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HomeMy WebLinkAboutOrdinance 22-055-CCBOARD OF COUNTY COMMISSIONERS Grant County, Washington ORDINANCE RELATING TO AN AMENDMENT TO THE UNIFIED DEVELOPMENT CODE CHAPTERS 23.04, ZONING; 23.08, PERFORMANCE AND USE STANDARDS; and, 25.02, DEFINITIONS ORDINANCE No. 22- D �� -CC WHEREAS, Adequate accommodations have been made for agencies, individuals and interest groups to be heard and the Planning Commission has thoroughly considered the testimony in the record, and; WHEREAS, the proposed amendments are consistent with adopted Comprehensive Plan goals, objectives and policies, and do not create adverse impacts to offsite properties, and promote flexibility of property use, and; WHEREAS, the Board of County Commissioners have found that the proposal is consistent with the general purpose and intent of the Grant County Comprehensive Plan; and, - WHEREAS, the Board of County Commissioners has found that, the UDC Amendment will serve the public use and interest, and; WHEREAS, Appropriate notice has been given to the Washington State Department of Commerce Growth Management Services in accordance with RCW 36.70A.106, and; WHEREAS, the proposed amendments are consistent with the applicable portions of RCW 36.70B, and; WHEREAS, Grant County Development Services Staff shall have the ability to modify the approved development code text to ensure proper formatting, spelling, etc. as well as correct any errors that may be discovered, and; WHEREAS, the Planning Commission conducted a public hearing on April 6, 2022 and unanimously recommended to the Board of County Commissioners approval of the proposed code amendments, and; WHEREAS, The Grant County Planning Commission added the following language at the request of the Department of Defense: "Proposed solar facilities located within military training routes with a floor of 500 AGL or less shall provide a glint/glare analysis to the NW DOD Regional Coordination Team local representative for review of potential glint or glare to ensure awareness to pilots and avoidance of any potential life safety concerns." This text will be added to Grant County Code 23.08.357(F). WHEREAS, the Board of County Commissioners held a pre -decision open record public hearing to consider the recommendation of the Planning Commission on April 26, 2022. P22-0055 — UDC Solar Amendment Ordinance WHEREAS, following the close of the public comment portion of the Hearing the Board of County Commissioners voted to amend the text and add additional language regarding disposal of damaged or decommissioned solar energy facility components, and; WHEREAS, the Board of County Commissioners held an additional public hearing on May 24, 2022 to accept public comments on the amended motion language from April 26, 2022 hearing. NOW, THEREFORE, BE IT HEREBY ORDAINED THAT the Grant County Board of Commissioners, ADOPT the attached amendments to GCC § 23.049 GCC § 23.08, and GCC § 25.02; and BE IT ALSO FURTHER ORDAINED that the effective time and date for these amendments shall be 5:00 p.m. on the date that the moratorium enacted under Ordinance No. 22 -043 -CC expires, August 1, 2022, or is repealed. DATED this � day of , 2022. BOARD OF COUNTY COMMISSIONERS Yea Nay Abstain GRANT COUNTY, WASHINGTON Danny Sto e, Chair ATTEST: EY F� El � 77wwo> Robes, ember Barbara squ Clerk of th o "� EJ El Cindy Carte • Men et P22-0055 — UDC Solar Amendment Ordinance Table 3 Allowable Land Uses for Unincorporated Portions of Urban Growth Area Zoning Districts1•2•3,4,5 Urban Zoning District6 Residential Commercial Industrial Other Land Use � � � � � � � � � O a Recreational Vehicle Parks, Short Term P .P P P P C P P P C P P Recreational Vehicle Parks, Extended Use P P P P P C P P C P P Small Scale Recreation & Tourism P P P P A A P P A A P Un -named Recreational Uses P P P P C C P P D13 C C P „ \a... y\ „ ,\ \\ a' a \: \\ \• \ \\•,\ N •\ \\,,. `,a.\ \. Vit\ \ \, ,. n \. anon I7ses „ •.. ,N•..\, ,\. \. , ,a\ Tra ori � Airports P P P P P P P P N 0 �'' P C P Airfields P P P P P P C C P C P Airstrips P P P P P P C C C C P Hangars P P P P P P C D P C P Helipads P P P P C C C C,� C C P Parking Lots, Commercial P P P P A A A A P C P Parking Structures P P P P C C C C P C P Public Paths and Trails A A A A A A A Ac; A A A Public Streets A A A A A A A A C A A Un -named Transportation Uses D D D D D D D D C D D \, ,v"\a, '.. (. \ \. ,:.. ,\\.,,. v"\„ „• h"•.