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HomeMy WebLinkAboutSpecial Council Oct 20 2020Whatcom County Council (Special) COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010 Minutes - Final VIRTUAL WORK SESSION (CHERRY POINT) Tuesday, October 20, 2020 1PM Virtual Meeting COUNCILMEMBERS Rud Browne Barry Buchanan Tyler Byrd Todd Donovan Ben Llenbaas Carol Frazey Kathy Kershner CLERK OF THE COUNCIL Dana Brown -Davis, C.M.C. Council (Special) Minutes - Final October 20, 2020 Call To Order Roll Call Council Chair Barry Buchanan called the meeting to order at 1 p.m. in a virtual meeting. Present: 7 - Rud Browne, Barry Buchanan, Tyler Byrd, Todd Donovan, Carol Frazey, Ben Elenbaas and Kathy Kershner Absent: None Discussion Item 1. AB2020-345 Discussion of proposed Cherry Point amendments Eddy Ury, RE Sources, gave a history of the Joint Stakeholder's proposed revisions to the Planning Commission's recommendations and introduced the following signatory stakeholder participants: • Pam Brady, BP • Geoff Chalfont, BP • Jim Verburg, BP • Tim Johnson, Phillips 66 • Brad Brown, Philips 66 • Carl Perkins, Phillips 66 • Gavin Carscallen, Petrogas • Andrew Gamble, Petrogas • Alex Ramel, Stand.earth • Anna Doty, Washington Environmental Council (WEC)/Washington Conservation Voters (WCV) • Trevor Smith, Laborers Local 292 Also attending the meeting: • Carl Weimer, Pipeline Safety Trust • Holli Johnson, Western States Petroleum Association • Erin Strang, Phillips 66 Timestamp: 00:16:00 Ury updated the Councilmembers on behalf of all the stakeholders and walked through proposed amendments from August 13, 2020 Planning Commission Recommended Version (on file). Timestamp: 00:39:53 Whatcom County Page / Printed on 1111212020 Council (Special) Minutes - Final October 20, 2020 He and the following people discussed with Councilmembers and answered questions: • Alex Ramel • Geoff Chalfont • Tim Johnson • Andrew Gamble • Trevor Smith Timestamp: 01:17:32 Ury presented and summarized the Cherry Point Amendments Joint -Stakeholder Revisions (attached) and the following people discussed with Councilmembers and answered questions: • Gavin Carscallen • Alex Ramel • Tim Johnson • Pam Brady • Geoff Chalfont • Matt Aamot, Planning and Development Services Department • Mark Personius, Planning and Development Services Department Director Timestamp: 03:15:00 Council Chair, Barry Buchanan, proceeded with facilitating the remainder of the work session. The following person discussed the proposed amendments with Councilmembers and answered questions: • Matt Aamot Councilmembers discussed how they would like to vote on the document. Councilmembers made several motions (below) and the following people discussed them with Councilmembers and answered questions: • Eddy Ury • Tim Johnson • Pam Brady • Mark Personius Whatcom County Page 2 Printed on 1111212020 Council (Special) Minutes - Final October 20, 2020 • Karen Frakes, Prosecuting Attorney's Office • Dana Brown -Davis, Clerk of the Council Timestamp: 03:33:26 Donovan moved to consider the stakeholder proposed revisions in the Cherry Point Amendments Joint -Stakeholder Revisions document individually, as highlighted in blue. The motion was seconded by Browne. Councilmembers and the speakers discussed the motion and stakeholders stated that they preferred that the revisions in the stakeholder document be considered collectively. The motion carried by the following vote: Aye: 4 - Browne, Buchanan, Donovan, and Frazey Nay: 1 - Byrd Abstain: 1 - Elenbaas Out of the Meeting: 1 - Kershner Timestamp: 03:44:52 Browne moved to approve the changes as highlighted in blue in Section 20.68.068. The motion was seconded by Donovan. Councilmembers discussed the motion. The motion carried by the following vote: Aye: 4 - Buchanan, Donovan, Frazey, and Browne Nay: 0 Abstain: 2 - Byrd and Elenbaas Out of the Meeting: 1 - Kershner Timestamp: 03:48:28 Donovan moved to approve the changes as highlighted in blue in Section 20.68.153 (including Subsections A, B, and C but not including numbered Subsections 1-10) with the correction of the word "it's" to "its." The motion was seconded by Browne. Councilmembers discussed the motion. "Timestamp: 03:50:00 Browne moved to amend the motion to approve as above with the following change: C. Cumulatively increases 41s the maximum fossil fuel Whatcom County Page 3 Printed on 1111212020 Council (Special) Minutes - Final October 20, 2020 *ant storage capacity of unrefined fossil fuels fr-em the facility by more than 1-0,000 50,000 barrels (or 420,000 the equivalent amount of gallons) per day. The motion to amend failed for lack of a second. Councilmembers continued to discuss Donovan's motion. Donovan's motion carried by the following vote: Aye: 4 - Donovan, Elenbaas, Frazey, and Buchanan