HomeMy WebLinkAbout092319_ra01 JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
FROM: Patty Charnas, Director, Community Development
DATE: September 23,2019
SUBJECT: Resolution Adopting a Timeline for Completing the Updates to the Critical
Areas Ordinance
STATEMENT OF ISSUE:
A resolution is proposed for Board adoption that establishes a final timeline to complete the state
mandated updates to the county's Critical Areas Ordinance (CAO) no later than February 28,
2020, as a conclusion to the significant progress the County has already made.
This resolution will also serve as a definitive notice to any pending state grants, permits, licenses
and funds that the County will complete its CAO update by February 28, 2020 and be compliant
with the Washington State Growth Management Act (GMA), Ch. 36.70A RCW.
ANALYSIS:
As described below, Jefferson County has previously made substantial progress toward
completing its periodic review and update to the County's Critical Areas Ordinance (CAO).
The County now is committing to a clear path and timeline for expeditiously completing and
adopting on or before February 28, 2020, an update to its CAO that meets the requirements of
state law, and allowing for continued public participation.
The County, through the Department of Community Development (DCD) has been working on
drafting an updated CAO since 2014, and has completed the review of best available science and
other required revisions pursuant to the Washington Department of Commerce Growth
Management Services CAO Update Checklist. The County particularly focused staff time and
resources on updating critical areas standards for agricultural lands and activities. In 2017, DCD
conducted briefings of the Jefferson County Planning Commission on proposed CAO updates,
which the Planning Commission concluded needed more work, especially the critical area
standards related to agricultural activities.
In early 2018, the Planning Commission recommended sequencing completion of the periodic
review of the Comprehensive Plan prior to completing the update to the CAO, so that the CAO
could be fully consistent with the new Comp Plan, and the Board of Commissioners agreed this
was in the interest of full compliance with the Growth Management Act. As a result, the
Comprehensive Plan periodic review was completed with a robust public participation plan of
workshops, open houses, and public hearings before the Planning Commission and Board of
Commissioners.
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The Board of County Commissioners adopted a substantially revised Comprehensive Plan on
December 10, 2018, outlining a vision, goals and policies that help define, direct and guide
future growth and development throughout the county through the year 2038, emphasizing
economic development, affordable housing and residential development while protecting the
environmental quality of unincorporated areas. This set new directions with which the CAO
update must be consistent.
In January 2019, the Washington Department of Ecology significantly revised Chapter 395-190
WAC regarding CAO requirements, which Jefferson County's ongoing CAO update must also
comply with.
On March 25, 2019, the Board of Commissioners adopted a resolution 17-19 establishing a
regulatory reform program for Jefferson County to carry out the policy directions of the new
Comprehensive Plan, and directed the Department of Community Development to use the
updates to the CAO as an opportunity to holistically analyze and reform regulations to better
enable citizens and the County to protect public health and the environment and create efficient
development practices and permitting paths for implementing those protections.
On July 8, 2019, as part of continuous public participation, the Board of Commissioners
established a Jefferson County Critical Areas Regulatory Reform Task Force and appointed its
members to discuss and collectively recommend refinements to the policy, regulations and
environmental standards of an existing draft CAO update and to complete its review and deliver
its recommendations to the Department of Community Development and to the Planning
Commission.
The County now wishes to clearly commit to a timeline to adopt the CAO update no later than
February 28, 2020, as part of the County's substantial progress to complete mandated updates to
the Comprehensive Plan, implementing regulations and CAO. This important resolution will
also serve as a definitive notice to any pending state grants, permits, licenses and funds that the
County will expeditiously complete its CAO update and be compliant with GMA.
FISCAL IMPACT:
No fiscal impacts are anticipated from adopting the proposed resolution. There is a fiscal impact
to carrying out the work of the CAO Regulatory Reform Task Force, drafting a final updated
CAO and conducting a robust public participation process through the Planning Commission and
Board of Commissioners.
RECOMMENDATION:
Approve the resolution adopting a timeline for completing the update of the CAO.
RE WED BY:
7.2- ?",
hilip Moounty A dminist :tor Date
Page 2 of 2
COUNTY OF JEFFERSON
STATE OF WASHINGTON
RESOLUTION ADOPTING A TIMELINE }
FOR COMPLETING THE UPDATES TO } RESOLUTION NO.