\„\ "\, \ \\'� .,,..,..,\•`N \' \'. `a \ •N.\, ., ,\\"\\' „\,\\....\,,.\•,, , t\\>. -i ..,,. „a, ,; ,: ., ,', \4v�. ,M\. ,�\wx, �\�\': \:,h .<s \, q: \:v�S „w1\,.,-\\T`�`, >. ,),h�\,,..�. ,,\.\��. .. ,,\,N.:�, ,\\,\.,\., \.�,. �... ,.. \\•\�,._�,\.�, F.\\\..\.i ,,.e._ ..\„�\s\\, ,, .. \, .. ,,,\„N"•NNa \\\. \.,, �., }, \.., \\Va„\'4 \ v \ \ . a a \ \ \ \ '\ .\\ �\k. � ,,.\. \ .\.\:,. �`\`\\vt..,.,,,,,.• u \`\N \ \ a '.a� \„ Biosolids, Municipal Sewage Sludge, or P P P P P P P P P P P a� Septage Utilization or Disposal a N Commercial Communication Facilities P P P P D13 D13 D D C13 D C13 Community Sewage & Water Treatment P P P P P P C C P A P Facilities . CommunityWater Storage Tanks g C C C C A A A A P A P P C P Major Utility Developments P P P P P P D C Minor Utility Developments D D D D D D D DColo D D D Recycling Collection Facilities P P P P D D D D P D P Solar Energy Facility P36 P36 P P P P P P P P P Table 4 Allowable Land Uses for Rugal Lands, Special and Overlay Districts, &Resource Lands Zonin Districts- 1,2,3,4,5 Zoning District6 Rural Lands S ecial/Overlay Districts Resource Lands Land Use Con Recreational Vehicle Parks, Short Term P P P C P C P P P Recreational Vehicle Parks, Extended Use P P P P P C P Same as Underlying P P Small Scale Recreation & Tourism D D P D D C P Zone 23 D D Un -named Recreational Uses C C C C C C P C C Airports P P P P P C D Same as Underlying Zone JJ ,,� _•v, v>�,.,,v_• e�.. �ev,� ,..v� y ...v�.�v,,,� �:,....�•t:yv y..���_,•� P P Airfields P C P P P C D C C Airstrips P C P P P C D C C Hangars P C P P P C D C C Helipads P C P P P C D C C Parking Lots, Commercial P P p p p D C P P Parking Structures P P P P P C C P P Public Paths and Trails A A A A A A A A A Public Streets A A A C A A A A A -Transportation Uses D D D P C PA D Un named TT • , • .. ,.._,.v . v..•.. �.. a:. ,. �,,v.._ .�Jv•,.v ., a ._ 2v�� _ v , _ v _.y__ ..vv.. _v._ya,• _, _.�v.. , . v� vva� ,y . •.vvv�J,v...:�. � ��z_, •._._, ..• �v •,vv.,, .�,.,v�vv� �.v �v� ....� .vav_ ,.y�,.,,.v , .t�,htvNTTeacy.v....vy. Adv.. �v sv,..v. yJ�v..�y�vv<��v•� �� �.•�. �s���.,��\.. _��v� C C .•. •.__ �. v,.y,v��,v•• �.,:a w,J,.,.,�, •y vvv.._. v: �. •.., y Biosolids, Municipal Sewage Sludge, or Septage Utilization or Disposal P P P P P P C Same as Underlying Zone 23 C C Commercial Communication Facilities C13 C13 C13 C13 C13 PA D D D Community Sewage & Water Treatment Facilities C P C p p D C p p Community Water Storage Tanks D I D D P D A A D D Major Utility Developments P P C P P C D C C Minor Utility Developments D D D D D D D D D Recycling Collection Facilities C C P P P D D C C Solar Energy Facility p36 C P P P A A C37 C Land Use Table S Allowable Land Uses for Rural Activity. Center Zoning Districts 1,2,3,4,5 Zoning District - Rural Activity Centers cj (j "Om\ Parks, Community D D D P P D C D D D D D C C C P P D Playing Fields D D A D P D C D D D D D C C P P P D Recreational Vehicle Parks, Short Term P P A P P C PC P P P P P C P C P P C Recreational Vehicle Parks, Extended Use P P P P P C P C P P P P P P C P P C Small Scale Recreation & Tourism P P P A P D D D P P P P A D D P P A Un -named Recreational Uses C C C C C C C C C C C C C C C P P C Airports P P P C P P C P P P P P P P D C P Airfields P IA P P C C C C P P P P P P P D C P Airstrips P P P P C C C C P P P P P P P D C P Hangars A29a A29a P P C C P C P P P P P P P D C P Helipads P P P P C C C C P P P P P P C D C P Parking Lots, Commercial P P P C P P P P P P P P A D P D D P Parking Structures P P P C P P P P P P P P A C C D D P Public Paths and Trails A A A A A A A A A A A A A A A A A A Public Streets A A P A A A A A A A A A A A A A A A Un -named Transportation Uses D D P D D D D D D D D D D D D D D D \ Biosolids, Municipal Sewage Sludge, or Septage Utilization or Disposal P P P P P P P P P P P P P P P P P P Commercial Communication Facilities P P P C C C C13 C P P P P D D D D D C Community Sewage & Water Treatment Facilities D D P D D D C D C C C C C P C C C C Community Water Storage Tanks D D P D D D D D D D D D D D D D D D Major Utility Developments P P P P C P C P P P P P P P P D C P Minor Utility Developments D D P D