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Home My WebLink AboutCAO Proposed OrdinanceEXHIBIT B JEFFERSON COUNTY STATE OF WASHINGTON AN ORDINANCE REPEALING AND } REPLACING CHAPTER 18.22 OF THE } ORDINANCE NO. JEFFERSON COUNTY CODE, KNOWN } AS THE CRITICAL AREAS } ORDINANCE } WHEREAS, Jefferson County is required under the Growth Management Act ("GMA") codified as Chapter 36.70A RCW and under the Chapter 18.45 of the Jefferson County Code ("JCC") to conduct a periodic review and update of its Comprehensive Plan and Development Regulations to ensure consistency with updated state laws and regulations, population and employment projections, and county policy decisions, and adopts the following procedural and legislative findings:, 1_WHEREAS, RCW 36.70A.170 and RCW 36.70A.172 requires Jefferson County to designate critical areas, including the best available science in developing policies and development regulations to protect the functions and values of critical areas; and, 2_WHEREAS, RCW 36.70A.130 requires Jefferson County to continually review, evaluate, and periodically update its development regulations, including critical areas regulations; 3_WHEREAS, on December 10, 2018, the Jefferson County Board of County Commissioners ("BoCC") completed its periodic review and update of the Comprehensive Plan and its development regulations, deferring completion of the periodic review and update of the Critical Areas Ordinance ("CAO"), and declaring additional goals and policies that emphasized economic development, affordable housing and residential development while protecting the environmental quality of the county's unincorporated areas; and, 4_WHEREAS, on March 25, 2019, the BoCC and Board of Health passed a joint resolution establishing a program of regulatory reform directing County departments to accomplish reform goals, such as streamlining and simplifying the Jefferson County Code, including updates to the CAO, while ensuring early and continuous public participation and engagement and ensuring protection of the county's environment and public health; and, 5_WHEREAS, on July 8, 2019, the BoCC passed a resolution establishing a Critical Areas Regulatory Reform Task Force ("Task Force") and appointing its members representing broad and diverse public, private and local civic skill sets that relate to the CAO update effort so that the Task Force contribute to continuous public participation and citizen involvement and holistically analyze and recommend to 2020 Critical Areas Ordinance Periodic Review and Update Page 1 of 6 the Planning Commission and Department of Community Development regulations that protect the environment and create efficient development practices and permitting paths; and, 6_WHEREAS, the Task Force met from August 8, 2019 until November 14, 2019, providing their advice and recommendations to the Planning Commission on December 4, 2019. 7_WHEREAS, on December 2, 2019, the BoCC referred the CAO to the Planning Commission, including the recommendations of the Task Force which were presented to the Planning Commission during their regular meeting December 4, 2019; and, 8_WHEREAS, the CAO is supported by a record of best available science; and, 9_WHEREAS, the Planning Commission has reviewed the draft CAO and Task Force recommendations and after timely notice held a public hearing on January 22 2020 ; and, 10. WHEREAS, after receipt of written and oral comments, the Planning Commission deliberated on the draft CAO making changes to the County staff recommended CAO and on Februa , 3, 2020 , the Planning Commission voted unanimously to recommend the draft CAO for BoCC consideration; and, 11. WHEREAS, on February 3, 2020 , the BoCC deliberated on the Planning Commission's recommendation and after applying the required growth factors, the BoCC decided to modify the Planning Commission recommendations; 12. WHEREAS, the BoCC, after timely notice, held a public hearing on receiving written and oral comments; and, 13. WHEREAS, the BoCC deliberated over the draft CAO, providing substantive feedback, which resulted in changes to the CAO which are consistent with the State Environmental Policy Act ("SEPA") review and best available science record; and, 14. WHEREAS, the periodic review and update of the CAO were included in a SEPA review through a staff issued Addendum to the 1998 Draft and Final Jefferson County Comprehensive Plan Environmental Impact Statements ("EIS") and subsequent Supplemental EISs and Addenda addressing potential revisions to the proposed Comprehensive Plan and Unified Development Code updates; and 15. WHEREAS, the BoCC finds that the periodic review and update of the CAO serve to benefit the health, welfare, safety, and lifestyle of the residents of Jefferson County; and 2020 Critical Areas Ordinance Periodic Review and Update Page 2 of 6 16. WHEREAS, the BoCC finds that the periodic review and update of the CAO is consistent with county -wide planning policies and consistent with the comprehensive plans of other counties and cities with which Jefferson County has common border or regional issues; and 17. WHEREAS, the BoCC finds that the periodic review and update of the CAO satisfies GMA requirements and JCC requirement for a periodic review and update; and 18. WHEREAS, the BoCC must evaluate the CAO periodic review and update using the criteria set forth in JCC 18.45.080(2)(c); and 19. WHEREAS, the BoCC makes the following additional findings, based on the full and complete record, pursuant to the JCC 18.45.080(2)(c): (i) Have circumstances related to the proposed amendment and/or the area in which it is located substantially changed since the adoption of the Jefferson County Comprehensive Plan? The circumstances related to the proposal and/or area have no substantially changes since the adoption of the Jefferson County CoMprehensive Plan. The Comprehensive Plan's Periodic Review and Update was completed in December 2018, however, the CAO periodic review and update was postponed. This proposal brings the CAO development