Untitled

PIERCE COUNTY DEPARTMENT OF PUBLIC WORKS & UTILITIES
Solid Waste Division
9850 64th Street West
University Place, WA 98467-1078
(253) 798-2179

April 28, 2006

M E M O R A N D U M

To: Pierce County Planning Commission

From: Steve Wamback, Solid Waste Administrator
Department of Public Works and Utilities

Subject: Resolving Inconsistencies in the Graham Community Plan

The County Executive and County Council have referred the Graham Community Plan and implementing Development Regulations back to the Planning Commission to resolve inconsistencies in how the plan addresses essential public facilities and, in particular, solid waste handling and disposal facilities. As currently proposed, the Graham Community Plan does not consider solid waste handling facilities in a way that would meet the requirements of the Growth Management Act. If the plan is adopted as proposed, it may not be legally defensible if challenged on this matter.

Returning the Plan to the Planning Commission will allow the Commission, the community, and impacted County departments to work out a solution with, and in, the Graham community. As the County's Solid Waste Administrator, I look forward to working with the Planning Commission in May to review the relevant issues.

Background
The Solid Waste Division (Division) of the Pierce County Department of Public Works and Utilities is responsible for the development and administration of comprehensive solid waste management policy for Pierce County and its cities and towns. In this role, the Division authors the local comprehensive solid waste management plan required by Chapter 70.95 RCW as well as an annual Capital Facilities update (Pierce County Code 19E.50.160). Both of these documents are reviewed by the Planning Commission prior to final approval by the Pierce County Council.

In addition, the Solid Waste Division is authorized by the County Executive and County Council to procure solid waste disposal services, and through that effort administers the Pierce County - LRI Waste Handling Agreement through which LRI provides solid waste handling and disposal services to waste generators in unincorporated Pierce County and twenty-one of the County's twenty-three cities and towns. As part of that agreement, LRI makes significant capacity available for County disposal purposes at its landfill located at 304th and Meridian, reducing the need for more costly out-of-county waste transportation and disposal.

It is without question that the siting and permitting of that privately-owned and operated landfill was one of the most controversial land use projects in this County in the past two decades. The 1995 hearings before the County Hearing Examiner likely set records for the length of testimony, SEPA analysis, and number of conditions placed on a permitted land use. In March, the Tacoma-Pierce County Health Department re-issued a solid waste handling permit to the landfill, allowing the facility to accept waste through 2016.

The landfill is legally-permitted with both a solid waste handling permit and a conditional use permit. More than that, its status as an important environmental management tool benefiting Pierce County residents and businesses - an essential public facility - is recognized throughout the body of adopted Pierce County comprehensive planning documents:
· Tacoma-Pierce County Solid Waste Management Plan (pages 8-11 through 8-19)
· Pierce County Code 19.80.080 - Comprehensive Plan Utilities Element (pages 19.80 - 62 through 19.80 - 65)
· Pierce County Code 19E.50.160 - Capital Facilities - Six Year Financing Plan (pages 19E.50 - 112 through 19.E.50 - 116)

Further, the landfill and its use are supported by, and fulfill, Pierce County Code 19A.90.060 - Comprehensive Plan Utilities Element Objectives (pages 19A.90 - 7 through 19A.90 - 8)

The text of the Graham Community Plan, as drafted, acknowledges the existence of the LRI Landfill. The Plan, however, does not map the landfill. Proposed land use designations and zoning could put the landfill's Conditional Use Permit into non-conforming status. If not amended, the Graham Community Plan would impede the Division's ability to comply with Pierce County Code 19.80.080.A.1.c, the "need to identify which solid waste facility sites are essential public facilities and plan for those sites to be long-term solid waste facility sites unlikely to convert to other uses."

It is to prevent this type of conflict that the County adopted objectives concerning community plans (Pierce County Code Chapter 19A.110.040, Objective 4) and consistency requirements (Pierce County Code Chapter 19.90.050D).

Further, in previous testimony, the Division noted a significant internal contradiction within the Graham Community Plan as it impacts solid waste facilities. The Solid Waste Objectives, Principles, and Standards (pg 218 ff) section identifies standards in which landfills might be allowed in Graham. Objective 11, Principle 10 (pg. 78), however, prohibits landfills, as do the proposed designation and zoning tables. While the Solid Waste Division staff had been provided ample opportunity to comment and propose changes to the Solid Waste Objectives, Principles, and Standards, the Division had been unaware of the language in Objective 11 and the changes to the designation and zoning tables until the Draft Plan was released to the public in January 2006.

