RESOLUTION 2004-42

(Adopting, Endorsing and Certifying by Motion the West End Community Comprehensive Subarea Plan and Associated Plan Maps)

WHEREAS, RCW 36.70 authorizes Counties to engage in creation of Comprehensive Plans and the adoption and certification thereof by motion; and,

WHEREAS, the Washington State Legislature in 1990, passed the Growth Management Act (RCW 36.70A) requiring all Counties to prepare or update their Comprehensive plans and to bring their ordinance into compliance with the Critical Areas requirements and the requirements to protect Resource Lands (Forest, Agriculture, and Mineral Resources) of Long-Term Commercial Significance; and,

WHEREAS, in November 2001, the Board of County Commissioners authorized the Department Planning and Community Development to begin the visioning process to update the Comprehensive Plan in the West End of Skamania County; and,

WHEREAS, the Department of Planning and Community Development held twenty-two community meetings, beginning on November 15, 2001 and ending on July 22, 2004, with the citizens of the West End, providing notice for each meeting; and,

WHEREAS, the summation of all information, vision statement, mission statement, comments, concerns and ideas from the West End Community members resulted in the draft West End Community Comprehensive Plan and preferred Comprehensive Plan Map (Alternative 3); and,

WHEREAS, on July 28, 2004 a Determination of Non-Significance (DNS) was issued and review under the State Environmental Policy Act (SEPA) was completed, since no appeals were filed; and,

WHEREAS, on August 2, 2004, a draft plan and a 60 day notice of intent to adopt were sent to Washington State reviewing agencies meeting the notice requirements of the Growth Management Act; and,

WHEREAS, the Planning Commission held a workshop on August 3, 2004 to discuss the draft plan and preferred map; and,

WHEREAS, the Planning Commission, having provided proper notice in the official newspaper of general circulation and with a quorum present, conducted a public hearing on the West End Community Comprehensive Subarea Plan and associated plan maps on September 7, 2004 at Canyon Creek Middle School at 7pm; and,

WHEREAS, after all those attending the hearing were given the opportunity to speak; the public hearing was closed to public testimony at the end of the evening on September 7, 2004. The public hearing was continued to September 21, 2004 for Planning Commission deliberations on the map and text; and,

WHEREAS, at the conclusion of the September 21, 2004 public hearing, the public hearing was continued a second time to October 5, 2004 for continued deliberations on the map and text; and,

WHEREAS, on September 21, 2004 and October 5, 2004, after reviewing the public testimony, both written and oral (including all petitions), discussing and analyzing the testimony, reviewing the existing land use, topography, location of rivers and creeks, and the existing lot sizes in the West End Study Area, the Planning Commission decided to use Map 2 as the base map and modified it based on the information and public testimony provided; and,

WHEREAS, the Planning Commission determined that Map 1, Map 3 (Alternative 3) and the Petition Map did not meet the needs of the community as a whole, nor provided the best protection of the health, safety, and general welfare of the community as a whole; and,

WHEREAS, the Planning Commission reviewed the text of the draft Subarea Plan and the testimony provided, following a discussion thereon modified the text to be more consistent with the rest of Skamania County; and,

WHEREAS, based upon public comment, both written and oral, the findings of fact and conclusions of law the Planning Commission determined unanimously that the West End Community Comprehensive Subarea Plan, as modified, and Map 2, as modified, protects the general health, safety and welfare of the public and should be recommended to the Board of County Commissioners for review, possible modification and approval; and,

WHEREAS, the Board of County Commissioners received notice of the Planning Commission’s recommendation for approval of the draft West End Community Comprehensive Subarea Plan as modified and associated plan maps as modified, the minutes of the Planning Commission meetings (August 3, 2004, September 7, 2004, September 21, 2004 and October 5, 2004), the Planning Commission’s motion to approve, a copy of the draft plan and maps, copies of the written comments submitted to the Planning Commission (including all petitions), and a copy of the packet of information that was mailed to West End Community Members after the Planning Commission made its recommendation; and,

WHEREAS, the Board of County Commissioners held a workshop on October 25, 2004 to discuss the Planning Commission’s draft version of the West End Community Comprehensive Subarea Plan and associated plan maps; 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 on the West End Community Comprehensive Subarea Plan and associated plan maps on November 15, 2004 at Canyon Creek Middle School at 7pm; and,

