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HomeMy WebLinkAbout032618_ra02JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST To: Board of County Commissioners (BoCC) and Planning Commission Philip Morley, County Administrator FROM: Patty Charnas, Director Department of Community Development (DCD) DATE: March 26, 2018 SUBJECT: Critical Areas Update — Recommendation to Extend Adoption Date STATEMENT OF ISSUE: The Department of Community Development (DCD) recommends taking additional time to develop a proposal for updating the County's Critical Areas Ordinance (CAO). Updating the CAO is required by the state's Growth Management Act. An extension past the June 30, 2018 deadline would allow the Department to continue its work with the agricultural community and other members of the public to consider how the CAO can achieve protection of critical areas in balance with the other goals of the Growth Management Act, most notably, such as maintaining and enhancing agricultural, timber and fisheries industries; economic development; and others. DCD requests that the Board of County Commissioners consider passing a motion now to concur with continuing work on the CAO beyond June 30, 2018, to allow DCD to develop a refined CAO proposal; and that the Board direct DCD to develop and present to the Board a new schedule for further engagement with the agricultural community and others, and for making refinements to the CAO prior to finalizing a draft for public hearings that would be held by the Planning Commission and BoCC. ANALYSIS/STRATEGIC GOALS/PROS and CONS: During informal discussions between DCD and Commissioners at recent BoCC meetings, Commissioners have encouraged the Department to consider additional community dialogue in order to address community concerns, especially as relates to agriculture. The Board asked DCD to return with its recommendations for continuing its work to refine the CAO. DCD recommends delaying adoption of the updated CAO for several important reasons, including: • To provide additional time for community outreach and further dialog with stakeholder groups • To continue to review and analyze feedback received to date and potentially revise current draft language To allow DCD to continue interacting with state resource agencies as it pertains to including best available science in CAO updates To allow the Comprehensive Plan and the minor updates to Unified Development Code to proceed as planned and as currently scheduled • To address public concerns regarding adequate time and opportunities to review and comment on the substance of the Comprehensive Plan and reserve time and opportunity on CAO public process to a future time A delay in updating the CAO would cause the County to be technically incomplete with respect to its state -mandated due date. There are selected state grant, fund and loan programs that contain an award criterion on being GMA-compliant. At the time of this writing, DCD is gathering more specific information regarding what, if any, county programs, could be negatively impacted such as public works, emergency management, and public health departments. In addition, delaying approval of the CAO may result in DCD having to prepare separate documents for review under the state environmental policy act (SEPA) rather than along with the current set of documents that DCD is preparing with consultant assistance. FISCAL IMPACT/COST-BENEFIT ANALYSIS: Staff work during regular work hours on the CAO beyond June 30 is already budgeted, but this work could require additional overtime expenditures and professional services, yet to be determined. While not meeting the June 30 deadline does not affect the County's eligibility to apply for state funding, a long delay could affect subsequent awards. DCD is working with Public Works, Public Health and Emergency Management to better define the timing of state funding award cycles. RECOMMENDATION: DCD recommends that the Board of County Commissioners consider passing a motion allowing continuing work on the CAO beyond June 30, 2018, so that DCD can develop a refined CAO proposal; and that the Board direct DCD to develop and present to the Board a new schedule for further engagement with the agricultural community and others, and for making refinements to the CAO prior to finalizing a draft for public hearings that would be held by the Planning Commission and BoCC. REVIEWED BY: Philip Mor4e, County Administrator Date