HomeMy WebLinkAboutord2022-048Whatcom County COUNTY COURTHOUSE
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Bellingham, WA98225-4038
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Agenda Bill Master Report
File Number: AB2021-424
File ID: AB2021-424 Version: 1 Status: Adopted
File Created: 07/15/2021 Entered by: CStrong@co.whatcom.wa.us
Department: Planning and File Type: Ordinance Requiring a Public Hearing
Development Services
Department
Assigned to: Council Final Action: 06/21/2022
Agenda Date: 06/21/2022 Enactment#: ORD 2022-048
Primary Contact Email: cstrong@co.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Ordinance adopting amendments to the Whatcom County Code Title 20, Zoning to allow and regulate
Battery Energy Storage Systems
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
Proposed amendments to WCC Title 20 (Zoning) amendments to the Whatcom County Code Title 20
(Zoning) to allow and regulate Battery Energy Storage Systems in Whatcom County
HISTORY OF LEGISLATIVE FILE
Date: Acting Body:
Action:
Sent To:
07/27/2021 Council INTRODUCED FOR PUBLIC Council
HEARING
Aye: 7 Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
08/10/2021 Council HEARD PUBLIC Council Planning and
TESTIMONY AND Development Committee
REFERRED TO
COMMITTEE
Aye: 5 Buchanan, Byrd, Donovan, Frazey, and Kershner
Nay: 2 Browne, and Elenbaas
Absent: 0
Whatcom County Page 1 Printed on 612812022
Agenda Bill Master Report Continued (AB2021-424)
09/28/2021 Council Planning and Development
Committee
09/28/2021 Council
06/07/2022 Council
06/21/2022 Council
Aye: 7
Nay: 0
Absent: 0
Aye: 6
Nay: 1
Absent: 0
Aye: 7
Nay: 0
Absent: 0
HELD IN COMMITTEE Council Planning and
Development Committee
HELD IN COMMITTEE Council Planning and
Development Committee
Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
INTRODUCED FOR PUBLIC Council
HEARING
Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner
Elenbaas
ADOPTED
Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Attachments: Staff Memo, Staff Report, Draft Ordinance, Exhibit A, Application
Whatcom County Page 2 Printed on 6/28/2022
PROPOSED BY: Planning
INTRODUCTION DATE: 6/7/22
ORDINANCE NO. 2022-048
ADOPTING AMENDMENTS TO WHATCOM COUNTY CODE TITLE 20 ZONING TO ALLOW AND REGULATE
BATTERY ENERGY STORAGE SYSTEMS
WHEREAS, NextEra Resources Development, LLC, has submitted an application for amendments
to WCC Title 20 Zoning to allow Battery Energy Storage Systems (BESS).
WHEREAS, as BESS is a new technology not anticipated when our code was written, BESS are
not a specified use in Title 20 and thus prohibited and a code amendment is necessary to allow such use;
and,
WHEREAS, The Whatcom County Council reviewed and considered Planning Commission
recommendations, staff recommendations, and public comments on the proposed amendments; and,
WHEREAS, The County Council hereby adopts the following findings of fact:
FINDINGS OF FACT
1. NextEra Resources Development, LLC, has submitted an application for amendments to WCC Title
20 Zoning to allow Battery Energy Storage Systems as a conditional use in the Rural district.
2. After consideration of the application, and in order to accommodate future anticipated BESS
facilities, PDS, has expanded on NextEra's request and proposes to allow BESS in several zoning
districts, along with adding some standards so as to minimize impacts on surrounding residences
and other adjacent uses, to which the applicant agrees.
3. A determination of non -significance (DNS) was issued under the State Environmental Policy Act
(SEPA) on May 27, 2021.
4. Notice of the subject amendment was submitted to the Washington State Department of Commerce
on June 02, 2021, for their 60-day review.
5. The Planning Commission held a public hearing on the proposed amendments on July 8, 2021,
notice of which was published in the Bellingham Herald on June 25, 2021.
6. The County Council held a duly noticed public hearing on the proposed amendments on August 10,
2021 and June 21, 2022.
7. The amendments are consistent with Comprehensive Plan Policy 513-1, which supports the
facilitation of the use of new technologies by allowing flexibility in regulations and policies affecting
utility facilities when it can be shown that a net benefit to the public is likely to result.
8. The amendments are consistent with Comprehensive Plan Policy 513-2, which supports development
and use of new technologies
9. The amendments are consistent with Comprehensive Plan Policy 5F-1, which supports periodically
reviewing existing regulations to identify and eliminate unintended or unreasonable constraints on
the provision of necessary utilities as defined in this section.
Page 1 of 2
10. The amendments are consistent with Comprehensive Plan Policy 7C-3, which supports working with
service providers for a dependable electric power supply, alternative energy sources,
communications, and evolving technology to support existing and future business development.
CONCLUSIONS
1. The amendments to the zoning code are the public interest.
2. The amendments are consistent with the Whatcom County Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Section 1. Amendments to the Whatcom County Code are hereby adopted as shown in Exhibit A.
Section 2. Staff is authorized to work with Code Publishing to correct and update any cross-
references made ineffective by these amendments.
ADOPTED this day of June 2022.
WHAT'�C �C® C06. e.