Nay: 1 - Browne Out of the Meeting: 2 - Kershner and Byrd Timestamp: 04:00:25 Donovan moved to approve the changes as highlighted in blue in Subsection three and proposed Subsection ten of Section 20.68.153, and the language as highlighted in blue in Section 20.68.205. The motion was seconded by Elenbaas. Timestamp: 04:01:52 Browne suggested a friendly amendment to approve everything Donovan just said with the exception of language under "Change of Use." Donovan accepted, but then stated that his motion did not include the "Change of Use" section and the definitions so Browne withdrew his friendly amendment. Councilmembers clarified Donovan's motion. Donovan's motion carried by the following vote: Aye: 5 - Donovan, Elenbaas, Frazey, Browne, and Buchanan Nay: 0 Out of the Meeting: 2 - Kershner and Byrd Timestamp: 04:04:51 Elenbaas moved to approve the changes as highlighted in purple under Section 20.68.150. The motion was seconded by Browne. Councilmembers and Ury discussed the motion. Timestamp: 04:09:00 Browne moved to amend the motion by adding language to the text highlighted in purple as follows: Wkntcom County pine 4 Printed on 1111212020 Council (Special) Minutes - Final October 20, 2020 Determination of "maximum transshipment capacity" under this WCC 20.68.153, shall be the maximum capacity resulting from an evaluation by a third -party licensed professional engineer, approved by the Planning and Development Director of the facility's storage, transfer, or shipment capacities and which may include, or be solely based on, other transshipment limitations that can be demonstrated by the applicant. The motion was seconded by Donovan. Councilmembers discussed the motion to amend with County staff and Joint Stakeholder participants. Elenbaas withdrew his motion to approve the changes as highlighted in purple under Section 20.68.150 and Browne withdrew his second, so the motion to amend was also withdrawn and was not voted on. Councilmembers continued to discuss the item. Timestamp: 04:23:1 1 Donovan moved to approve the definition of Fossil -Fuel Refinery as revised with the changes highlighted in blue in Section 20.97.160.4. The motion was seconded by Buchanan. Councilmembers discussed the motion. The motion carried by the following vote: Aye: 5 - Browne, Buchanan, Donovan, Elenbaas, and Frazey Nay: n ...7 Abstain: 1 - Byrd Out of the Meeting: 1 - Kershner Timestamp: 04:25:56 Donovan moved to approve the changes as highlighted in blue in Section 16.08.090 Subsection E, Section 20.97.052.1, and the line directly after that Section starting with "'Change of use' means when a building...," but not the changes in Section 20.74.115. The motion was seconded by Browne. The motion carried by the following vote: Aye: 5 - Browne, Buchanan, Donovan, Elenbaas, and Frazey Nay: Abstain: 1 - Byrd Whatcom County Paige 5 Printed on 1111212020 Council (Special) Minutes - Final October 20, 2020 Other Business Adiournment Out of the Meeting: I - Kershner Timestamp: 04:28:55 Elenbaas `roved to accept the changes as highlighted in blue in Section 20.74.115. The motion was seconded by Donovan. Councilmembers and meeting participants discussed the motion. The motion failed by the following vote: Aye: 2 - Byrd and Elenbaas Nay: 4 - Buchanan, Donovan, Frazey, and Browne Out of the Meeting: 1 - Kershner Timestamp: 04:3 7:27 Elenbaas moved to schedule another work session after an undefined time period after the stakeholders have met. The motion was seconded by Frazey. Dana Brown -Davis, Clerk of the Council spoke about the availability of meeting time and the deadline for introducing a new interim Ordinance. Councilmembers discussed the motion. The motion carried by the following vote: Aye: 5 - Donovan, Elenbaas, Frazey, Browne, and Buchanan Nay: 0 Abstain: 1 - Byrd Out of the Meeting: 1 - Kershner Buchanan thanked Ury and the other participants for their work. This agenda item was DISCUSSED AND MOTION(S) APPROVED. There was no other business. The meeting adjourned at 5:44 p.m. The County Council approved these minutes on November 10, 2020. Whatcone County Page 6 Printed on 1111212020 Council (Special) ®�y�SffSlili93 (p ) ` llipp ates -Final October 20, 2020 g Ni .'R B ATTF� (�����" WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WA Dana Bfp�vn-Davi�,Vounc,j] Clerk�tuchanan, Council Chair �1 �• �e�lb ► � o�Q/�l Kristi Felbinger, Minutes Whatcom County Page 7 Printed on 1111212020 Requesting consideration by Whatcom County Council on October 20th, 2020, authorized representatives of the following parties have agreed that our respective interests would be served by revising the Planning Commission's Aug 13t" draft of Cherry Point Amendments as shown below: III! pill These revisions aim to address facility use changes that could be identified as