THE CRITICAL AREAS ORDINANCE }
WHEREAS,Jefferson County plans under the Washington State Growth Management Act,
("GMA"), Ch. 36.70A. RCW, which mandates that cities and counties that plan under GMA periodically
review and if necessary revise their Comprehensive Plans, implementing development regulations and
designate and protect critical areas which are defined as wetlands, fish and wildlife habitat conservation
areas, geologically hazardous areas, frequently flooded areas and critical aquifer recharge areas; and
WHEREAS,the Jefferson County Board of Commissioners advocates public participation and
encourages citizen involvement in all matters of County government; and
WHEREAS,Jefferson County has been working on drafting an updated critical areas ordinance
(CAO) beginning in May 15, 2014 and committing financial andstaff time and resources to complete the
required best available science reviews,giving special attention to the protection of critical areas in
agricultural lands and a timeline showing this work is attached as Appendix A; and
WHEREAS,between September and December 2017,the Department of Community
Development briefed the County Planning Commission on an updated, draft CAO which the Planning
Commission concluded needed more work on critical area standards related to agricultural activities; and
WHEREAS, in early 2018 the Department of Community Development advertised and held a
public workshop with countywide agricultural interests to consider proposed CAO standards affecting
agriculture; and
WHEREAS, based on the intense public participation,during mid-2018,the Department of
Community Development and Planning Commission recommended sequencing completion of the
periodic review of the Comprehensive Plan prior to completing the update to the CAO, so that additional
work could be done on the CAO,the CAO could be fully consistent with the new Comp Plan, and the
Board of Commissioners subsequently agreed this was in the interest of full compliance with the Growth
Management Act..
WHEREAS,Jefferson County completed its periodic update to the Comprehensive Plan
separately from the ongoing work on critical areas on December 10, 2018, substantially revising the
Comprehensive Plan consistent with GMA and outlining a vision, goals and policies that help define,
direct and guide future growth and development throughout the county through the year 2038,
emphasizing economic development, affordable housing and residential development while protecting the
environmental quality of unincorporated areas; and
WHEREAS, in January 2019,the Washington Department of Ecology significantly revised
Chapter 395-190 WAC regarding CAO requirements, affecting Jefferson County's ongoing CAO drafting
efforts; and,
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WHEREAS, on March 25,2019,the Board of Commissioners adopted a resolution 17-19
establishing a regulatory reform program for Jefferson County t carry out the policy directions of the
new Comprehensive Plan, and directed the Department of Community Development to use the updates to
the CAO as an opportunity to holistically analyze and reform regulations to better enable citizens and the
County to protect public health and the environment and create efficient development practices and
permitting paths for implementing those protections; and
WHEREAS, as part of continuous publicparticipation, on July 8, 2019,the Board of
Commissioners established a Jefferson County Critical Areas Regulatory Reform Task Force and
appointed its members to discuss and collectively recommend refinements to the policy, regulations and
environmental standards of an existing draft CAO update and to complete its review and deliver sits
recommendations to the Department of Community Development and to the Planning Commission; and
WHEREAS, as part of the County's substantial progress in adopting the update to the CAO in
compliance with the Growth Management Act,the Board of County Commissioners wishes to establish a
clear path and timeline for espeditiously completing the process to adopt a CAO Update, while providing
for continued public participation;
NOW,THEREFORE,BE IT RESOLVED,
1. The Jefferson County Board of Commissioners commits Jefferson County to the following
schedule to complete the public process to adopt no later than February 28, 2020 an update to the
Critical Areas Ordinance that is consistent with the County's updated Comprehensive Plan,
Washington State's Growth Management Act,related rules and regulations, and best available
science.
2. The Critical Areas Regulatory Reform Task Force shall complete its recommendations and
forward them to the Department of Community Development on or before November 18, 2019.
3. The Department of Community Development shall complete its work to propose a revised Draft
Critical Areas Ordinance in compliance with Paragraph 1 and Resolution 17-19, and shall
transmit the revised Draft CAO and Task Force Recommendations to the Planning Commission
on or before November 29,2019.
4. The Department of Community Development shall provide the Washington State Department of
Commerce a 60-Day Notice,as required by the Growth Management Act, of its proposed Draft
Critical Areas Ordinance on or before November 29, 2019.
5. The Planning Commission shall consider the revised Critical Areas Ordinance and the Critical
Areas Regulatory Reform Task Force's recommendations, hold a Public Hearing on the draft
CAO recommended by County Staff on or before January 8, 2020, and shall deliever its
recommendations to the Board of County Commissioners on or before January 17,2020.
6. The Board of County Commissioners shall consider the Planning Commission's
recommendations,hold a Public Hearing on a recommended draft CAO on or before February 10,
2020, and adopt the final updated Critical Areas Ordinance on or before by February 28,2020.
