HomeMy WebLinkAbout11 0822 94BEFORE THE BOARD OF COUNTY COYUMISSIONERS
IN AND FOR THE COUNTY OF JEFFERSON
IN THE MATTER OF )
An Ordinance amending the ) ORDINANCE NO. 11-0822-94
Jefferson County Interior )
Critical Areas Ordinance, )
No. 05-0509-94, adding )
a sunset provision thereto. )
FINDINGS
The Jefferson County Board of County Commissioners enter the
following findings:
1. On May 9, 1994, the Jefferson County Board of County
Commissioners ("BOCCI') adopted Ordinance No. 05-0509-94 ("CAO
Ordinance") pursuant to the requirements of RCW 36.70A.060.
2. A Notice of Adoption was published pursuant to RCW
36.70A.290(2) on June 1, 1994.
3. On July 29, 1994, the City of Port Townsend and Shine
Community Council filed appeals to the Western Washington Growth
Management Hearings Board ("WWGMHB") of the CAO Ordinance. These
appeals were subsequently consolidated by the Board under Cause No.
94-2-0012.
4. The parties to the CAO Appeal wish to settle the matter
and by stipulation they have committed to specific actions.
5. The County has committed to amend the CAO Ordinance to
allow a public process for consideration of each issue set forth in
the petitions for review filed by the City of Port Townsend and
Shine Community Council.
6. In order to accomplish that public process and commit to
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subsequent review of the amended CAO pursuant to RCW 36.70A.28O et
seq., if necessary, the County has agreed that a sunset provision
of December 31, 1994 should be included in the CAO.
7. The County will undertake and complete the statutorily
required public process to consider each of the issues raised in
the petitions for review. Upon completion of that public process
the County will adopt a New Critical Areas Ordinance pursuant to
applicable laws. The New CAO may be a readoption of the existing
CAO or adoption of modifications and/or additions to the existing
CAO. The County shall publish a Notice of Adoption of the New CAO
pursuant to RCW 36.7OA.29O(2).
8. The County expressly agrees to evaluate as part of the
review of any development proposal in unincorporated Jefferson
County impacts to known aquifers pursuant to the State
Environmental Policy Act, RCW 43.21C ("SEPA"). The City of Port
Townsend and Shine Community Council shall be provided notice and
opportunity to comment and appeal on such development proposals
with regard to impacts on known aquifers as a part of the SEPA
development review process during the period between dismissal of
WWGMHB Cause No. 94-2-0012 and adoption of the new CAO including
the date of publication of the notice of adoption.
9. The W4GMHB has scheduled a prehearing conference on
August 24, 1994 at 1:00 p.m. In the interests of administrative
and judicial economy, it is appropriate to reach settlement of the
appeal at or before that date. The timeline for decision on
petitions to the GMHB requires prorpt action.
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10. This amendment to the CAO has no substantive, regulatory
effect that diminishes the protections intended by initial adoption
of the CAO. Rather the amendment provides a procedural process for
settling the appeal and deciding whether additional protection may
be necessary.
11. Pursuant to WAC 197-11-500(20) and 197-11-880 this
Ordinance is exempt from SEPA review.
12. Because this Ordinance preserves the status quo pending
adoption of amendments and pursuant to RCW 36.70.790 and RCW
36.70A.390 the Board finds that this Ordinance may be adopted
without notice and without holding a public hearing.
NOW, THEREFORE, BE IT ORDAINED by the Jefferson County Board
of Commissioners as follows:
Ordinance No. 05-0509-94, the Jefferson County Interim
Critical Areas Ordinance shall be amended to add the following
provision as Section 13.60.
This Ordinance shall remain in effect until the 31st day of
December, 1994 or until such date as an amended Critical Areas
Ordinance repealing this Ordinance becomes effective, whichever
occurs sooner.
Effective Datq: This Ordinance is necessary for the immediate
preservation of the public peace, health, and safety and shall
,.d
become effective on ,x�Y day of August, 1994.
Severability: If any portion of this Ordinance is held
invalid by any court of competent jurisdiction, such portion shall
be deemed a separate portion of this Ordinance and such holding
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shall not affect the validity of the remaining portions of this
Ordinance.
Adoption: Adopted by the Jefferson County Board of
Commissioners this ?.7. " vday of August, 1994.
• qy JEFFERSON COUNTY BOARD OF
K• ," / CO COMMISSIONERS
yy �R ert H t a
t„a
At tj; g
and E. Woj , Member
Lorna L. Delaney Glen Huntingford,ate er
Clerk of the Board 1
Approved as to Form:
Mark Huth, Jefferson Co11nty
Prosecuting Attorney
Jefferson County Prosecuting
Attorney
W0,00"M-4
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