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APPROVED as to form:
Is/Royce Buckingham (approved via e-moil6.22.22)IJL
Civil Deputy Prosecutor
Todd Donovan, Cou
Approved ( ) Denied
S'40--
Satpal Sidhu, E ecutive
Date:
Page 2 of 2
EXHIBIT A
Proposed Battery Energy Storage Systems (BESS)
Amendments to the Whatcom County Code
WCC Title 20 Zoning
Chapter 20.32
RESIDENTIAL RURAL (RR) DISTRICT
20.32.130 Administrative approval uses.
.136 Battery energy storage systems with up to 5 MW of storage capacity, provided:
(1) Any structures shall be no closer than 25 feet from any property line.
(2) The proposed use shall be compatible with the general appearance and character of the
surrounding area. Landscape screening shall be required pursuant to the requirements of WCC
20.80.345.
(3) Any lights used to illuminate the facility shall be so arranged as to direct the light away from the
adjoining properties and the public roads.
(4) The facility shall comply with state noise level standards under Chapter 173-60 WAC, as
amended. The applicant shall provide information detailing the expected noise level and any
proposed abatement measures. This may require noise attenuation devices or other mitigation
measures to minimize impacts.
Chapter 20.34
RESIDENTIAL RURAL -ISLAND (RRI) DISTRICT
20.34.130 Administrative approval uses.
.135 Battery energy storage systems with up to 5 MW of storage capacity, provided:
(1) Any structures shall be no closer than 25 feet from any property line.
(2) The proposed use shall be compatible with the general appearance and character of the
surrounding area. Landscape screening shall be required pursuant to the requirements of WCC
20.80.345.
(3) Any lights used to illuminate the facility shall be so arranged as to direct the light away from the
adjoining properties and public roads.
Exhibit A — Proposed BESS Amendments
June 21, 2022
(4) The facility shall comply with state noise level standards under Chapter 173-60 WAC, as
amended. The applicant shall provide information detailing the expected noise level and any
proposed abatement measures. This may require noise attenuation devices or other mitigation
measures to minimize impacts.
Chapter 20.36
RURAL (R) DISTRICT
20.36.130 Administrative approval uses.
.139 Battery energy storage systems with up to 5 MW of storage capacity, provided:
(1) Any structures shall be no closer than 25 feet from any property line.
(2) The proposed use shall be compatible with the general appearance and character of the
surrounding area. Landscape screening shall be required pursuant to the requirements of WCC
20.80.345.
(3) Any lights used to illuminate the facility shall be so arranged as to direct the light away from the
adjoining properties and public roads.
(4) The facility shall comply with state noise level standards under Chapter 173-60 WAC, as
amended. The applicant shall provide information detailing the expected noise level and any
proposed abatement measures. This may require noise attenuation devices or other mitigation
measures to minimize impacts.
20.36.150 Conditional Uses.
198 Battery energy storage systems with more than 5 MW of storage capacity, provided:
(1) The facility is located within one mile of an existing electrical substation.
(2) Any structures shall be no closer than 25 feet from any property line.
(3). The proposed use shall be compatible with the general appearance and character of the
surrounding area. Landscape screening shall be required pursuant to the requirements of WCC
20.80.345.
(4) Any lights used to illuminate the facility shall be so arranged as to direct the light away from the
adjoining properties and the public roads.
(5) The facility shall comply with state noise level standards under Chapter 173-60 WAC, as
amended. The applicant shall provide information detailing the expected noise level and any
proposed abatement measures. This may require noise attenuation devices or other mitigation
measures to minimize impacts.
2
Exhibit A — Proposed BESS Amendments
June 21, 2022
20.36.450 Lot coverage (Adopted by reference in WCCP Chapter 2.)
No structure or combination of structures shall occupy or cover more than 5,000 square feet or 20% of
the total lot area, whichever is greater, not to exceed 25,000 square feet, except as follows:
1. Public community facilities that serve a predominantly rural area shall occupy or cover no more
than 35% of a lot, with no limitation on structure (or combination of structures) size.
2. Battery energy storage systems with more than 5 MW of storage capacity approved pursuant to
WCC 20.36.198 shall occupy or cover no more than 20% of the total lot area, with no limitation
on structure (or combination of structures) size.
3. Buildings used for livestock or agricultural products shall be exempt from this lot coverage
requirement.
Chapter 20.66
LIGHT IMPACT INDUSTRIAL (LII) DISTRICT
20.66.050 Permitted uses.
.095 Battery energy storage systems of any storage capacity.
Chapter 20.68
HEAVY IMPACT INDUSTRIAL (HII) DISTRICT
20.68.050 Permitted uses.
.109 Battery energy storage systems of any storage capacity.
Chapter 20.82
PUBLIC UTILITIES
20.82.040 Other applicable regulations
(1) Solid waste facilities and large scale electrical generating plants are not conditional uses under the
name "public utilities" but are restricted to where they have been named as uses.
(2) The provisions of this chapter shall not apply to wireless communications services and facilities
which are regulated under Chapter 20.13 WCC.
(3) The provisions of this chapter shall not apply to Battery Energy Storage Systems (BESS), which are
regulated under the applicable zoning district.
Chapter 20.97
DEFINITIONS
3
Exhibit A — Proposed BESS Amendments June 21, 2022
20.97.026 Battery Energy Storage System (BESS).
"Battery energy storage system" (BESS) means an energy storage system that can store and deploy
generated energy, typically a group of batteries that charge (i.e., collect energy) and store electrical
energy from the grid or energy generation facility and then discharge that energy at a later time to
provide electricity or other grid services when needed. BESS generally consist of batteries, battery
storage containers, on -site switchyard, inverters, associated interconnection transmission line, and
supervisory control and data acquisition system.
M