(SIGNATURES ARE ON THE FOLLOWING PAGES)
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Dated this day of , 2019.
ADOPTED this day of 2019, at : a.m.
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
SEAL:
Kate Dean, Chair
David Sullivan, Member
ATTEST:
Greg Brotherton, Member
APPROVED AS TO FORM:
Carolyn Gallaway, Date Philip C.Hunsucker, Date
Deputy Clerk of the Board Chief Civil Deputy Prosecuting Attorney
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APPENDIX A
Jefferson County Critical Areas Ordinance Periodic Update
Timeline of Significant Events Illustrating Substantial Progress
2014
Spring: Jefferson County begins meeting with critical areas, salmon recovery, and agricultural
interests on a scope for Best Available Science updates in support of CAO periodic review.
Spring/Summer: Meetings with Washington State University (WSU) Agricultural Extension
Director, Jefferson County Conservation District on most salient issues affecting critical areas in
agricultural areas with attention to existing farm conservation measures. WSU Director writes to
express frustration on process and lack of agreement.
Summer/Fall: Series of public meetings held with timely notice and meeting documentations
entitled"Protecting Critical Areas and Supporting Agriculture During GMA Required
Comprehensive Plan Update Process." Agendas published; participants documented; issues (flip
charts) recorded.
Fall/Winter: Department of Community Development(DCD)cooperatively reviews feedback to
date on critical areas and agriculture with interested parties;prepares scope and funding request
for consultant services to assist in Best Available Science review; Agricultural Watershed
Characterizations and Proposed Recommendations.
2015
Spring/Summer: Consultant bid process and selection and professional services work program
initiated. Work drafted and prepared with DCD oversight.
Fall/Winter: Critical Areas Best Available Science review report finalized by consultant.
Emphasis on critical area overlap with agricultural activities included.
Spring though Winter: Public participation, internal reviews and redrafting of County
Comprehensive Plan continues, including consultant-led review of attendant development
standards recommended updates.
Summer/Fall: Staff analysis of other GMA County CAO standards with emphasis on protecting
critical areas in agricultural lands and farms. DCD leadership positions vacated earlier in year;
interim managers appointed
2016
Spring: All consultant products completed including final Watershed Characterization Report
and Final Proposed Recommendations for critical areas periodic update.
Summer: Washington Dept. of Commerce acknowledges CAO and Comprehensive Plan
progress to date and grants one-year extension. Permanent DCD Director appointed;
Comprehensive Plan update public participation concludes on top planning issues of public
concern and Planning Commission informational sessions continue.
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2017
Winter/Spring and Fall: DCD holds joint public meetings with Planning Commission on
Comprehensive Plan draft. DCD advertises and holds informational sessions with Planning
Commission on proposed updates to Critical Areas Ordinance, one section per meeting on—
Applicability and Administration proposed updates; Critical Aquifer Recharge proposed updates;
Frequently Flooded Areas proposed updates; Fish and Wildlife Habitat Conservation Areas
updates; Wetlands and Special Reports updates; and, Proposed new Section on Critical Areas
Development Standards for Agricultural Activities.
Fall: Planning Commission formally interrupts hearing and deliberations process for CAO,
recommending additional outreach to agricultural interests prior to completing planning
commission review.
2018
Winter: DCD advertises and hold public workshop inviting countywide agricultural interests to
workshop on proposed CAO standards affecting agriculture. Approximately 65 participants
attend and notes are recorded over length of meeting.
Spring: DCD formally requests and is granted approval by Board of County Commissioners to
complete Comprehensive Plan adoption separately from critical areas ordinance while work
continues on CAO refinements.
Summer/Fall: Planning Commission hold public hearings and deliberates on periodic update of
Comprehensive Plan and forwards recommendation to Board of Commissioners.
Fall/Winter: Board of County Commissioners holds public hearing and deliberates on
Comprehensive Plan periodic update. Concludes with major emphasis on directing County
services and decisions'to specifically protect public health and the environment while ensuring
opportunities for rural economic development and affordable housing.
2019
Winter/Spring: Board of County Commissioners adopts Resolution 17-19 Establishing a
Program of Regulatory Reform for'the Department of Community Development and
Environmental Public Health recognizing new directives and emphases in recently adopted
Comprehensive Plan.
Spring/Summer: Board of County Commissioner establishes a Critical Areas Regulatory Reform
Task Force and establishes its members and a facilitator to assist in completing the periodic
updates and existing redraffthe County CAO.
Summer: CAO RR Task Force meets every other Thursday to review work-to-date, discuss
options relative to other GMA County CAO and produce recommendations to DCD, Planning
Commission.
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