RESOLUTION 2007-01

 

(Amending the Public Participation Program (PPP) for Comprehensive Plan updates and development regulation changes related to the 2006-2008 Critical Areas Update and Resolution 2006-01)

 

WHEREAS, RCW 36.70A.140 requires the County to establish and broadly disseminate to the public a public participation program (PPP) to identifying procedures providing for early and continuous public participation in the development and amendment of comprehensive land use plans and development regulations implementing such plans, only to the extent the County is required to plan under the Growth Management Act; and,

 

WHEREAS, Skamania County is one of ten counties not required to fully plan under the Growth Management Act; and,

 

WHEREAS, Skamania County completed a review of the Comprehensive Plan and development regulations related to Natural Resource Lands and determined on August 2, 2005, that an update was not necessary; and,

 

WHEREAS, since the only portion of the Growth Management Act that applies in Skamania County is the portions requiring protection of Natural Resources Lands and Critical Areas, and the Natural Resource Lands review has been completed, then the PPP only applies to Comprehensive Plan Updates and development regulation related to the 2006 - 2008 Critical Areas Update; and,

 

WHEREAS, RCW 36.70A.140 also states that errors in exact compliance with the established program and procedures shall not render the comprehensive land use plan or development regulation invalid if the spirit of the program and procedures is observed; and,

 

WHEREAS, Skamania County adopted a Public Participation Program on January 9, 2006 by Resolution 2006-01; and,

 

WHEREAS, Skamania County is required to review and revise, if needed, the Comprehensive Plan and development regulations for Critical Areas on or before December 1, 2008 (the Legislature granted a three year extension to the December 1, 2005 deadline for all “2005” Counties) to be consistent with the current requirements of the Growth Management Act; and,

 

WHEREAS, Skamania County completed the compliance review in June 2006; and,

 

WHEREAS, additional time is necessary to complete the 2006 - 2008 Critical Areas Update process; 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 amend the public participation program (PPP) for Comprehensive Plan updates and development regulation changes related to the 2006 - 2008 Critical Areas Update, on January 30, 2007, in the Board of County Commissioner’s Meeting Room at 1:30 p.m.­­­­­; and,

 

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

 

NOW THEREFORE, BE IT RESOLVED, that the Skamania County Board of Commissioners amended the attached public participation program (PPP) for Comprehensive Plan updates and development regulation changes related to the 2006 - 2008 Critical Areas Update as follows:

 

PASSED IN REGULAR SESSION this 30th day of January ­­­­­­­2007.

 


 

Skamania County

PUBLIC PARTICIPATION PROGRAM

2006-2008 Critical Areas Update Process

(Revised January 30, 2007)

 

INTRODUCTION:

 

The Growth Management Act (GMA) mandates a “review timeline schedule” for each County within the State of Washington to review and update, if necessary, its Comprehensive Plan and development regulations for consistency and continued compliance with those portions of the GMA applicable to that particular County.  Skamania County is one of ten counties in the State of Washington that is required to only partially plan under GMA.  The scheduled review timeline for Skamania County to review and update, if necessary, is December 1, 2005.  However, in 2006, the Washington State Legislature adopted a change in the GMA that allows a three (3) year extension to all of the 2005, 2006 and 2007 counties.  By December 1, 2008, Skamania County is required to review and update, if necessary, its Comprehensive Plan and development regulations to be consistent and in continued compliance with GMA for Critical Areas.

 

GMA also requires local governments establish and broadly disseminate to the public a Public Participation Program identifying procedures providing for early and continuous public participation in the development and amendment of comprehensive land use plans and development regulations implementing such plans, only to the extent the County is required to plan under the GMA.  In Skamania County, only Critical Areas and Natural Resource Lands GMA planning is required.  Since the Natural Resource Lands review was completed on August 2, 2005, this Public Participation Program only applies to the 2006-2008 Critical Areas Update.

 

The 2006-2008 Critical Areas Update Process is a legislative process, not a quasi-judicial one.  Any final action by the Board of County Commissioners through this process is a legislative action.  Legislative action means the adoption of a resolution or ordinance following notice and a public hearing indicating at a minimum, a finding that a review and evaluation has occurred and identifying the revisions made, or that a revision was not needed and the reasons therefore.  Since Skamania County is only partially planning under GMA, any legislative action taken by the Board of County Commissioners may be appealed to Superior Court as a legislative action.  However, legislative actions do not meet the definition of “land use decision” and therefore cannot be appealed under the procedures in RCW 36.70C.  Additionally, legislative actions in Skamania County cannot be appealed to the Growth Management Hearings Board (GMHB) under the procedures in RCW 36.70A.290, since Skamania County is one of the ten counties in Washington State that is only partially planning under GMA and not within the GMHB jurisdiction. 

 

This Public Participation Program describes the steps Skamania County will take to meet the requirements of RCW 36.70A.130(2)(a) by involving the community in its decisions regarding the 2006-2008 Critical Areas Update Process.