regulations in alignment with the 2018 Comprehensive Plan. (ii) Are the assumptions upon which the [2004] Jefferson County Comprehensive Plan is based no longer valid; or is new information available, which was not considered during the adoption process or any annual amendments to the Jefferson County Comprehensive Plan? New information is available which was not considered during the most recent periodic review and update of the Comprehensive Plan. Specifically, additional best available science and public engagement have resulted in new information which informs this proposal. (iii) Does the proposed amendment reflect current, widely held values of the residents of Jefferson County? The nronosal reflects currently widelv held values. The nronosed CAO meets the Comprehensive Plan, representing resident input in the Comprehensive Plan Periodic Review and Update completed in 2018. See for example the following Framework Goal: Framework Goal VI Environmental Conservation: Foster environmental stewardship, preserve clean air and water, and protect fish and wildlife habitat. Anticipate and respond to climate change with mitigation and adaptation strategies. Further, a robust public participation process included a diverse group of appointed stakeholders, including the Critical Areas Ordinance Regulatory Reform Task Force, which met and delivered recommendations on the CAO to the Planning Commission, the Planning_ Commission finds that the proposal reflects currently widely held values. (iv) Is growth and development as envisioned in the {2884}2018 Comprehensive Plan occurring faster or slower than anticipated, or is it failing to materialize? 2020 Critical Areas Ordinance Periodic Review and Update Page 3 of 6 There is not sufficient information since the December 2018 adoption of the Jefferson County Comprehensive Plan to assess whether growth or development as envisioned is occurring faster of slower than anticipated (v) Has the capacity of the county to provide adequate services diminished or increased? The capacity of the Cog= to provide adequate services has not diminished or increased relating to this proposal. (vi) Is there sufficient urban land, as designated and zoned to meet projected demand and need? There is sufficient urban land as designated and zoned to meet projected demand and need. (vii) Are any of these assumptions under which the plan is based no longer found to be valid? All assumptions in the Comprehensive Plan are still valid. (viii) Are there changes in the county -wide attitudes? Do they necessitate amendments to the goals of the Comprehensive Plan and the basic values embodied within the Comprehensive Plan Vision Statement? The county -wide attitudes remain strongly aligned with those embodied on the Comprehensive Plan Vision Statement. The proposal does not necessitate amendments to the goals or basic values embodied within the Comprehensive Plan Vision State and the proposal brings the development regulations into better conformance with the Comprehensive Plan. (ix) Are there changes in circumstances which dictate a need for amendment to the Comprehensive Plan? The circumstances related to the proposal and/or area have no substantially changes since the adoption of the Jefferson County Comprehensive Plan. The Comprehensive Plan's Periodic Review and Update was completed in December 2018, however, the CAO periodic review and update was postponed. This proposal brings the CAO development regulations in alignment with the 2018 Comprehensive Plan. (x) Do inconsistencies exist between the Comprehensive Plan and the GMA or the Comprehensive Plan and countywide planning policies for Jefferson County? There are no inconsistencies between the Comprehensive Plan. GMA. and Coun , -wide Planning Policies for Jefferson County. 2020 Critical Areas Ordinance Periodic Review and Update Page 4 of 6 NOW THEREFORE, BE IT HEREBY ORDAINED, by the Jefferson County Board of Commissioners as follows: Section 1. Findings. The BoCC hereby adopts the recitals (the WHEREAS statements) as its findings of fact in support of this Ordinance. Section 2. Chapter 18.22 JCC Repealed. Chapter 18.22 JCC and Ordinance No. 03-0317- 08 creating 18.22 JCC, a Critical Areas Ordinance is hereby repealed. The repealing of the Chapter 18.22 JCC and the ordinances adopting and amending the Critical Areas Ordinance does not repeal or affect any vested rights established by the ordinance. Section 3. 2018 Comprehensive Plan Adopted. The Critical Areas Ordinance, as set forth in Exhibit A and MLA 14-00086/ZON16-00027, is incorporated by reference and adopted as the Jefferson County Critical Areas Ordinance, Chapter 18.22 JCC. The Critical Areas Ordinance shall be transmitted to the Washington State Department of Commerce. Section 4. Best Available Science. All references listed in Exhibit B are considered the review of scientific literature that was submitted, considered, and evaluated by citizens, agencies, tribes, the Planning Commission, Department of Community Development, and the Board of County Commissioners. This literature is referred to as the best available science ("BAS"). BAS was included in the citizen, Planning Commission, and Board of County Commissioner review. Section 5. Severability. If any section, subsection, sentence, clause, phrase or section of this Ordinance or its application to any person or circumstance is held invalid, the remainder of this Ordinance or its application to other persons or circumstances shall be fully valid and shall not be affected. Section 6. Effective Date. The Ordinance becomes effective upon adoption by the BoCC. Approved and adopted this day of 2020 at SEAL: ATTEST JEFFERSON COUNTY BOARD OF COMMISSIONERS Greg BrothertonTjDean, Chair David Sullivan, Member Kate DeanGfeg Bfethe , Member APPROVED AS TO FORM: 2020 Critical Areas Ordinance Periodic Review and Update Page 5 of 6 Carolyn Gallaway Deputy Clerk of the Board Philip C. Hunsucker, Date Chief Civil Deputy Prosecuting Attorney 2020 Critical Areas Ordinance Periodic Review and Update Page 6 of 6