ORDINANCE 2006-10

(AMENDING ORDINANCE 2006-02)

(AN ORDINANCE TO EXTEND ORDINANCE 2006-02 A MORATORIUM ON THE ACCEPTANCE AND PROCESSING OF LAND DIVISIONS (SUBDIVISION AND SHORT SUBDIVISION) CREATING LOTS OF LESS THAN 10 ACRES, ON THE CONSTRUCTION/PLACEMENT OF MORE THAN ONE SIGLE FAMILY DWELLING PER LEGAL LOT OF RECORD, AND THE ACCEPTANCE AND PROCESSING OF STATE ENVIRONMENTAL POLICY ACT (SEPA) CHECKLISTS RELATED TO FOREST PRACTICES CONVERSIONS FOR ANY PARCEL LOCATED WITHIN TOWNSHIP 6 NORTH, RANGE 5 EAST; TOWNSHIP 7 NORTH, RANGE 5 EAST; TOWNSHIP 6 NORTH, RANGE 6 EAST; AND TOWNSHIP 7 NORTH, RANGE 6 EAST, WILLAMETTE MERIDIAN.  ALL THE AFOREMENTIONED AREA IS GENERALLY KNOWN AS THE SWIFT SUBAREA OF SKAMANIA COUNTY.)

 

WHEREAS, The Board of County Commissioners on February 16, 2006 adopted a six-month moratorium on the acceptance and processing of land divisions (subdivision and short subdivision), creation of a new water source (individual wells and/or water systems) after the adoption of this moratorium, and the acceptance and processing of state environmental policy act (SEPA) checklists related to forest practices conversions for any parcel located within Township 6 North, Range 5 East; Township 7 North, Range 5 East; Township 6 North, Range 6 East; and Township 7 North, Range 6 East, Willamette Meridian. All the aforementioned area is generally known as the Swift Subarea of Skamania County.

 

WHEREAS, Skamania County has begun the process to adopt an amendment to Comprehensive Plan A to create the Swift Subarea Plan; and,

 

WHEREAS, during the planning unit adoption process in November 2004 for the WRIA 27/28 watershed plan which includes the area within the proposed Swift Subarea Plan, the county negotiated a water allocation reservation of 0.38 cubic feet per second (cfs); and,

 

WHEREAS, the Counties involved in WRIA 27/28 have formally adopted the watershed plan as of July 21, 2006, and water allocations are set for the Swift Subarea resolving the water issues to the Counties satisfaction; and,

 

WHEREAS, once the water issues were resolved to the County’s satisfaction, the Board of County Commissioners intended to review the moratorium on land division to determine if land division of 10 acres or larger could be processed; and,

 

WHEREAS, the area within the proposed Swift Subarea Plan is prime habitat area for many Federal and State listed endangered, threatened, sensitive, candidate and priority species of fish and wildlife; and,

 


WHEREAS, Skamania County is in the process of completing the 2006 Critical Areas Update Process for the entire County (including the area within the proposed Swift Subarea Plan) as required under the Washington State Growth Management Act; and,

 

WHEREAS, ninety-eight percent (98%) of the area within the proposed Swift Subarea Plan is currently used as commercial forest land; and,

 

 WHEREAS, the Growth Management Act requires all counties in the State of Washington to provide protections for commercial forest land from the encroachment of residential uses; and,

 

 

WHEREAS, in the last six years, 100 new lots (ranging in size from 0.7 acres to 20.39 acres) have been created through the short plat process which converted commercial forest land into residential uses; and,

 

WHEREAS, the development in the area within the proposed Swift Subarea Plan is located on rugged mountainous terrain, is only accessed though United States Forest Service Roads and private road, and does not currently have access to electrical power service, land-line telephone service and cellular telephone service; and,

 

WHEREAS, there have been citizen requests to relax the standards in the private road codes to facilitate additional development and emergency services requests to not relax the standards in the private road codes to ensure safety to emergency service personnel and adequate ingress/egress during emergency events; and,

 

WHEREAS, continued unplanned and uncontrolled residential growth in the areas of commercial forest lands and the Gifford Pinchot National Forest could potentially increase the risk of forest fires (emergency events); and,

 

WHEREAS, during the visioning process of the proposed Swift Subarea Plan information was gathered to help determine where the best locations are for future residential development, taking into considerations the terrain, access roads, location of critical area resources, location of commercial forest lands, future service needs of residents, and future water usage for residential development; and,

