HomeMy WebLinkAboutord2024-021File ID: AB2024-208
File Created: 03/08/2024
Department: Planning and
Development
Services Department
Assigned to: Council
Agenda Date: 04/09/2024
Related Files:
Whatcom County
Agenda Bill Report
File Number: AB2024-208
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
Version: 1 Status: Adopted
Entered by: LClark@co.whatcom.wa.us
File Type: Ordinance Requiring a Public Hearing
Primary Contact Email: lclark@whatcomcounty.us
TITLE FOR AGENDA ITEM:
Final Action: 04/09/2024
Enactment #: ORD
2024-021
Ordinance adopting Whatcom County Code Title 20, zoning code amendments relating to
allowing propane reload, storage, and distribution facilities in the agriculture zone as a
conditional use
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
This is an Ordinance to allow as a conditional use the distribution, reload, storage, and sales of
propane in the Agriculture District, and as a permitted use in the Light Impact Industrial District,
Heavy Impact Industrial District, Rural Industrial and Manufacturing District, and add two new
definitions to the Definitions sections of WCC.
HISTORY OF LEGISLATIVE FILE
Date: Acting Body: Action: Sent To:
03/19/2024 Council INTRODUCED FOR Council
PUBLIC HEARING
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
04/09/2024 Council ADOPTED
Aye: 5 Buchanan, Byrd, Elenbaas, Scanlon, and Stremler
Nay: 2 Donovan, and Galloway
Whatcom County Page 1 Printed on 411012024
Agenda Bill Report Continued (A82024-208)
Attachments: Revised Memo to Council, Staff Memo, Proposed Ordinance, Revised Proposed Ordinance
(Redline for 3.19.2024 Intro), Draft PC Minutes 20240222, PC Minutes amended 20240125,
Futurewise Comments 1.25.2024, Memo #2 to Council (March 2024), Whatcom Family Farmers
Letter
Whatcom County Page 2 Printed on 411012024
3-05-2024
PROPOSED BY: County Council
INTRODUCTION DATE: March 19', 2024
ORDINANCE NO. 2024-021
ADOPTING WHATCOM COUNTY CODE TITLE 20, ZONING CODE,
AMENDMENTS RELATING TO ALLOWING PROPANE RELOAD,
STORAGE, AND DISTRIBUTION FACILITIES IN THE AGRICULTURE
ZONE AS A CONDITIONAL USE
WHEREAS, the docket included amending Whatcom County Code 20.40.150,
Agriculture (AG) District, to allow propane reload, storage, and distribution facilities
in the Agriculture Zone as a conditional use under certain circumstances; and
WHEREAS, the Agricultural Advisory Committee recommended approval on
December 13, 2023; and
WHEREAS, The Whatcom County Planning Commission held a public hearing
February 8, 2024 and issued recommendations on the proposed amendments; and
WHEREAS, The County Council considered Planning Commission
recommendations; and
WHEREAS, The County Council held a public hearing; and
WHEREAS, The County Council hereby adopts the following findings of fact:
FINDINGS OF FACT
1. The subject proposal includes the following amendments to the Official
Whatcom County Zoning Ordinance (Title 20):
a. Amending the conditional use criteria in the Agricultural District (AG) to
include .198 (1)-(11) allowing propane reload, storage, and distribution
facilities in the Agriculture zone(WCC 20.40);
b. Amending the permitted uses in Light Impact Industrial (LII) District to
allow propane retail and distribution facilities (WCC 20.66);
c. Amending the permitted uses in Heavy Impact Industrial (HII) District to
allow propane retail and distribution facilities (WCC 20.68);
d. Amending the permitted uses Rural Industrial and Manufacturing (RIM)
District to allow propane retail and distribution facilities (WCC 20.69);
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e. Adding a definition of "Propane Retail and Distribution Facility" (WCC
20.97) and,
f. Adding a definition of "Propane Intracompany Transport" (WCC 20.97).
2. A Determination of Non -Significance was issued by the SEPA Responsible
Official on November 22, 2023 (File # SEPA2023-00092).
3. Notice of the Planning Commission hearing for the subject amendments was
published in the Bellingham Herald on January 12th, 2024.
4. Notice of the Planning Commission hearing for the subject amendments was
posted on the County website on January 12th, 2024.
5. Notice of the Planning Commission hearing was sent to the County's e-mail
list on January 12th, 2024.
6. The Planning Commission held a public hearing on the subject amendments
on January 25th, 2024.
7. In order to approve an amendment to the development regulations, the
County must find that the amendment is consistent with the comprehensive
plan (WCC 22.10.060(2)).
8. Relevent Whatcom County Comprehensive goals and policies.
Goal 8A: Conserve and enhance Whatcom County's agricultural land
base for food and fiber production.
Policy 8A-5: Discourage conversion of productive agricultural land to
incompatible non-agricultural uses.
