HomeMy WebLinkAbout071519_ca01Consent Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners (BoCC)
Philip Morley, County Administrator
FROM: Patty Charnas, Department of Community Development Director/1KC
David Wayne Johnson, Associate Planner, DCD7;-?F—
DATE: July 15, 2019
SUBJECT: Request to Publish Hearing Notice, Rocky Brook Development
Agreement
STATEMENT OF ISSUE: The Board of County Commissioners is asked to approve a
Hearing Notice for conducting a public hearing on Monday, August 5, 2019 at 10:00 A.M.
in the Commissioners' Chambers, for the purpose of taking oral and written testimony
regarding whether or not to approve an applicant proposed Development Agreement
between Jefferson County and the Rocky Brook Hydroelectric LLC. The Public Hearing
is required under JCC 18.40.850(5) before the BoCC can take final action on the proposal.
ANALYSIS:
Overview of Proposed Draft Development Agreement:
The proposed draft development agreement, which has been reviewed by the Prosecuting
Attorney's Office, removes the mandatory public access permit condition of the 1986 and 2019
permits and replaces it with a voluntarily commitment to maintain public access. Under the
proposed draft development agreement if Rocky Brook disallows or substantially impairs public
access without timely curing the default, the 1986 and 2019 permits will terminate. Further, if
the proposed draft development agreement is terminated by Rocky Brook the 1986 and 2019
permits will terminate. This proposed draft agreement maintains public access while allowing
Rocky Brook to avail itself to the protections afforded to it under the Recreational Immunity
Act.
Attachments:
• Draft Notice of Public Hearing
Next Steps:
1. Consider the attached hearing notice, advertising a public hearing date and location for the
draft development agreement.
Consent Agenda
2. Conduct a public hearing on the draft development agreement obtaining citizen input and
revising the draft development agreement based upon citizen input, if appropriate.
3. Consider taking action to adopt the draft development agreement.
FISCAL IMPACT:
No fiscal impacts are anticipated from the proposed draft development agreement
RECOMMENDATION:
DCD recommends that the BoCC approve the legal notice for publication on July 17,
2019 and July 24, 2019.
REVIEWED BY:
Philip Morle o ty Administ ator Date
To: Port Townsend & Jefferson County Leader
LEGAL NOTICE
Publish Two (2) Times: Wednesday, July 17, 2019
Wednesday, July 24, 2019
Please use 7 -point font.
Bill: Jefferson County Department of Community Development
621 Sheridan St., Port Townsend, WA 98368
Account No. #15832
Staff Contact: David Wayne Johnson, Associate Planner, (360) 379-4465
Date: July 15, 2019
NOTICE OF PUBLIC HEARING BEFORE THE
JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS REGARDING
DEVELOPMENT AGREEMENT WITH ROCKY BROOK HYDROELECTRIC FACILITY
ADDRESSING MANDATED PUBLIC ACCESS
NOTICE IS HEREBY GIVEN that the Jefferson County Board of County Commissioners will hold
a public hearing on Monday, August 5, 2019 beginning at 10:00 a.m. in the Commissioners'
Chambers, Jefferson County Courthouse, 1820 Jefferson Street, Port Townsend. The purpose of the
hearing is to receive oral and written public testimony regarding the text of the Draft Development
Agreement with Rocky Brook Hydroelectric Facility regarding maintaining open public access to the
site per the 1985 Shoreline Permit. The Facility was recently permitted an upgrade under a Shoreline
Substantial Development permit SDP 18-00023/MLA18-00105. The Development Agreement would
allow continued open public access to the site, without personal liability to the property owners. The
public hearing is required under Jefferson County Code, Chapter 18.40.850(5) before approval of the
development agreement by ordinance or resolution.
Oral and written testimony will be taken at the Public Hearing. Written testimony on the proposed
Development Agreement may also be submitted and must be received by the County beginning on
July 17, 2019 until the close of the public hearing on August 5, 2019, addressed to the BoCC at P.O.
Box 1220, Port Townsend, WA 98368 or by email at jeffbocckco jefferson.wa.us, unless extended
by the Board of County Commissioners.
Copies of the Draft Development Agreement and associated documents can viewed or obtained by
contacting Project Planner, David Wayne Johnson (360) 379-4465 djohnsonkco.jefferson.wa.us
or by requesting file MLA 18-00105 at the Dept. of Community Development, 621 Sheridan Street,
Port Townsend, WA 98368.
Signed: July 15, 2019
Kate Dean, Chair
Jefferson County Board of Commissioners