Alternatives
The Division provided written comments to the Planning Commission on February 15, 2006 and oral testimony on March 1, 2006. During the course of the March 1 testimony, the Planning Commission asked the Division to consider and propose additional options to resolve the apparent inconsistencies. The Division presented three options to the Planning Commission a week later, on March 8, 2006.

With this memorandum, the Division resubmits for the Planning Commission's consideration the three options for resolving the inconsistencies. The Division's Recommended Alternatives package is attached on blue paper. Alternative A: Transfer Station and Accessory Use Alternative is on lime green paper. Alternative B: Modified Status-Quo Alternative is on lemon yellow paper. The Division has also prepared a new chart which compares the net effect of the changes proposed under each alternative on current and future solid waste facilities. This is attached on pink paper.

Changes Common To All Three Alternatives
All three proposed alternatives would result in the following changes (please see the attachments for the exact text present in proper "planning terminology"): 1. The LRI landfill will be mapped as a landfill on the "Existing Land Use Map" in the Land Use Element of the Draft Plan. In the current draft, the LRI Landfill is mapped as open space/recreation. This action will properly acknowledge the presence of the LRI Landfill.

2. Conditional Use Permit CP8-89 and the SEPA Analysis performed on the LRI Landfill will be incorporated into the Graham Community Plan by reference. This action will recognize the lengthy record of analysis and conditions placed on the facility.

3. Designate and zone all parcels covered by the 1996 CUP as Rural 10. The current draft assigns three different designations and zoning to commonly-owned parcels within the approved landfill property boundaries. This action will treat similarly used contiguous parcels in common.

4. New solid waste disposal facilities would be prohibited within the Graham community. The current draft prohibits all landfills, including the existing facility. This is one of the major sources of planning inconsistency.

Unique Features of the Division's Recommended Alternative
The Division's recommended alternative proposes the creation of an Essential Public Facility - Municipal Solid Waste Landfill Overlay (EPF - MSWLO) that would be applied to the LRI Landfill site. Changes to the Development Regulations text and Zoning table would allow a "Level 6" landfill with either a Conditional Use Permit or Public Facility Permit in the Rural 10 zone. A "Level 6" landfill is restricted to the EPF - MSWLO. Future uses at the site would be restricted by what is currently allowed in the facility's current Conditional Use Permit and SEPA analysis.

Unique Features of the Division's Alternative A
Alternative A is more expansive than the Recommended Alternative in terms of future uses for the landfill property. Like the Recommended Alternative, this option proposes the creation of the same overlay that would be applied to the LRI Landfill site. Changes to the Development Regulations text and Zoning table would allow a "Level 6" landfill or a "Level 5" Transfer Facility with either a Conditional Use Permit or Public Facility Permit in the Rural 10 zone. (Either permit approach requires a public hearing.) Both the "Level 6" landfill and the "Level 5" Transfer Facility are restricted to the EPF - MSWLO. Further, the Transfer Facility would have to be "located in conjunction with" the landfill. A change to the accessory use list would allow the siting of landfill gas extraction and recovery facilities for energy conservation purposes. This would allow the owner of the LRI Landfill to build a facility to recover and reuse the methane gas produced by decomposing waste.

Unique Features of the Division's Alternative B
Alternative B takes a different approach. Rather than creating an overlay, Alternative B proposes that the current use designation, a "Level 5" landfill, be allowed within the Rural 10 zone with a Conditional Use Permit or a Public Facility Permit. Future uses at the site would be restricted by what is currently allowed in the facility's current Conditional Use Permit and SEPA analysis. Prohibition on new facilities would be covered through Principle 10 (page 78). With these changes, the Graham Community Plan would be consistent with how the Upper Nisqually Plan and existing county-wide zoning handles MSW landfills.

Prior Communications on these Topics
At the March 1 hearing, the Planning Commission asked the Division to share the record of its earlier communications on the Graham Community Plan. Throughout the planning process, the Division viewed its appropriate role as assisting the Department of Planning and Land Services (PALS), the lead agency for community outreach and document preparation. Our review of Division files found more than 200 pages of documents from PALS or CPB members and documents sent in reply to PALS, dating back to December 2002. Our review also showed that Division comment was solicited primarily in the areas of general "background" and for the Facilities and Services Policy section. In fulfillment of the prior request, the Division prepared and delivered a fifty-page packet of relevant documents to the Planning Commission on March 8, 2006.