D D D D D D D D D D D D D D Recycling Collection Facilities P P P D D D D C P P P P D C D D D D Solar Ener2v Facilitv P36 P36 p p p P36 P P36 P36 P36 P36 P36 P P P P P P36 New footnote for tables 3, 4, and 5 GCC 23.04 36. Solar Energy Facilities are prohibited in this zone except when proposed as an element of a Planned Unit Development or Master Planned Resort and scaled specifically to serve only that development. A separate conditional use permit shall not be required in these instances, the approval of the Planned Unit Development or amendment to a Planned Unit Development will take the place of the CUP. 37. Solar Energy Facilities maybe allowed in the Agricultural Zone only in instances where the Comprehensive Plan Designation is GMA Ag Dryland or GMA Ag Rangeland. Conversion of GMA Ag Dryland and GMA Ag Rangeland shall be limited to the standards set forth in GCC 23.04.560(e) even when soils are not classified as Prime Farmland soils pursuant to the MRCS Soil Survey. For Reference Only: A — Allowed Use C — Conditional Use D — Discretionary Use P — Prohibited Use 23.08.357 Solar Energy Facility A. Solar Energy Facilities shall not be allowed properties zoned Agriculture with a Comprehensive Plan designation of Irrigated Agriculture. B. Solar Energy Facilities are allowed on properties zoned Agriculture with a Comprehensive Plan designation of Dryland or Rangeland consistent with Table 4 of GCC 23.04. Conversion of dryland and rangeland properties must be consistent with GCC 23.04.560(e) regardless of whether or not the soils are identified as Prime Farmlands pursuant to the NRC S Soil Survey. C. Solar Energy Facilities shall not be allowed on sites or portions of sites with an existing average slope greater than 7 -percent. Each solar energy facility submitted for permit consideration shall include a full topographic survey of the site with 2 -foot contour intervals. The topographic survey shall delineate all portions of the site greater than 7 - percent slope. D. Maximum structure height for the solar array shall be 20 -feet as measured from the highest existing native grade below each panel. E. Setbacks for solar energy facilities shall comply with the standard setbacks of the underlying zoning classification. Additionally, in no case shall any component of a solar energy facility be constructed within 100 -feet of any off-site residence. F. Solar Energy Facilities shall incorporate glare reducing materials. Glare reducing materials shall be maintained over the life of the solar energy facility project. In all instances, no fugitive glare shall be permitted to emit onto adjacent properties and/or rights-of-way. Additional glare analyses may be required when a solar energy facility may have the potential to affect flight paths of military operations. These requests will typically, although not exclusively, be made by the United States Department of Defense. G. Any lighting incorporated into the design of a solar energy facility shall be designed to provide full cutoff shielding and shall not emit off-site glare. H. All solar energy facilities must comply with any applicable critical area standards found in GCC 24.08. Additionally, solar energy facilities that will impact fish and wildlife habitat areas including but not limited to priority habitat areas, must comply with the protection and mitigation requirements found in the Washington Department of Fish and Wildlife Wind Power Guidelines, published in April 2009 or as amended hereafter. 1. In the event a solar energy facility proponent chooses to utilize the fee -in -lieu option offered by the WDFW Wind Power Guidelines, a qualifying entity must be identified as the recipient of the funds. The qualifying recipient must be a bona fide and verifiable conservation organization with a specialization or focus on land and habitat conservation. A binding agreement executed by the solar energy facility proponent and the recipient shall be presented to Grant County Development Services in advance of any land use application hearing demonstrating that the requirements in the WDFW Wind Power Guidelines have been satisfied. 