 

SCHEDULE:

 

The schedule for the 2006-2008 Critical Areas Update Process consists of three basic phases:

·                     Establish the Public Participation Program              January 2006

·                     GMA Compliance Review for Critical Areas              February through June 2006

·                     Draft and Adopt Update and Regulations               June 2006 through November 2008

 

Phase 1 – Establish the Public Participation Program

 

Phase 1 is represented by the development and adoption of this Public Participation Program.  The Public Participation Program was adopted by Resolution 2006-01 on January 9, 2006 at a public hearing conducted by the Board of County Commissioners.  Prior to the public hearing, notice of intent to establish this program was published in the official newspaper of general circulation.  The Public Participation Program was amended by Resolution 2007-01 on January 30, 2007 at a public hearing conducted by the Board of County Commissioners.

 

As provided in RCW 36.70A.140, errors in the exact compliance with the established program and procedures shall not render the comprehensive land use plan or development regulations invalid if the spirit of the program and procedures is observed.

 

Phase 2 – GMA Compliance Review

 

Planning Department staff (Planning staff) reviewed the 1996 Critical Areas Amendment to Comprehensive Plan “A” and the Critical Areas development regulations in Skamania County Code Title 21A for compliance with the Growth Management Act.  The Planning staff provided notice to the public indicating the 2006-2008 Critical Areas Update Process began, and that written comments and suggestions on potential changes submitted to the Department of Planning & Community Development by March 31, 2006 were included in the presentation to the Board of County Commissioner.  During March 2006 the Planning staff participated in two open house/workshops to inform the public of 2006-2008 Critical Areas Update Process.  Planning staff presented the results of the review and all comments received by March 31, 2006, to the Board of County Commissioners at a workshop meeting (June 2006).  In June 2006, the Board of County Commissioners authorized the Planning Department to initiate the drafting of  replacements to the 1996 Critical Areas Amendment to Comprehensive Plan “A” and the Critical Areas development regulations.

 

Phase 3 – Draft and Adopt Update and Regulations

 

Planning staff began drafting the necessary changes to the 1996 Critical Areas Amendment to Comprehensive Plan “A” and the Critical Areas development regulations.  Planning Commission and Board of County Commissioners workshop meetings on the draft Comprehensive Plan changes will likely begin in May 2007.  Additional public meetings and at least two public hearings (likely in June 2007) will be scheduled before the Planning Commission, as needed, to make recommendations to the Board of County Commissioners.  Any revisions to the Comprehensive Plan must be adopted by resolution of the Board of County Commissioners, following public notice and at least two public hearings (likely in July and August 2007).

 

Planning Commission and Board of County Commissioners workshop meetings on the draft development regulation changes will likely begin in June 2008.  Additional public meetings and at least two public hearings (likely in July and August 2008) will be scheduled before the Planning Commission, as needed, to make recommendations to the Board of County Commissioners.  Any revisions to the development regulations must be adopted by ordinance of the Board of County Commissioners, following public notice and at least two public hearings (likely in September and October 2008).

 

PUBLIC PARTICIPATION:

 

Opportunities for public participation will be provided throughout the 2006-2008 Critical Areas Update Process to encourage early and continuous public participation.  County residents are encouraged to actively participate in the process by attending advertised public meetings, workshops, and public hearings of the Planning Commission and the Board of County Commissioners, visiting the Skamania County website, or contacting Planning staff.

 

One of the greatest challenges of governance is finding a balance between the interests of the community as a whole and those who have a special stake in a particular issue.  Public participation helps to strike that balance by looking for solutions that work for the entire community, not just for a small group of individuals.

 

Although participating does not always mean prevailing, it does make government a partnership effort.  That is something positive, because when citizens are actively involved in their government, the decisions can better reflect the will of the people.  However, the final decision is made by the Board of County Commissioners who are elected by the will of the people.

 

Written Comments

 

Written Comments are welcome throughout the 2006-2008 Critical Areas Update Process.  All written comments on suggested changes to the 1996 Critical Areas Amendment to Comprehensive Plan “A” and the Critical Areas development regulations in Skamania County Code Title 21A that were submitted to the Department of Planning and Community Development prior to March 31, 2006, were included in the Department’s GMA Compliance Review report to the Board of County Commissioners (June 2006).  Opportunities for formal public comment on the draft changes will be provided at public hearings before the Skamania County Planning Commission and the Skamania County Board of County Commissioners.  To ensure consideration, written comments must be received by Skamania County by 5:00pm on the day of the public hearing or in person by the close of the public hearing.  All written comments submitted by mail should be sent to:

          Skamania County Department of Planning & Community Development

          2006-2008 Critical Areas Update Process

          P.O. Box 790

          Stevenson, WA 98648

 

All written comments submitted by fax should be sent to:

          Skamania County Department of Planning & Community Development

          2006-2008 Critical Areas Update Process

          Fax Number 509-427-3907

 

Web Page

 

The Skamania County Department of Planning & Community Development maintains a web page on the County’s homepage (www.skamaniacounty.org), which is an effective means for the public to follow the 2006-2008 Critical Areas Update Process.  There will be an area provided for “Feedback on 2006-2008Critical Areas Update” for interested parties to provide their comments or leave their email address for email notification of future meetings and public hearings on the 2006-2008 Critical Areas Updates.