conditional uses or prohibited uses. In the Aug 131" draft code amendments, the definition of the term "Change of Use" in WCC 20.97.052.1 does not meaningfully align with the term's apparent purpose in the two clauses where it appears. We are proposing to remove the term from these code amendments, and address its purpose through an alternative approach. Our collective request for these revisions to the draft amendments should not be construed as support for adopting the amendments into county code, nor does it indicate the full extent of revisions that respective parties would like to see. M Council -proposed amendments Planning Commission proposed revisions Current unamended Whatcom County Code Commentary or explanation sX M 20.68.050 Permitted Uses [Heavy Impact Industrial District] 20.68.068 Existing fossil fuel refineries Fossil duel _ransshipment facilities, renewable fuel refineries, �AQM# fr aaif1, i provided that a conditional use permit is not required by WCC 20.68.153, uses includOM repairs, improvements, maintenance, modifications, remodeling or other changes including but not limited to the following: [numerated 1 - 22] Note: Per proposed WCC 20.68.153, conditional use permits will be required when certain cumulative capacity increases occur at a fossil fuel refinery or a fossil fuel transshipment facility. To measure baselines and track cumulative increases, beginning with the first land use permit sought after the effective date of the amended rule, a permittee shall provide the following information and update the information provided upon every subsequent land use permit application: • Types of fuels or feedstock' ® Mode of shipment' • Maximum transshipment capacity3 • Maximum atmospheric crude distillation capacity' 20.68.150 Conditional Uses The following uses require a conditional use permit in the HII Zoning District .153 Expansion of existing legal Fossil Fuel Refineries or expansion of existing legal Fossil Fuel Transshipment Facilities. For purposes of this section, an expansion is any Fossil Fuel Refinery and/or Fossil Fuel Transshipment Facility development (including otherwise permitted or accessory uses), vested after the effective date of this ordinance that meets any one of the following �� . _ thresholds: A. Cumulatively increases its maximum atmospheric crude distillation capacity of fossil fuels by more than 10,000 barrels (or 420,000 gallons) per day based upon an evaluation of physical equipment limitations conducted by a licensed professional engineer; or B. Cumulatively increases "W maximum transshipment capacity i by more than 10,000 barrels (or 420,000 gallons) per day. C. Cumulatively increases it''s maximum transshipment capacity of unrefined fossil fuels from the facility by more than 10,000 barrels (or 420,000 gallons) per day, if a collditioilai use pei'i71I is obtaiiied, the baseline for determining the cumulative increases is reset. Such expansions shall be subject to the conditional use criteria below: (1) The conditional use permit approval criteria listed under WCC 20.84.220 are met; (2) Within shorelines, if applicable, County approval shall be contingent upon approval of a shoreline permit; i Disclosures cannot include trade secrets, i.e. locational origin of feedstock sources. 2 Shipment mode categorized generally i.e. tanker, barge, truck, unit train, etc. 3 This term is defined in the Aug 13t" draft code and disclosed calculations may incorporate the throughput and capacity of multiple fuel production units. 4 a definition of "maximum transshipment capacity" has been discussed by stakeholders but have not reached full consensus. 5 Petrogas proposed this definition. Particularly, "be solely based upon' raised concerns for Stand. (3) The applicant has documented and volumes of substances irah: types, s $r The permit shall be limited exclusively to those types and volumes of materials or products as documented and approved. (4) Insurance requirements meet the provisions of WCC Section 22.05.125. (5) Mitigation of transportation impacts consistent with Chapter 20.78 WCC, Transportation Concurrency Management, and Chapter 16.24 WCC, Commute Trip Reduction (6) Mitigation of impacts to other services including fire and emergency response capabilities, water supply and fire flow, to address risks created by expansions. (7) Plans for stormwater and wastewater releases have been approved. 