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Home My WebLink About16 1028 94 STATE OF WASHINGTON County of Jefferson IN THE MATTER OF AN EMERGENCY ORDINANCE REPEALING INTERIM FOREST AND MINERAL LANDS ORDINANCE AND INTERIM AGRICULTURAL LANDS RESOLUTION NO. 67-94 } } } } } } ORDINANCE NO, 16-1028-94 WHEREAS, on July 5, 1994, the Jefferson County Board of County Commissioners ("BOCC") adopted Ordinance No. 07-0705-94 (Interim Forest Resource Lands Ordinance) and Ordinance No. 06-0705-94 (Interim Mineral Resource Lands Ordinance); and WHEREAS, on June 13, 1994, the Jefferson County Board of County Commissioners (BOCC) adopted Resolution No. 67-94 (In the Matter of Interim Classification and Designation of Agricultural Land of Long Term Commercial Significance,) and; WHEREAS, on September 8, 1994, the Olympic Environmental Council (OEC) filed a petition to review Ordinance 07-0705-94. On September 9, 1994, the Washington Environmental County (WEC) filed a petition to review Ordinance No. 07-0705-94 and the County's failure to adopt an ordinance designating agricultural resource lands. On September 9, 1994, the State of Washington by and through the Department of Natural Resources (DNR) filed a petition to review Ordinances 07-0705-94 and 06-0705-94. All the petitions were filed pursuant to the Growth Management Act (GMA) RCW 36.70A before the Western Washington Growth Management Hearings Board (WWGMHB). They have been consolidated under cause No. 94-0017; and WHEREAS, Jefferson County believes that the interim designation and protection of resource lands pursuant to the GMA is a matter of significant public interest; and, WHEREAS, although Jefferson County does not agree or admit to the allegations contained within the petitions filed under WWGMHB cause No. 94-0017, the County believes it is in the citizen's best interests to address those allegations through reopening the public record for reconsideration of interim designation and protection of resource lands of long tenn commercial significance; and WHEREAS, the Planning Department has committed to creating a draft ordinance as per the schedule attached as Exhibit A; and WHEREAS, the County believes its planning resources are more effectively and efficiently employed in reconsideration of the interim designations rather than defense of the existing Ordinances and resolution; and WHEREAS, the WWGMHB has set a hearing date for the petitions under cause No. 94-0017 for December 7, 1994; and WHEREAS, in order to remain in compliance for interim designation of resource lands, the County must reconsider the current interim designations prior to said hearing date; and WHEREAS, in order to assure that the current interim designations will be reconsidered, it is necessary to terminate their legal effect and schedule an adoption date for replacement interim resource lands regulations prior to said hearing date; and VOL 20 rAGf 0 :1708 Ordinance No. : In the matter of An Emergency Ordinance Repealing Interim Forest and Mineral Lands Ordinances and Interim Agricultural Lands Resolution No. 67-94 Page: 2 WHEREAS, the pending petitions and hearing are concerned regarding the possibility of a finding of noncompliance by the WWGMHB; and WHEREAS, a finding of noncompliance with the GMA would cause uncertainty in the vesting of applications and create difficulties in the issuance of land use permits; and WHEREAS, the Board of County Commissioners ("BOCC") deems an emergency exists that requires action within a time too short to comply with the State Environmental Policy Act (SEPA), RCW 43.21C; and WHEREAS, WAC 197-11-880 makes actions taken pursuant to such emergencies exempt from SEP A; and WHEREAS, RCW 36.70A.390 allows adoption of regulations regarding interim designation of resource lands on an immediate basis; NOw, THEREFORE BE IT ORDAINED, by the Jefferson County Board of Commissioners as follows: 1. Ordinance No. 06-0705-94 and 07-0705-94 shall each be amended to add the following provision: 2. This Ordinance shall terminate all legal effect on November 30, 1994 or upon such date as a new Interim Resource Lands Ordinance repealing this ordinance becomes effective, whichever occurs sooner. Resolution No. 67-94 shall be amended to add the following provision: This Resolution shall terminate all legal effect on November 30, 1994 or upon such date as a new Interim Resource Lands Ordinance repealing this Resolution becomes effective, whichever occurs sooner. 3. The County shall make every effort to comply with the schedule attached as Exhibit A. 4. The Planning Department shall publish notice of the request for public comment as attended as Exhibit B. This Ordinance is necessary for the immediate preservation of the public peace, health ~ and safety and shall become effective on the ~day of October, 1994. 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 shall not affect the validity of the remaining portion of this Ordinance. Qk. ADOPTED this 6/Z- day of October, 1994. 5. 4. . . ~. . .. . JEFFERSON COUNTY BOARD OF COMMISSIONERS ~~hainnan ~-~.' . . . . . .. :~~T:~nMQ If,11-Q Lorna L. Delaney Clerk of the Board VOL 20 tAf~ 0 .1'7U;J . .. . ') October 27 - 28 31 31 November 1-2 3 4-9 10 - 14 15 - 16 17 18 JEFFERSON COUNTY PLANNING DEPARTMENT Long-Range Planning and Growth Management Jefferson County Courthouse P.O. Box 1220 Port Townsend, WA 98368 (206) 385-9123 FAX: (206) 385-9357 1-800-831-2678 INTERIM: RESOURCE LANDS ORDINANCE DRAFI' PRODUCTION TIMETABLE Produce legal ad for November 2nd 'Leader' inviting the submission of data relating to the economic viability of forestry, agriculture and mining in (eastern) Jefferson County, The ad will be reviewed and approved by the County Prosecutor prior to publication. Order copies of Resource Land Ordinances from adjacent counties. Mail letters to all parties who have continuously particpated in the resource lands process, invIting them to provide data relating to the economic viability of resource lands in (eastern) Jefferson County Review the 'Minimum Guidelines' , relevant sections of the Growth Management Act, and other State agency guidelines to clarify designation and protection requirements for Resource Lands. Review legislation adopted by adjacent counties, list classification, designation and protection mechanIsms. Legal ad requesting data is published in the 'Leader' Hold staff meeting with Director of Community Services, Planning Director, County Prosecutor and Rick Sepler of Madrona Planning and Development Services to agree ordinance form and approach. Review existing county record on Agricultural and Mineral lands to identify baseline for designation approach Start writing preliminary ordinance draft End of period for submission of economic data Conduct economic analysis and summarize results Complete preliminary ordinance draft Legal review and amendment of draft ordinance by County Prosecutor Submission of draft ordinance to Board of County Commissioners "Exhibit A" VOL 20 ~Ar,r 0171.0 Publish: One Time, November 2nd, 1994 - Bill: Jefferson County Planning Department PUBLIC NOTICE JEFFERSON COUNTY Re-Opening of Public Record for the Interim Designation of Resource Lands NOTICE IS HEREBY GIVEN that the Jefferson County Board of County Commissioners has determined that in order to comprehensively address the interim designation of Resource Lands of Long-Term Commercial Significance, as required by the Growth Management Act (RCW 36.70A), further information is required. Interested citizens, organizations, corporations and government agencies are hereby invited to submIt comments on the designation and protection of Agricultural, Forest and Mineral resource lands in Jefferson County. The County is particularly interested in the receipt of information addressing the economic viability of these resource production and management activities. All comments should be made in writing and addressed to the Jefferson County Planning Department at the Jefferson County Courthouse, P.O. Box 1220, Port Townsend, Washington 98368. All submitted materials must be received no later than 5:00 P.M. on Wednesday, November 9th, 1994. Further information can be obtained from James Holland, Senior Planner, at (206) 385-9123 Exhibit B "'01- 20 rÀr.~. 0 J '711