 

WHEREAS, the Board of County Commissioners, having provided proper notice in the official newspaper of general circulation and with a quorum present, conducted a public hearing to extend the moratorium on the acceptance and processing of land divisions (subdivisions and short subdivisions) creating lots of less than 10 acres, on the construction/placement of more than one single family dwelling per legal lot of record, and the acceptance and processing of State Environmental Policy Act (SEPA) checklists related to forest practice conversions for any parcel located within Township 6 North, Range 5 East; Township 7 North, Range 5 East; Township 6 North, Range 6 East; and Township 7 North, Range 6 East, Willamette Meridian.  All the aforementioned area is generally known as the Swift Subarea of Skamania County; and,

 

WHEREAS, after all those attending the hearing were given the opportunity to speak; the public hearing was closed to public testimony; and,

 

WHEREAS, the Board of County Commissioners has the authority pursuant to RCW 36.70.795 to adopt a moratorium whether or not there is a recommendation on the matter from the Planning Commission or the Planning Department, that may be effective for not longer than six months, but may be effective for up to one year if a work plan is developed for related studies providing for such longer period.  A moratorium may be renewed for one or more six-month period(s) if a subsequent public hearing is held and finding of fact are made prior to each renewal.

 

WHEREAS, a work plan for the Swift Subarea Plan process has been developed; and,

 

WHEREAS, the Board of County Commissioners determined that the processing of land divisions of 10 acres or larger are acceptable based on the water issues of WRIA 27/28 being resolved as long as only one single family dwelling is allowed per legal lot of record; and,

 

WHEREAS, the Board of County Commissioners finds a sufficient basis to extend the moratorium for additional six (6) months, believe that the above mentioned circumstances constitute an emergency, and that it is in the public’s best interest (to protect the public’s safety, health and general welfare) to maintain the status quo of the area pending the County’s consideration of amending the Comprehensive Plan by creating a Swift Subarea Plan and completing the 2006 Critical Areas Update Process; and,

 

WHEREAS, the Board of County Commissioners intends for these recitals to constitute its “findings of fact” as required by RCW 36.70.795; and,

 

NOW, THEREFORE BE IT HEREBY ORDAINED AND ESTABLISHED BY THIS BOARD OF COUNTY COMMISSIONERS AS FOLLOWS: the Board of County Commissioners hereby amends Ordinance 2006-02 to extend the moratorium on the acceptance and processing of land divisions (subdivisions and short subdivisions) creating lots of less than 10 acres, on the construction/placement of more than one single-family dwelling per legal lot of record, and the acceptance and processing of State Environmental Policy Act (SEPA) checklists related to forest practice conversions for any parcel located within Township 6 North, Range 5 East; Township 7 North, Range 5 East; Township 6 North, Range 6 East; and Township 7 North, Range 6 East, Willamette Meridian, until the Comprehensive Plan Amendment for the proposed Swift Subarea Plan and the 2006 Critical Areas Update Process are complete.  (All the aforementioned area is generally known as the Swift Subarea of Skamania County).


REVIEWED this 27th day of July 2006, and set for public hearing on the 14th day of August 2006 at 10:00 o’clock a.m.

 

                                                                        BOARD OF COUNTY COMMISSIONERS

                                                                        SKAMANIA COUNTY, WASHINGTON

 

                                                                        _______________________________________                                                                              Chairman

 

ATTEST:                                                        _______________________________________

                                                                        Commissioner

 

_______________________________          _______________________________________

Clerk of the Board                                            Commissioner

 

 

ORDINANCE NO. 2006-10 PASSED INTO LAW THIS _____DAY OF AUGUST 2006.

 

 

                                                                        BOARD OF COUNTY COMMISSIONERS

                                                                        SKAMANIA COUNTY, WASHINGTON

 

                                                                        _______________________________________                                                                              Chairman

 

ATTEST:                                                        _______________________________________

                                                                        Commissioner

 

_______________________________          _______________________________________

Clerk of the Board                                            Commissioner

 

 

APPROVED AS TO FORM ONLY:

 

 

_________________________________

Skamania County Prosecuting Attorney

 

AYE __________

NAY __________

ABSTAIN __________

ABSENT __________