8) Prior to commencement of any site preparation or construction activities, all necessary state leases shall be acquired for any piers or aquatic lands improvements, and it shall be demonstrated to the satisfaction of the zoning administrator that the project applicant has met any federal or state permit or consultation requirements, including tribal treaty rights or the provisions of the Magnuson Amendment through state and federal permitting decisions; and (9) The County decision maker may approve a conditional use permit with a condition to obtain relevant leases and complete any necessary federal and state permitting requirements, and may restrict the conditional use permittee from undertaking site preparation or construction activities until it has fulfilled that condition 20.68.200 Prohibited Uses .205. New Fossil Fuel Transshipment Facilities; provided that, the following uses of facilities are not prohibited(l)mterrefineryshipmentsa1tro�ft�t11,1? ��)��lppc����� (u) transferring Y ,���� `fit during emergency scenarios where contingencies regwre '` „'� t)a tto be moved, and (iii) necessary „_ o pa transfers during turn-arounds or maintenance periods., including bulk s*eFageoi- Note: We believe this change would satisfy the concerns expressed by Councilmembers about this provision without functionally changing the intended effect of this provision. As we understand it, any project that meets the codified definition of "New Fossil Fuel Transshipment Facilities" would be prohibited outright, regardless of the three identified activities, but this language serves to clarify that facilities which do not meet that definition would not be prohibited from engaging in these activities to the extent that they do not meet the definition specified in draft WCC 20.97.160.3. 6 Criteria (10) could be moved to fit within criteria (3) and/or be duplicated to be clear as to which aforementioned disclosures are the permittee's responsibility to update the county on changes to after approval of a CUP. We suggest this change on the condition that satisfactory definitions of "refined products and intermediate materials" be added, which we will submit accordingly if this suggestion is accepted by Council. "Intermediate Materials" refers to refined or partially refined products that are produced at a refinery by processing crude oil and other petroleum -based feedstocks that can be further processed to produce refined products or other blending components. We are recommending the term "Fossil Fuels" in place of "petroleum products" in 20.68.205 because a specific definition for Fossil Fuels is already in place within the draft amendments proposal, WCC 20.97.160.2. This definition may also warrant revisions to ensure the intended meaning is appropriately captured. Stakeholders discussed possible changes but have not yet reached consensus. Other definitions may also be worth revisiting in addition to the one below. 20.97 160.4 Fossil -Fuel Refinery A "Fossil -Fuel Refinery" , a facility that -receives and converts into products including but not limited to gasoline, distillates such as diesel fuel and heating oil, jet fuel, petrochemical feedstocks, waxes, lubricating oils t wffioCf and asphalt }oszel fZfzryae�tu include but are not limited to. bulk storage manufacturing or processing of fossil fuels tpttt1 stfexlf or byproducts �1fTtI:�1t�t _tabs. This definition excludes Small Fossil or Renewable Storage and Distribution Facilities. t SEPA Chapter: 16.08.090 Environmental checklist E.... "For any proposed ti'~ ' ; expansion of facilities 1 }, , xfk Y rua-pzrf��t'z�x� rsr^r1r •- t *: �"�r z � ' i €, t; c. �,i �' � t i. � x. e, the proponent will provide an expert evaluation or fill out the County's SEPA "Worksheet for Fossil and Renewable Fuel Facilities." ... definition] Note: 20.74.115 would be inoperable as written and otherwise redundant to retain. Existing Fossil Fuel Refineries would already be required to obtain CUPs for increasing their capacity to refine crude oil. It should be clear that a standalone Renewable Fuel facility could not change its use to what is barred in 20.68.200 for new facilities. If that meaning is not unequivocal enough with the above additions included, it should be further clarified in the Prohibited Use section that any existing facility cannot alter itself in such a way that it meets the definition of a new prohibited facility. (Moreover, there is no generalized definition of "fossil fuel facilities" in the code, and this clause appears to imply that a Renewable Fuel Refinery or a Renewable Fuel Transshipment Facility could exist separately within the boundary of a Fossil Fuel Refinery, which further convolutes the defined construct of a Refinery being defined as a singular facility containing various interrelated structural units within its complex. We've sought to remove ambiguities and equivocations of the term "facility" throughout the code amendments to distinguish a cohesive intended meaning. To that end, we have made a point to capitalize all terms that correspond to codified definitions. Any such instance where a specifically defined term is uncapitalized should be understood as an error to be corrected.