CONCLUSION
The subject Whatcom County Zoning Code text amendments are consistent with
the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Section 1. The Agricultural District (WCC 20.40) is hereby amended as shown on
Exhibit A.
Section 2. The Light Impact Industrial District (WCC 20.66) is hereby amended
as shown on Exhibit B.
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Section 3. The Heavy Impact Industrial District (WCC 20.68) is hereby amended
as shown on Exhibit C.
Section 4. The Rural Industrial and Manufacturing District (WCC 20.69) is
hereby amended as shown on Exhibit D.
Section 5. The Definitions (WCC 20.97) are hereby amended as shown on
Exhibit E.
Section 6. Adjudication of invalidity of any of the sections, clauses, or
provisions of this ordinance shall not affect or impair the validity of the
ordinance as a whole or any part thereof other than the part so declared to be
invalid.
ADOPTED this 9th day of April 2024.
WHATCOM COUNTY COUNCIL
WHATC�PKtOU"'N�� WASHINGTON
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Dana Bro`inrtk DD 4��ri�Gourcil Clerk s
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APPROVED asAo `form:
/s/ Royce Buckingham
Civil Deputy Prosecutor
ryy Buchanan, Chairperson
ox Approved ( ) Denied
Satpal Si hu, Executive
Exhibit A: Proposed Amendments to WCC
Chapter 20.40 AGRICULTURE (AG) DISTRICT
WCC Chapter 20.40
AGRICULTURE (AG) DISTRICT
20.40.150 Conditional uses.
.198 Propane Retail and Distribution Facilities, provided all of the following criteria are met:
(1) The use shall not result in the conversion of Agricultural Lands of Long -Term
Commercial Significance or land in active agricultural use.
(2) The use shall be located, designed, and operated so as not to interfere with the overall
agricultural character of the area.
(3) The facility's size, scale, and character shall be compatible with the agricultural/rural
character of the surrounding area.
(4) To the extent practicable, a facility shall only be pennitted within existing buildings and
on hard surfaces, although said buildings may be improved as permitted by applicable
codes.
(5) The use shall only be allowed to expand into pervious surfaces when said expansion will
have minimal impact on the agricultural land base and any current agricultural use.
(6) The proposal will not preclude the property's present or future agricultural uses or
substantially detract from on -site agricultural production.
(7) The proposal will not adversely impact or interfere with accepted farm practices on
adjacent or nearby agricultural operations.
(8) The proposal complies with all applicable local, state, and federal laws. Applicable
County Code includes but is not limited to SEPA (WCC 16.08), Conditional Use Pei7nit
criteria (WCC 22.05.026), and Proof of Insurance (WCC22.05.125).
(9) New or modified equipment and any vehicles loaded at the proposal site will be used only
for the purposes of Propane Retail and Distribution Facilities for direct sale distribution to
end users of propane or Intracompany Transport for direct sale distribution of propane to
end users of propane.
(10) Propane distribution facilities shall follow applicable recommendations of the
U.S. Chemical Safety and Hazard Investigation Board (CSB).
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(11) Future modification or expansion of aproposal permitted under this section shall
be conditioned that the permitted equipment shall only be used in the manner approved in
the permit.
Page 5 of 9
Exhibit B: Proposed Amendments to WCC
Chapter 20.66 LIGHT IMPACT INDUSTRIAL
(LII) DISTRICT
Chapter 20.66
LIGHT IMPACT INDUSTRIAL (LII) DISTRICT
20.66.050 Permitted uses.
.097 Propane Retail and Distribution Facility.
Page 6 of 9
Exhibit C: Proposed Amendments to WCC
Chapter 20.68 HEAVY IMPACT INDUSTRIAL
(LII) DISTRICT
Chapter 20.68
HEAVY IMPACT INDUSTRIAL (LII) DISTRICT
20.68.050 Permitted uses.
.110 Propane Retail and Distribution Facility.
Page 7 of 9
Exhibit D: Proposed Amendments to WCC
Chapter 20.69 RURAL INDUSTRIAL AND
MANUFACTURING (RIM) DISTRICT
Chapter 20.69
RURAL INDUSTRIAL AND MANUFACTURING (RIM) DISTRICT
20.69.050 Permitted uses.
056 Propane Retail and Distribution Facility.
Page 8 of 9
Exhibit E: Proposed Amendments to WCC
Chapter 20.97 DEFINITIONS
Chapter 20.97
DEFINITIONS
20.97.160 "P" definitions.
Propane Retail and Distribution Facility. "Propane Retail and Distribution Facility"
means a complex that will receive, store and distribute propane directly to an end user.
Propane Intracompany Transport. "Propane Intracompany Transport" means the
movement of propane from one Propane Retail and Distribution facility receiving
point to another Propane Retail and Distribution facility within a company's network
of wholly -owned facilities.
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