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HomeMy WebLinkAbout25 20cr-1w. 1 f�74 C� JEFFERSON COUNTY STATE OF WASHINGTON IN THE MATTER OF ESTABLISHING I THE 2020 COMPREHENSIVE PLAN } RESOLUTION NO. 25-20 AMENDMENT DOCKET AND } ESTABLISHING DEADLINES FOR } LEGISLATIVE ACTION } WHEREAS, on February 29, 2020, Governor Jay Inslee declared a State of Emergency in all Counties in Washington State due to the public health emergency caused by the COVID-19 virus; and WHEREAS, on March 10, 2020, the Jefferson County Health Officer issued a Public Health Order to control and prevent the spread of the COVID-19 virus; and WHEREAS, on March 16, 2020, the World Health Organization declared the outbreak of COVID-19 to be a pandemic; and WHEREAS, on March 16, 2020, the Jefferson County Board of Commissioners ("BoCC") approved a Declaration of Emergency due to the COVID-19 Pandemic; and WHEREAS, on March 23, 2020, Governor Jay Inslee signed a proclamation (20-25) declaring that a State of Emergency continues to exist in all counties in Washington State due to COVID-19; and that his prior proclamations are amended and superseded by proclamation to impose a Stay Home — Stay Healthy Order throughout Washington State, which prohibits all people in Washington State from leaving their homes or participating in social, spiritual and recreational gatherings of any kind regardless of the number of participants, and all non-essential business in Washington State from conducting business, within the limitations provided in Proclamation 20-25; and WHEREAS, on April 4, 2020, Governor Jay Inslee extended through May 4, 2020, his Stay Home — Stay Healthy Order throughout Washington State; and WHEREAS, on March 23, 2020, the BoCC approved a Resolution Adopting a Temporary Policy for a Limited Period of Time to Grant "Emergency Paid Administrative Leave"; Authorize Telecommuting; and Authorize Sick Leave Advancement for employees due to the COVID-19 Pandemic through April 24, 2020; and WHEREAS, on April 13, 2020, the BoCC approved a Resolution Adopting a Second Temporary County Policy Based on Emergency Response to the COVID-19 Pandemic authorizing telecommuting, temporary expanded use of employer provided sick leave, temporary sick leave advancement and expanded family and medical leave through May 4, 2020; and 1 of 4 WHEREAS, on March 23, 2020, the BoCC approved a Resolution Temporarily Limiting Access to County Buildings and Offices Due to the COVID-19 Pandemic until April 24, 2020; and WHEREAS, on April 13, 2020, the BoCC approved a Resolution Extending the Order Temporarily Limiting Access to County Buildings and Offices due to the COVID-19 Pandemic through May 4, 2020 or for as long as the Governor's Stay Home — Stay Healthy Order is in effect; and WHEREAS, on March 24, 2020, Governor Jay Inslee signed a proclamation (20-28) which temporarily prohibits in-person public attendance at meetings subject to the Open Public Meetings Act and directs public agencies to conduct open public meetings through: (1) telephonic access or electronic/internet means of remote access; and (2) provides the ability for all persons attending the meeting to hear each other at the same time. WHEREAS, Jefferson County has postponed non -urgent public meetings or has transitioned to telephone or electronic/remote access meetings to comply with Governor Inslee's Stay Home — Stay Healthy Order; and WHEREAS, the Jefferson County Department of Community Development ("DCD") is experiencing staffing impacts due to COVID-19, including the temporary reassignment of the DCD Director for COVID-19 activities; and WHEREAS, RCW 3 6.70A. 13 0(2)(a) and WAC 365-196-640(6)(a) require Jefferson County to allow interested persons to suggest amendments to the Jefferson County Comprehensive Plan or its development regulations during annual amendment cycles; and WHEREAS, RCW 36.70A. 130(2)(a) requires that local governments consider their annual amendments, together, no more than one-time per year; and WHEREAS, the Jefferson County Comprehensive Plan's Plan Foundation and Chapter 18.45 Jefferson County Code ("JCC") incorporates the requirement to allow interested persons to suggest amendments to the Jefferson County Comprehensive Plan or its development regulations during the annual amendment cycle; and WHEREAS, Chapter 18.45 JCC establishes a preliminary and final docketing process for the annual amendment cycle; and WHEREAS, JCC 18.45.050 establishes a preliminary docket which requires the following proposed amendments to be placed on the preliminary docket: (1) formal site-specific amendments and (2) suggested text or site-specific amendments; and WHEREAS, JCC 18.45.040 requires that suggested amendments be submitted to DCD no later than March 1St of each year for consideration in the final docket; and 2 of 4 WHEREAS, JCC 18.45.050(3) requires that applications for formal site-specific amendments be automatically placed on the final docket, and DCD received one complete formal site-specific application; and WHEREAS, RCW 36.70A.070(3) requires that comprehensive plans contain a capital facilities element, including a 6 -year financing plan for capital facilities needed within the next 6 -years; and WHEREAS, Jefferson County is in the process of updating the Port Hadlock Sewer Plan, including its 6 -year financing plan; and