ORDINANCE 2007-09
(AN ORDINANCE TO AMEND AND EXTEND ORDINANCE 2006-02, ORDINANCE 2006-10 AND ORDINANCE 2007-01 - A MORATORIUM ON THE ACCEPTANCE AND PROCESSING OF ANY BUILDING, MECHANICAL, AND/OR PLUMBING PERMITS ON ANY PARCEL OF LAND THAT IS 20 ACRES OR LARGER THAT WAS CREATED BY DEED SINCE FEBRUARY 16, 2006, 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 SINGLE FAMILY DWELLING PER LEGAL LOT OF RECORD, THE ACCEPTANCE AND PROCESSING OF STATE ENVIRONMENTAL POLICY ACT (SEPA) CHECKLISTS RELATED TO FOREST PRACTICES CONVERSIONS FOR PARCELS 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
WHEREAS, The Board of County Commissioners on February 6, 2007, extended 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.
WHEREAS,
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 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 seven years, 100 new lots (ranging in size from 0.7 acres to 20.39 acres) have been created through the short subdivision (short plat) process which converted commercial forest land into residential uses; and,
WHEREAS, Since February 16, 2006, over 230 new parcels (20 acres or larger) have been created through the deed process, which is exempt from the subdivision and short subdivision (short plat) regulations and other environmental review processes; and,
WHEREAS, several comments submitted during the public comment periods related to the draft Swift Subarea Plan expressed concern on the number of exempt parcels that have been created since the moratorium was enacted and that the exempt parcels do not have any level of review related to critical resource protection, design standards, road maintenance, stormwater or other checks and balances required for residential lots created through the subdivision or short subdivision (short plat) process; and,
WHEREAS, these new exempt parcels are located in existing forest land areas that during the review process of the Swift Subarea Plan, the County Commissioners are determining which areas will be designated as commercial forest land and protected from the encroachment of residential uses as required by the Growth Management Act; and,
WHEREAS, allowing new construction on these parcel created through an unregulated exempt process prior to the County Commissioners completing the Swift Subarea Plan process essentially is circumventing the legislative process and could endanger the public’s safety, health and general welfare; 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 roads, 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 not to 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 and other 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 with a quorum present, conducted a public meeting to consider amending and extending for six months 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 to include a moratorium on the acceptance and processing of building, mechanical, and/or plumbing permits on any parcel of land 20 acres or larger that was created by deed since February 16, 2006 and located within the Swift Subarea. All the aforementioned area is generally known as the Swift Subarea of Skamania County; and,
WHEREAS, the Board of County Commissioners has the authority pursuant to RCW 36.70.795 to adopt a moratorium without holding a public hearing (as long as a public hearing is held on the adopted moratorium within at least 60 days of its adoption) and 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; and,
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 amend and 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 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, Ordinance 2006-10 and Ordinance 2007-01 to establish and extend for six months the moratorium on the acceptance and processing of building, mechanical and/or plumbing permits on any parcel of land 20 acres or larger that was created by deed since February 16, 2006, 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 Critical Areas Update Process are complete. (All the aforementioned area is generally known as the Swift Subarea of Skamania County).
ORDINANCE NO. 2007-09 PASSED INTO LAW THIS 3rd DAY OF July 2007.