WHEREAS, after all those attending the hearing were given the opportunity to speak; the public hearing was closed to public testimony (oral) at the end of the evening on November 15, 2004, and written public testimony was continued until Thursday, November 18, 2004. The public hearing was continued to November 22, 2004 for Board of County Commissioners deliberations on the map and text; and,

WHEREAS, on November 22, 2004, after reviewing the public testimony, both written and oral (including all petitions), discussing and analyzing the testimony, reviewing the Planning Commission’s recommendation, the Board of County Commissioners decided by motion to modify the Comprehensive Subarea Plan Map (Planning Commission’s Recommended Map) to allow for retaining the Forest Lands (FL20) in Sections 27, 28, 32 and 35, Township 2 North, Range 5 East, W.M.; retaining the Rural Lands 2 (RL2) in Sections 26, 33, and 34, Township 2 North, Range 5 East, W.M. and in Sections 3 and 4, Township 1 North, Range 5 East, W.M.; retaining Rural Lands 10 (RL10) in Sections 20 and 29, Township 2 North, Range 5 East, W.M.; increasing the amount of Rural Lands 10 (RL10) in Sections 22 and 32, Township 2 North, Range 5 East, W.M.; increase the amount of Rural Lands 5 (RL5) in Sections 19, 34 & 35, Township 2 North, Range 5 East, W.M.; increase the amount of Neighborhood Commercial (NC) in Sections 31 and 32, Township 2 North, Range 5 East, W.M. and in Sections 3 and 6, Township 1 North, Range 5 East, W.M.; and increase the amount of Forest Land (FL20) in Section 28, Township 3 North, Range 5 East, W.M.; and,

WHEREAS, the Board of County Commissioners determined the Planning Commission was correct in determining that Map 1, Map 3 (Alternative 3) and the Petition Map did not meet the needs of the community as a whole, nor provide the best protection of the health, safety, and general welfare of the community as a whole; and,

WHEREAS, the Board of County Commissioners’ Map (modified Planning Commission’s Recommended Map) allows for a substantial increase of over 1,800 acres of Rural Lands 5 designation over the currently existing designations, retains all of the existing Rural Lands 2 designations in the zoned area, does not take away any existing ability to divide land in the zoned area, provides for the protection of Resource Lands of Long-Term Commercial Significance, allows for single family homes in the previous Conservancy areas if the area was not part of the commercial timber areas, provides protection for existing family farms and forestry operations from residential encroachment, provides protection for the residential areas (Rural Lands) from encroachment of new mineral resource extraction sites, provides for neighborhood commercial potential, provides for a benefit to existing small-scale forestry areas (Forest Lands 20) by allowing single family dwellings outright without the need for a conditional use permit, determines the areas retained as Rural Lands 10 designation are not suitable for conversion to Rural Lands 5 designation due to steep slopes, steams, wetlands, habitat areas, poor road conditions and/or unstable soils, and determines the area shown as Rural Lands (2, 5, and 10) provides adequate area for the projected residential growth in the West End Community; and,

WHEREAS, the Board of County Commissioners reviewed the Planning Commission’s draft text of the Subarea Plan and the testimony provided, following a discussion thereon modified the text to allow mineral resources from the CRL40 designation to be used on forest roads in the FL20 designation, to allow existing legally established mineral extraction sites in the Rural Lands areas to expand if approved by conditional use permit, to allow existing legally established church camps, scout camps, and youth camps in the Rural Lands 2 to expand if approved by conditional use permit, to allow single family dwellings (with 2 acre minimum lot sizes) and meeting halls outright and RV Parks by conditional use permit in the Neighborhood Commercial designation, and to allow General Goal 8 to include a statement regarding recognizing the need for public transportation; and,

WHEREAS, based upon public comment, both written and oral, the findings of fact and conclusions of law the Board of County Commissioners determined unanimously that the West End Community Comprehensive Subarea Plan, as modified, and the Planning Commission’s Recommended Map, as modified, protects the general health, safety and welfare of the public and should be approved; and,

NOW THEREFORE, BE IT RESOLVED, that the Skamania County Board of Commissioners adopts and endorses the Final West End Community Comprehensive Subarea Plan and Associated Plan Maps which amend the 1977 Comprehensive Plan “A”; and,

BE IT FURTHER RESOLVED, that the Final West End Community Comprehensive Subarea Plan and Associated Plan Maps shall serve as a guideline to be used in the creation of zoning text and maps for the West End Community.

PASSED IN REGULAR SESSION this 22^nd day of November 2004.