2. WDFW shall provide a written approval of the terms and conditions of the fee -in - lieu agreement prior to any public hearings required for the solar energy facility. I. The applicant for any solar energy facility is required to enter into a Development Agreement with Grant County pursuant to GCC 25.28 concurrently with the land use applications for the solar energy facility. The purpose of the development agreement is to ensure that the decommissioning/reclamation of the site is adequately addressed pursuant to the following: 1. A decommissioning and reclamation plan shall be prepared and submitted with the initial application for a new solar energy facility. 2. Decommissioning/reclamation of a solar energy facility shall be completed within three (3) years of the date that power production is deemed to have ceased or after the facility has ceased to produce power for a period of 12 consecutive months at any time during the life of the facility. 3. All non-utility owned equipment, conduits, structures, fencing, and foundations to a depth of at least three (3) feet below grade shall be removed. 4. All fences, graveled areas and access roads shall be removed unless landowner agreement to retain is presented, in writing, in which the property owner agrees for these elements to remain. 5. The property shall be restored to a condition reasonably similar to its condition prior to development of the solar energy facility. Restoration/reclamation conditions must comply with the Stormwater Management Manual for Eastern Washington in effect at the time of reclamation. 6. The developer or owner of the solar energy facility is responsible for the decommissioning, the development agreement shall transfer to any future operator or owner of the site. 7. Decommissioning/reclamation cost estimates, which shall be updated every five (5) years from the establishment and submittal of the Security, shall include all costs associated with the dismantlement, recycling, and safe disposal of facility components and site reclamation activities, including the following elements: i. All labor, equipment, transportation, and disposal costs associated with the removal of all facility components from the facility site; ii. All costs associated with full reclamation of the facility site, including removal of non-native soils, fences, and constructed access roads; iii. All costs associated with reclamation of any primary agricultural soils at the facility site to ensure each area of direct impact shall be materially similar to the condition it was before construction; iv. All decommissioning/reclamation activity management, site supervision, site safety costs; v. Any other costs, including administrative costs, associated with the decommissioning and reclamation of the facility site; and vi. The estimated date of submission of the Security to Grant County. 8. Prior to issuance of any grading or building permits, an irrevocable standby letter of credit, bond, or alternate form of Security in an amount sufficient to fund the estimated decommissioning/reclamation costs required by this Code. The Security shall: i. Name the Board of County Commissioners of Grant County as the sole beneficiary of the letter of credit; ii. Be issued by an A -rated financial institution based upon a rating provided by S&P, Moody's, Fitch, AM Best, or other rating agency with similar credentials. iii. Include an automatic extension provision or "evergreen clause"; and iv. Be "bankruptcy remote," meaning the Security will be unaffected by the bankruptcy of the solar energy facility operator. v. Grant County, in its sole discretion, may approve alternative forms of Security such as, but not limited to: bonds, letters of credit, or other securities, if it finds that such alternative forms will provide an assurance of the availability of financial resources for decommissioning/reclamation that equals or exceeds that provided by the form required herein. vi. Grant County, at its sole discretion, may also approve modified terms and timing of the bond amounts based on the lifecycle stage of the solar energy facilit . 