Short line rail phase II: What will the county allow?

Posted

Rick Bannan

rick@thereflector.com

Clark County is moving along with its implementation of a new state law allowing for freight rail-dependent industry along the Chelatchie Prairie Railroad with code changes and a use list targeted to be complete by the end of the year.

The Board of Clark County Councilors met with officials from Clark County Community Planning in a Feb. 7 work session to begin the second phase of implementation of ESB 5517, a bill passed in the state Legislature in 2017 allowing for development along short line railroads. 

Beginning in October, the county approved the first phase of implementation which included changes to its Comprehensive Growth Management Plan and the creation of an overlay map including properties that the county felt would be prime candidates for freight rail-dependent uses. The overlay map includes properties adjacent to the railroad roughly bounded by Northeast 149th and Northeast 119th streets to the west of state Route 503, while the comprehensive plan changes put the state law’s language into the county’s plan.

Chief among the discussion included the revamp of an advisory committee to oversee the development of the second phase of the process — changing county code and developing a list of allowable uses for industry in the overlay area.

Clark County Community Planner Jose Alvarez said the current committee — in this case a subcommittee of the county Railroad Advisory Board — consists of members representing the Columbia River Economic Development Council, Battle Ground, a commercial and industrial Realtor, the Portland Vancouver Junction Railroad, the Port of Vancouver and unaffiliated Railroad Advisory Board members.

Through recommendations provided to the Council it was determined a new committee needed to be created, one that would include the old subcommittee members plus others identified as stakeholders in the development.

The Council agreed to the addition of representation from the Clark-Cowlitz County Farm Bureau, the Brush Prairie Neighborhood Association and the Clark County Parks Advisory Board, though Councilor Eileen Quiring questioned the parks board’s addition. Fellow Councilor Jeanne Stewart said the possibility of trails along the rail line had been considered in county planning discussions.

The one addition to the new committee that was recommended but not approved by the councilors was Friends of Clark County, a local conservation group that has voiced concerns about the implementation of the new law. Councilor John Blom cited prior litigation the group has had against the county for changes in its Comprehensive Growth Management Act as a reason for not including them in the committee.



“I think inviting them into the huddle when we know they are likely to sue us at the end of all this, that just makes me a little bit nervous,” Blom said. “Not that we don’t want their input, but I think through the rest of the public comment process is the more appropriate way to hear their concerns.”

That public comment process will also be updated to include the new committee, as the councilors will adopt a reworked public participation plan in a subsequent meeting. Councilor Julie Olson said they needed to get “as much input as we can” but said it doesn’t mean having a packed committee.

“I want to make sure that everybody’s heard, but they don’t have to always have the same seat,” Olson said.

Stewart also requested that the Neighborhood Associations of Clark County be involved with the public comment period in order to cover any other residences outside of the Brush Prairie neighborhood that might be affected, something she likened as “preventative medicine” to avoid anyone getting left out of the process, causing procedural problems down the line.

Councilors also deliberated over what types of industry would be allowed in the overlay which would be reflected in the creation of a use list. Alvarez said one goal is whatever the uses were would “not preclude agricultural activity.”

Alvarez said a list had been provided by Portland Vancouver Junction Railroad President Eric Temple of current freight rail uses in the county as an example for the use list. The largest type of use was in bulk commodities which made up 91 percent of freight rail activities. That included commodities such as grain, fertilizers and food products, but due to language in ESB 5517, crude oil would not be allowed.

The Council indicated it wanted to stay away from any oil freight used for energy, going beyond just crude oil, though they were more permissive regarding more benign oils such as those used for food. The Council also raised concerns about chemical transportation. Stewart said that apart from the environmental impacts of having chemicals transported along the railroad, given the proximity of residents to the line, the county also had to worry about liability as the owners of the railroad. 

Community Planning staff will return to the Council with an updated Public Participation Plan to rework the advisory committee before moving forward with committee meetings that would take into consideration the Council’s own recommendations. Community Planning staff hoped to have the code changes and a use list on the books by the end of 2018.