HomeMy WebLinkAboutord2022-048strike• Whatcom County COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
A Bellingham, WA 98225-4038
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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 t 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 612812022
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
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APPROVED as to form:
Is/Royce Buckingham (approved via e-mail 6.22.22)/JL
Civil Deputy Prosecutor
feds"A
Todd Donovan, Coun
oK Approved ( ) Denied
&ZU9ML 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. Batter. Y.._e_n.erf y storagie_systems._w th.._L).0.._t9...5.._M_W of stora.ge.._ca.pa_c ty,...n.i:oyidecl..:.
J1) Any structures shall he_no closer than 25 feet from any property line.
(2) The,pro�gsed use shall be compatible with the general a}earance and character of the
surroundin_garea. Landscape screening shall be required IDursuant to the re_uireq„ e nents of WCC
20.80.345.
t3j_Any li hts used to illuminate the facility shall be so arranged as to direct the light away from the
acloining pro erties and theublic roads.
i4 The facilityshall comply with state noise level standards under Chapter 173-60 WAC as
.......)............................_.............................................................._.p._.1................................._..............................................................................................._..__......................._............................................................................._................x.............
amended. The at���licant shalll wovide inforn a ion deta lin the expected noise level and and
,[L�qf used al2atement measures. This may require, noise attenuation devices or other mitigation
measures to minirnize in]oacts.
Chapter 20.34
RESIDENTIAL RURAL -ISLAND (RRI) DISTRICT
20.34.130 Administrative approval uses.
,135Battery ('riert�stora,er>ystc ms.with_.._.-Jr_to 5 MW o7_stoi nr catLa r:ity )royicecm
Any structures shall be no closer than 25 Feel froni ariv 1)roj)ertline.
The �ro�osed 1111
use shall be com;aatibl� with the; e.neraI a 3oe< ranee and character of the
.._.._._.......,___......_..._._....__..._....._ p . _....................l____.._._. .......... _. _ _.___..._._-.....__.. _ _._.._____....._ � _ _....____.__......._.._..
sr-irroundin , area. Landscape sc eeninp shal_I he required pursuant to the requirements of WCC
20.80.345.
(3 Anv lights u..........it_..... .._.. F.._....___.._...Y._____...__......._..._..
acijo,inint _prgtjerties and pi. bIicroads.
Exhibit A— Proposed BESS Amendments October 19, 2021
�41._ the facilitvshall con state noise level standards under Chapter 173-60 WAC, �s
a_m_endecl, The applicant shall iDrovide information cletailinv the expected noise level and any
proposed_Wabatement measures. This mav„requ.i_r_e„noise attenuation devices or- other mitii ation
measures to minimize in]Dacts.
Chapter 20.36
RURAL (R) DISTRICT
20.36.130 Administrative approval uses.
._139 Battery enemy stora e_systems with u,l) to 5 MW of store capacitynroyided:
f 1) Any structures shall be no closer than 25 feet from anv property line.
2 The roposed use shall be compatible with t> he eneral appearance and character of the
su,nound..n€,_arc a Landscape_screeninp_sh.all_ge required pursuant to the regui_remerits._of WCC
20,80,345.
(31 Anv lights used to illurinate the facility shall be so arranged as to direct the light awav frorn the
a dlo,i_ni np._properties and....public roads.
i,
f4The facility shall comply with state level standards_u_nderCha.pte_r173-60„WAC, as
nrrrended, The ala Ip icarrt,shall provide infomaat,ion detailinlj_L( expected noise level ai�cl any
proposed.abatement ,measures. This m<av recr_uirre noise attenuations devices or other mitigation
Deasures to mininize impacts.
20.36.150 Conditional Uses.
.1.98 Battery energy sto.irage systems with rnorc tha_n.5 MV1/..of storage capacity provide_d.;..
,C1J.._t-f1r'...facili:iy...i_s located within one mile of an existing electrical substation.
f2),Any structures shall be no closer than 25 feet from anv proi�e� rty line..
t..>.rcr <?sc'ci u_st shall be compatible,with the�eneral atjp__( ar;ance and character of [lie
sur rounding area. Land_sca_pe._screeninF shall he required Pursuant to the rguirernents._of WCC
20.80.345.
(4) Anv lights rased to illuminate the facility shall be so arranged as to direct the light awav frorn the
dioining aroaerties and the public roads.
a� ,i!i y_shall co n.ra.J..v._�� with state noise level standards un11der Chapter;173_-_60. WAC,,. as
ar-wended, The apDHC ,ntshall provide information decailin.1he expected noise. level and an,y
imposed ab-rtement measures This may red acre noise attenuation devices or other mit:i,ation
measures to minimize impacts.
_.._.... ------
_____._....._._.._.__..._ _�__....._.
►]
Exhibit A — Proposed BESS Amendments
October 19, 2021
20.36.450 Lot coverage (Adopted by reference in WCCP Chapter 2.)
structure or combination of structures shall occupy or cover more than 5,000
square feet or 20% of the total lot area, whichever is great er;-9f- i�a to rah lot area, not to exceed 25,000
square feet excep 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.
?:_._._._. Battery ne_rgy. stor.ge systems. with more than 5 MW of storagec.hc.it.y a�h�,ovf ci„t�ursi�arrt 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.
4.3. 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 energyatorage systems of a sto r e c�gjA/.
Chapter 20.68
HEAVY IMPACT INDUSTRIAL (HII) DISTRICT
20.68.050 Permitted uses.
..:1.09 [3attc�ry < ncr> .y.._`to.�. he s.vste.ms.._of any s or .1?, =.capa_city..
................................................ .....................
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 i he _>rovisions of (._..L......._ L _. _... this chapter shall_ ......
. to ...B.a..._t....t..._e_..r _Et .._e..._�r.€Y_.....o........�_7�e ...................._................_......,��.v._�. hihic_h are
.._...
regulated under the applicable zoning? district.
3
Exhibit A — Proposed BESS Amendments October 19, 2021
Chapter 20.97
DEFINITIONS
20.97.026 Battery Energy Storage 5er�r GUESS
Battery ever storage system" {BESS) means an energystorae sy_sterr� that can store and dew
generated ener t icall a rou of batteries that c_h<3r.g i.e_. collect ever and store electrical
...................._............_.........._...............Y......_Vo..................Y..........1....._........B......_........................._._........._................................._...............�........ s......................._..........................i Y.)............._.................._._............._......................_.........
enemy from the grid or energy generation facility and tjLI discha�that eneay at a,later time to
provide electricity or other grid services when needed. BESS 7ener 1 consist of batteries battery
storage containers on -site switchyard, inverters, associated interconnection transmission line, and
suoervisory control and data acouisition system.
4