At the request of Commission staff, the Division is resubmitting that packet which contains the following sample documents:
· August 16, 2005 comment letter and follow-up to May 19, 2005 CPB meeting
· June 20, 2005 information packet which includes earlier e-mail exchanges
· May 12, 2005 comment memorandum
· December 1, 2004 background and proposed draft language for inclusion in plan
· December 18, 2002 comment memorandum

Please contact me at (253) 798-4656 should you have any questions about this memorandum or the attached documents or require any additional information from the Solid Waste Division.

Recommended Alternatives Package
The Solid Waste Division recommends that the Graham Community Plan be amended by adoption of Recommendations SW-R-1 through SW-R-8, inclusive.

SW-R-1: Recognize the LRI Landfill on the Existing Land Use Map in the Land Use Element of the Draft Plan as a landfill, not as open space/recreation

SW-R-2: Amend the Land Use Element Policies, Objective 11, Principle 10 on Page 78 as follows:

Principle 10. Prohibit new waste disposal facilities in all designations.

SW-R-3: Amend the Development Regulations, Pierce County Code 18A.33.160 to create an Essential Public Facility - Municipal Solid Waste Landfill Overlay, as follows:

18A.33.160 Overlays
H. Essential Public Facility - Municipal Solid Waste Landfill Overlay. The Essential Public Facility - Municipal Solid Waste Landfill Overlay (EPF - MSWLO) applies to a Municipal Solid Waste landfill possessing "Conditional Use Permit CP8-89, 304th and Meridian Street Landfill (LRI) / AE9-95/AE10-95", located to the southeast of the corner of 304th and Meridian Streets East. Facilities and uses are limited to those allowed in the Conditional Use Permit granted to the facility.

SW-R-4: Amend the Development Regulations, Pierce County Code 18A.33.230 to define a specific type of land use to be allowed within an Essential Public Facility - Municipal Solid Waste Landfill Overlay, as follows:

18A. 33.230 Utilities Use Category - Description of Use Categories J. Waste Disposal Facilities.
Level 6: Municipal Solid Waste (MSW) landfill located within an Essential Public Facility - Municipal Solid Waste Landfill Overlay area.

SW-R-5: Designate and zone the LRI Landfill properties consistently as Rural 10 on the Land Use Designation and Zoning maps.

SW-R-6: Identify the LRI Landfill on the Land Use Designation and Zoning maps with an Essential Public Facility - Municipal Solid Waste Landfill Overlay

SW-R-7: Amend the zone classification chart in Pierce County Code 18A.24.020, that identifies allowed uses and permit requirements on a zone-by-zone basis, to allow a Waste Disposal Facility Level 6 within the Rural 10 zone, as shown below:

Page 11, Development Regulations - Zoning, Table 18A.24.020:
Use Categories AndUse Types GRAHAMRural Zone Classifications (Table 18A. 24.020)
Rural Residential
R10 Rural 10 RF Rural FarmR20 Rural 20RSR
Rural Sensitive Reserve R10 R20 RSR RF [Reserved] [Reserved]
UTILITIES USE CATEGORY Electrical Facilities P P P P
Electrical Generation Facilities
Natural Gas Facilities P1,2;C3,4 P1,2;C3,4 P1;C3 P1;C3
Organic Waste Processing Facilities C1,2;PFP1,2 C1,2;PFP1,2 C1,2;PFP1,2
Pipelines C C C C
Sewage Collection Facilities P* P* P* P*
Sewage Treatment Facilities
Storm water Facilities P P P P
Telecommunication Towers or Wireless Facilities P1;PL2,3;C4 P1,PL2,3;C4 P1;PL2,3;C4
P1;PL2,3;C4
Waste Disposal Facilities C6, PFP6
Waste Transfer Facilities
Water Supply Facilities P1;C2;PFP2 P1;C2;PFP2 P1;C2;PFP2 C1,2;PFP1,2
Utility or Public Maintenance Facilities P1;C2,3;PFP2,3 P1;C2,3;PFP2,3 P1 P1;C2;PFP2
OTHER RURAL ZONE CLASSIFICATIONSNFCC New Fully Contained Community, see 18A.33.150.D.AIR Airport Overlay, see 18A.33.160 C., and 18A.33.180MRO Mineral Resource Overlay, see 18A.33.160 D.RAO Rural Airport Overlay, see 18A.33.160 E.EPF - MSWLO Essential Public Facility - Municipal Solid Waste Landfill Overlay, see 18A.33.160 H. NOTESP PermittedP* Permitted only as allowed by PCC 19A.20.010 B.C Requires Conditional Use Permit.A Requires administrative review.PFP Requires Public Facility PermitNumber Refers to level of Use Type allowed, see Sections 18A.33.200-18A.33.280. When no number is present, all levels of the Use Type are allowed.PUD Individual uses described in each cell are permitted as shown on the Tacoma Narrows Airport PUD Boundaries Map

SW-R-8: Incorporate into the Graham Community Plan, by reference, the SEPA Analysis performed on the LRI Landfill and

Conditional Use Permit CP8-89, 304th and Meridian Street Landfill (LRI) / AE9-95/AE10-95.