9. The developer or owner of the solar energy facility will include in the Development Agreement the plan for disposal of any damaged or decommissioned components. Various Solar Energy Facility coMponents are considered a form of toxic, hazardous electronic of "e -waste," therefore disposal of solar energy facility components will not be acceptable within Grant County. J. Damaged and Repair: Any Solar Energy Facility that is damaged by the elements or vandalism shall be required to submit applicable building permit applications (if any required) within one year of the date the damage was first observed. Damage and repair do not qualify as decommissioned or abandoned unless the duration of the cessation of power production meets the requirements of GCC 23.08.357(H) above. 23.08.420 Utility Developments, Minor (a) Minor Utility Developments: Minor utility developments include utility developments designed to serve a small local community, are not manned and would be considered normal utility services for the area, including but not limited to: (1) Electrical generating facilities less than ten (10) megawatts in output (excluding solar energy facilities —See GCC 23.08.357); (1) Electrical substations; (2) Water and sewer pipelines; (3) Pipelines for petroleum or petroleum products with an inside diameter less than six (6) inches or less than five (5) miles in length; (4) Pipelines for natural gas, synthetic natural gas, or liquid propane gas with an inside diameter less than twelve (12) inches or less than five (5) miles in length; (5) Refineries with capacity less than twenty-five thousand (25,000) barrels per day; (6) .Liquid natural gas ports less than 100x106 standard cubic feet per day; (7) Petroleum and liquid propane gas ports less than 50x103 barrels per day; and (8) Underground gas storage facilities with capacity less than 100x106 standard cubic feet per day. (2) The following standards apply to all minor utility developments: (1) Utility developments shall comply with the goals and policies of the Comprehensive Plan and the requirements of the Shoreline Master Program; (2) Environmental impacts resulting from installation or maintenance of utilities and utility facilities shall be avoided or minimized. Where no feasible alternative to the impact exists, and mitigation is not feasible, appropriate compensating measures should be developed; (3) Utilities and transportation facilities shall be installed in the same rights-of-way when the effect will be to reduce the adverse impacts on the physical environment; (4) Extension of community sewerage system lines outside of activity centers shall be allowed only if: (A) The extension is demonstrated to be necessary to remedy existing or potential groundwater contamination problems or to correct existing or impending health hazards, as determined by the County Health Official; or (B) The extension is to provide sewage collection and treatment service to a public elementary or secondary school; and (5) Routine maintenance and replacement of wired utility transmission and distribution lines and poles within existing rights-of-way, where critical areas are not present and where exempt from SEPA and Shoreline Master Program review, are authorized without further permit application and development approval, provide that such construction and activities shall comply with applicable performance and development standards of GCC § 23.08 and § 23.12, respectively. 23.08.430 Utility Developments, Major (a) Major Utility Developments: Major utility developments include utility developments designed to serve a broader community or regional area, or are manned, including but not limited to: (1) Electrical generating facilities greater than ten (10) megawatts in output (excluding solar energy facilities —See GCC 23.08.357); (2) Pipelines for petroleum or petroleum products with an inside diameter of six (6) inches or greater and exceeding five (5) miles in length; (3) Pipelines for natural gas, synthetic natural gas, or liquid propane gas with an inside diameter of twelve (12) inches or greater and exceeding live (5) miles in length; (4) Refineries with capacity exceeding twenty-five thousand (25,000) barrels per day; (5) Liquid natural gas ports exceeding 100x106 standard cubic feet per day; (6) Petroleum and liquid propane gas ports exceeding 50x103 barrels per day; (7) Underground gas storage facilities with capacity exceeding 100x106 standard cubic feet per day; and (8) Other similar utility or energy facilities not meeting the definition of a minor utility development. (2) The following