 

Mailing Lists

 

Skamania County Planning staff will maintain and utilize a list of interested persons and organizations having requested to receive notices of scheduled public meetings and hearing for the 2006-2008 Critical Areas Update process.  Individuals and organizations interested in being on the mailing list should contact the Skamania County Department of Planning & Community Development, P.O. Box 790, Stevenson, WA 98648 of their written request.

Planning Commission Meetings

 

The Planning Commission is the citizen panel that provides recommendations about Comprehensive Plan and development regulation changes to the Board of County Commissioners.  The Planning Commission meetings will be the primary source of public involvement during the 2006-2008 Critical Areas Update Process.  Planning staff will perform research and analysis, report preparation, and will attend the workshop meetings and public hearings (which are open to the public for comment). 

 

Public Hearings

 

All public hearings scheduled before the Planning Commission and the Board of County Commissioners will be held after official notice and will include opportunities for both oral and written comment.  The two Planning Commission public hearings on the Comprehensive Plan changes will likely be held in June 2007 and the two Board of County Commissioner public hearings will likely be held in July and August of 2007.  The two Planning Commission public hearings on the development regulation changes will likely be held in July and August of 2008 and the two Board of County Commissioner public hearings will likely be held in September and October of 2008.

 

All persons desiring to speak will be allowed to do so, consistent with time constraints.  All comments and recommendation by the public will be considered.  Adequate time should be provided between the time of any public hearing and the date of adoption to evaluate and respond to public comment.  A summary of public comments will be included in the record of adoption of the changes to the Comprehensive Plan and the development regulations.

 

Notification and Dissemination of Information

 

Skamania County may use a variety of methods to inform the public about upcoming public meetings, public hearings, availability of relevant planning documents and reports that are related to the 2006-2008 Critical Areas Update Process, including but not limited to:

 

  • Web Page:  The Skamania County Department of Planning & Community Development maintains a web page on the County’s homepage (www.skamaniacounty.org), which is an effective means for the public to follow the 2006-2008 Critical Areas Update Process.  There will be an area provided for “Feedback on 2006-2008 Critical Areas Update” for interested parties to provide their comments or leave their email address for email notification of future meetings and public hearings on the 2006-2008 Critical Areas Updates.
  • Mailing Lists:  Skamania County Planning staff will maintain and utilize a list of interested persons and organizations who have requested to receive notices of scheduled public meetings and hearing for the 2006-2008 Critical Areas Update process.  Individuals and organizations interested in being on the mailing list should contact the Skamania County Department of Planning & Community Development, P.O. Box 790, Stevenson, WA 98648 of their written request.

·                     News Releases:  Skamania County will issue new releases announcing the beginning of the 2006-2008 Critical Areas Update Process, public meetings, public hearings, and comment periods to local media including but not limited to:  Skamania County Pioneer, Camas-Washougal Post Record, White Salmon Enterprise, Columbian, Hood-River News, Oregonian, and those that request to be notified.

·                     Public Hearings:  Legal Public Notice of all public hearings regarding the review and update of the Comprehensive Plan and development regulations related to the 2006-2008 Critical Areas Update Process will be published under “Legals” in the Skamania County Pioneer.  The public notification will be provided at least ten (10) days before the date of the public hearing.  The public notice shall include the date, time, location and purpose of the public hearing.

 

PROJECT FILES:

 

An official project file containing adopted project materials will be available for public inspection during regular business hours (Monday through Friday, 8:30 a.m. to 5:00 p.m., except for holidays) at the Skamania County Department of Planning & Community Development.  The physical address is 170 NW Vancouver Avenue in Stevenson, Washington.

 

RECORDING OF MEETINGS:

 

All public meetings and public hearings before the Skamania County Planning Commission and the Board of County Commissioners will be audio recorded.  Copies of the audio recordings are available upon request using the County’s Request for Public Information procedures including the fees established by resolution of the Board of County Commissioner.  Minutes of the meetings and hearings will be available on the County web page.

 

UPDATES:

 

Skamania County views this Public Participation Program as the basic public involvement processes that will be followed during the 2006-2008 Critical Areas Update Process.  Additional public participation activities or the extension of project dates may be put into practice without changing this adopted program.  However, the public participation specified herein will not be reduced without formal amendment to this adopted program.  Such an amendment will only be made after an opportunity for public comment.