Alternative A: Transfer Station and Accessory Use Alternative
This package would expand allowable uses within the Essential Public Facility - Municipal Solid Waste Landfill Overlay to include a solid waste transfer station, other intermediate solid waste handling facility, or additional accessory uses.

SW-A-1 Recognize the LRI Landfill on the Existing Land Use Map in the Land Use Element of the Draft Plan as a landfill, not as open space/recreation

SW-A-2 Amend the Land Use Element Policies, Objective 11, Principle 10 on Page 78 as follows:
Principle 10. Prohibit new waste disposal facilities in all designations.

Principle 11
Standard 11.11.3 Prohibit all other types of waste transfer facilities in the plan area. Allow intermediate solid waste handling facilities through a Conditional Use Permit process or a Public Facility Permit process in areas designated within an Essential Public Facility Solid Waste Landfill Overlay.

SW-A-3: Amend the Development Regulations, Pierce County Code 18A.33.160 to create an Essential Public Facility - Municipal Solid Waste Landfill Overlay, as follows:

SW-A-4: Amend the Development Regulations, Pierce County Code 18A.33.230 to define specific types of land use to be allowed within an Essential Public Facility - Municipal Solid Waste Landfill Overlay, as follows:

18A. 33.230 Utilities Use Category - Description of Use Categories
J. Waste Disposal Facilities.
Level 6: Municipal Solid Waste (MSW) landfill located within an Essential Public Facility - Municipal Solid Waste Landfill Overlay area.

K. Waste Transfer Facilities
Level 5: Intermediate solid waste handling facilities, such as material recovery recycling facilities or transfer stations, located in conjunction with an MSW landfill within an essential public facility solid waste facility overlay area.

SW-A-5: Designate and zone the LRI Landfill properties consistently as Rural 10 on the Land Use Designation and Zoning maps.

SW-A-6: Identify the LRI Landfill on the Land Use Designation and Zoning maps with an Essential Public Facility - Municipal Solid Waste Landfill Overlay