standards apply to all major utility developments: (1) The need .for the particular location proposed shall be demonstrated by the applicant to the satisfaction of the Decision Maker, including a full accounting of alternative locations and sites; (2) The physical and economic impacts of such facilities shall be evaluated, and measures to mitigate these impacts provided and implemented; (3) Development shall comply with all Federal Energy Regulatory Commission (FERC) and EFSEC requirements; and (4) Development shall comply with the requirements of Section 23.08.230, Industrial Uses — Standards for Site Development. Solar Energy Facility: a commercial or utility scale facility whose primary purpose is to convert solar energy into usable electrical energy to supply electricity to the electrical grid. Solar energy facilities consist of one or more solar arrays and other accessory structures, equipment, including substations, switchyards, battery storage, electrical infrastructure, generators, transmission lines, communications infrastructure, and other appurtenant structures and/or facilities. This definition shall not include roof or ground mounted accessory solar panels associated with a principally permitted structure or use and located on the same parcel as the principally permitted structure or use in any zone and designed to primarily serve that structure or use. Sole Source Aquifer: an area so designated by the Environmental Protection Agency pursuant to the Federal Safe Drinking Water Act. Solid Waste: all putrescible and non-putrescible solid and semi-solid waste, except wastes identified in WAC 173-304-015, including garbage, ashes and sludge, industrial wastes, swill, demolition and construction wastes, and any other discarded commodities, but excluding agricultural wastes and crop residues returned to the soil at agronomic rates. This includes all liquid, solid and semi-solid materials that are not the primary products of public, private, industrial, commercial, mining and agricultural operations. Solid waste includes sludge from wastewater treatment plants and septage from septic tanks, woodwaste, dangerous waste, and problem wastes. Unrecovered residues from recycling operations shall be considered solid waste. Solid Waste Disposal: the act or process of disposing of rubbish and garbage. Solid Waste Handling and Disposal Facility: a transfer station or landfill designed to handle and/or dispose of solid waste. Solid Waste Landfill: a facility designed to properly accept and dispose of solid waste, and holding a valid solid waste permit issued by the Grant County Health Department. Solid. Waste Transfer Station: a fixed, supplemental collection and transportation facility, used by persons and route collection vehicles to deposit collected solid waste from off-site into a larger transfer vehicle for transport to a solid waste disposal site. Sound: an oscillation in pressure, particle displacement, particle velocity, or other physical parameter in a medium with internal forces that causes compression and rarefaction of that medium, including any characteristics of sound, such as, duration, intensity, and frequency. Source of Contamination: a facility or disposal or storage site for material that impairs the quality of ground water to a degree that creates a potential hazard to the environment, public health, or interferes with a beneficial use. Special Flood Hazard Area: an area subject to a Base Flood. Species of Local Importance: those species that may not be endangered, threatened or sensitive from a statewide perspective, but are of local concern due to their population status, sensitivity to habitat manipulation, or other educational, cultural or historic attributes. Standards, Groundwater: standards established by EPA regulations and/or State of Washington regulations, which are represented by health -based numbers such as the maximum contaminant levels (MCL). State: the State of Washington. State Endangered Species: a species native to the state of Washington which is in danger of extinction throughout all or a significant portion of its range, as classified by the Washington Department of Fish and Wildlife, WAC 232-12-014 and the Washington Department of Natural Resources, Washington Natural Heritage Plan.