WHEREAS, revisions to the Port Hadlock Sewer Plan likely will require an amendment to the Comprehensive Plan's Capital Facilities Element and DCD staff recommends that this docket item be included in the 2020 final docket; and WHEREAS, the revisions to the Port Hadlock Sewer Plan are critical to the economic development and public health of Jefferson County and are critical to the implementation of the Port Hadlock Urban Growth Area; and WHEREAS, it is in the best interest of County residents and businesses to place the revisions to the Port Hadlock Sewer Plan on the 2020 final docket; and WHEREAS, the DCD Director has prepared a report pursuant to JCC 18.45.060, recommending that only the one timely reported staff suggested amendment to the Comprehensive Plan's Capital Facilities Element for the updated Port Hadlock Sewer Plan and that the one timely formal site-specific application should be placed on the final docket for consideration during the annual amendment process; and WHEREAS, adoption of the final docket does not constitute a decision or recommendation that the substance of any docket item should be adopted by the BoCC; and WHEREAS, it is in the best interest of the County, considering COVID-19 and its impacts on residents, businesses and DCD staff to suspend all remaining deadlines regarding the review, recommendation and final adoption of 2020 docket items for DCD staff, Planning Commission and BoCC; NOW, THEREFORE, BE IT RESOLVED, by the Jefferson County Board of County Commissioners that in response to the COVID-19 pandemic state of emergency, the 2020 Comprehensive Plan Amendment Cycle shall be revised as follows: 1. All deadlines in Chapter 18.45 JCC for the processing and adoption of 2020 docket items, which occur after the adoption of this resolution, are suspended; and 2. The Planning Commission hearing, report and recommendation required by JCC 18.45.060(3) shall continue to be required before the BoCC takes action to adopt the 2020 final docket, to be further processed pursuant to JCC 18.45.070 and JCC 18.45.080; and 3 of 4 3. The Planning Commission shall consider recommending to the BoCC that only the staff suggested amendment to the Comprehensive Plan's Capital Facilities Element for the updated Port Hadlock Sewer Plan should be placed on the final docket's suggested amendments for consideration during the 2020 annual amendment process, along with the one formal site-specific application that automatically is on the final docket; and 4. Pursuant to JCC 18.45.050(3), the one timely formal site specific amendment shall automatically be placed on the final docket; and 5. The BoCC shall take final legislative action on 2020 docket items by February 26, 2021, unless extended by the BoCC consistent with WAC 365-196-640(3)(a). APPROVED this 27th day of April, 2020 SEAL: l ATTEST: Carol Gallaway Deputy Clerk of the Board 4 of 4 COUTNY Greg Brbfherton, Chair Dean, Member David Sullivan, Member Regular Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of Commissioners FROM: Linda Paralez, Acting DCD Director DATE: April 24, 2020 RE: Modification of the Comprehensive Plan Docket Schedule in Chapter 18.45. JCC Due to the COVED -19 Pandemic Emergency STATEMENT OF ISSUE: Chapter 18.45 JCC contains a process for the annual Comprehensive Plan docket (docket). Due to the COVID-19 pandemic emergency, that schedule cannot be met. The Board of County Commissioners (BoCC) will consider adopting a resolution suspending deadlines in the Chapter 18.45 JCC schedule for the docket, with required final Board of County Commissioners' legislative action on 2020 docket items by February 26, 2021, unless extended by the BoCC consistent with WAC 365-196-640(3)(a). In addition, because of the COVID-19 pandemic and related budget issues, the docket should be limited. ANALYSIS: On February 29, 2020, Governor Jay Inslee declared a State of Emergency due to the COVID-19 pandemic. On March 24, 2020, Governor Inslee signed a proclamation (20-28) declaring that a State of Emergency continues to exist in all Counties in Washington State due to COVID-19; and that portions of RCW 42.30 and RCW 42.56 that require in-person meetings or contact are waived and suspended until midnight on April 23, 2020. This has since been extended to May 4, 2020 and likely will be extended again. This COVID-19 pandemic and the Governor's orders have severely impacted the Jefferson County Department of Community Development (DCD) staffing schedules, including the need to reassign the DCD director to be Jefferson County's COVID-19 Finance Section Chief, consistent with the emergency powers granted by RCW 38.52.070(2). The pandemic and the Governor's orders also creates major barriers to the public participation process required for considering Comprehensive Plan amendments through the annual docket process. Accordingly, the schedule for the docket cannot be met. A draft resolution is attached to: (1) suspend pending deadlines while retaining normal docket procedures; (2) suggest limiting the items on the docket; and, (3) postpone the deadline for County Commissioner final legislative action on the docket items until February 26, 2021 after a planning commission hearing. FISCAL IMPACT: No significant impact. RECOMMENDATION: Consider and adopt the attached resolution. REVIEWED BY: Philip Morley, mmis ra or Date