SW-A-7: Amend the zone classification chart in Pierce County Code 18A.24.020, that identifies allowed uses and permit requirements on a zone-by-zone basis, to allow a Waste Disposal Facility Level 6 and Waste Transfer Facility Level 5 within the Rural 10 zone, as shown:
Page 11, Development Regulations - Zoning, Table 18A.24.020:
Use Categories AndUse Types GRAHAMRural Zone Classifications (Table 18A. 24.020)
Rural Residential
R10 Rural 10
RF Rural FarmR20 Rural
20RSR Rural Sensitive Reserve
R10 R20 RSR RF [Reserved] [Reserved]
UTILITIES USE CATEGORY
Electrical Facilities P P P P Electrical Generation Facilities Natural Gas Facilities P1,2;C3,4 P1,2;C3,4 P1;C3 P1;C3 Organic Waste Processing Facilities C1,2;PFP1,2 C1,2;PFP1,2 C1,2;PFP1,2 Pipelines C C C C Sewage Collection Facilities P* P* P* P* Sewage Treatment Facilities Storm water Facilities P P P P Telecommunication Towers or Wireless Facilities P1;PL2,3;C4 P1,PL2,3;C4 P1;PL2,3;C4 P1;PL2,3;C4 Waste Disposal Facilities C6, PFP6 Waste Transfer Facilities C5, PFP5 Water Supply Facilities P1;C2;PFP2 P1;C2;PFP2 P1;C2;PFP2 C1,2;PFP1,2 Utility or Public Maintenance Facilities P1;C2,3;PFP2,3 P1;C2,3;PFP2,3 P1 P1;C2;PFP2 OTHER RURAL ZONE CLASSIFICATIONSNFCC New Fully Contained Community, see 18A.33.150.D.AIR Airport Overlay, see 18A.33.160 C., and 18A.33.180MRO Mineral Resource Overlay, see 18A.33.160 D.RAO Rural Airport Overlay, see 18A.33.160 E.EPF - MSWLO Essential Public Facility - Municipal Solid Waste Landfill Overlay, see 18A.33.160 H. NOTESP PermittedP* Permitted only as allowed by PCC 19A.20.010 B.C Requires Conditional Use Permit.A Requires administrative review.PFP Requires Public Facility PermitNumber Refers to level of Use Type allowed, see Sections 18A.33.200-18A.33.280. When no number is present, all levels of the Use Type are allowed.PUD Individual uses described in each cell are permitted as shown on the Tacoma Narrows Airport PUD Boundaries Map SW-A-8: Amend the Development Regulations, Pierce County Code 18A.33.300 to allow additional accessory uses at Essential Public Facilities E. Accessory Use List 4. Essential Public Facilities b. Landfill gas extraction and methane recovery and utilization facilities for energy conservation purposes. SW-A-9: Incorporate into the Graham Community Plan, by reference, the SEPA Analysis performed on the LRI Landfill and Conditional Use Permit CP8-89, 304th and Meridian Street Landfill (LRI) / AE9-95/AE10-95. Alternative B: Modified Status-Quo Alternative This package of alternatives would not expand allowable uses and would not create an Essential Public Facility - Solid Waste Landfill Overlay. Prohibition on new facilities would be covered through Principle 10. With these changes, the Graham Community Plan would be consistent with how the Upper Nisqually Plan and existing county-wide zoning handles MSW landfills. SW-B-1: Recognize the LRI Landfill on the Existing Land Use Map in the Land Use Element of the Draft Plan as a landfill, not as open space/recreation SW-B-2: Amend the Land Use Element Policies, Objective 11, Principle 10 on Page 78 as follows: Principle 10. Prohibit new waste disposal facilities in all designations. SW-B-3: Designate and zone the LRI Landfill properties consistently as Rural 10 on the Land Use Designation and Zoning maps. SW-B-4: Incorporate into the Graham Community Plan, by reference, the SEPA Analysis performed on the LRI Landfill and Conditional Use Permit CP8-89, 304th and Meridian Street Landfill (LRI) / AE9-95/AE10-95. SW-B-5: Amend the zone classification chart in Pierce County Code 18A.24.020, that identifies allowed uses and permit requirements on a zone-by-zone basis, to allow a Waste Disposal Facility Level 5 (which requires a conditional use permit) within the Rural 10 zone, as shown on the next page: Page 11, Development Regulations - Zoning, Table 18A.24.020: Use Categories AndUse Types GRAHAMRural Zone Classifications (Table 18A. 24.020) Rural Residential R10 Rural 10 RF Rural FarmR20 Rural 20RSR Rural Sensitive Reserve R10 R20 RSR RF [Reserved] [Reserved] UTILITIES USE CATEGORY Electrical Facilities P P P P Electrical Generation Facilities Natural Gas Facilities P1,2;C3,4 P1,2;C3,4 P1;C3 P1;C3 Organic Waste Processing Facilities C1,2;PFP1,2 C1,2;PFP1,2 C1,2;PFP1,2 Pipelines C C C C Sewage Collection Facilities P* P* P* P* Sewage Treatment Facilities Storm water Facilities P P P P Telecommunication Towers or Wireless Facilities P1;PL2,3;C4 P1,PL2,3;C4 P1;PL2,3;C4 P1;PL2,3;C4 Waste Disposal Facilities C5;PFP5 Waste Transfer Facilities Water Supply Facilities P1;C2;PFP2 P1;C2;PFP2 P1;C2;PFP2 C1,2;PFP1,2 Utility or Public Maintenance Facilities P1;C2,3;PFP2,3 P1;C2,3;PFP2,3 P1 P1;C2;PFP2 OTHER RURAL ZONE CLASSIFICATIONSNFCC New Fully Contained Community, see 18A.33.150.D.AIR Airport Overlay, see 18A.33.160 C., and 18A.33.180MRO Mineral Resource Overlay, see 18A.33.160 D.RAO Rural Airport Overlay, see 18A.33.160 E. NOTESP PermittedP* Permitted only as allowed by PCC 19A.20.010 B.C Requires Conditional Use Permit.A Requires administrative review.PFP Requires Public Facility PermitNumber Refers to level of Use Type allowed, see Sections 18A.33.200-18A.33.280. When no number is present, all levels of the Use Type are allowed.PUD Individual uses described in each cell are permitted as shown on the Tacoma Narrows Airport PUD Boundaries Map