DRAFT
ORDINANCE 2006-02
(AN ORDINANCE ESTABLISHING A MORATORIUM ON THE ACCEPTANCE
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 not formally adopted the watershed plan and are continuing to negotiate changes to the watershed plan which could result in changes to the water reservation for the area within the proposed Swift Subarea Plan; and,
WHEREAS, the Lower Columbia Fish Recovery Board, the Washington State Department of Ecology, the Washington State Department of Fish and Wildlife and Skamania County are currently in disagreement regarding the water reservation and its affect on development in Skamania County; 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 will be 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 establish a moratorium on the acceptance and processing of land divisions (subdivisions, short subdivisions, and exempt divisions by deed), the acceptance and processing of building permit applications requiring the 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 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 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,
NOW, THEREFORE BE IT HEREBY ORDAINED
REVIEWED under Consent Agenda this 30th day of January 2006, and set for public hearing on the 13th day of February 2006 at 3:00 o’clock p.m.
BOARD OF COUNTY COMMISSIONERS
SKAMANIA COUNTY, WASHINGTON