HomeMy WebLinkAboutOrdinance 14-020-CC r
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BOARD OF COUNTY COMMISSIONERS
' GRANT COUNTY,WASHINGTON
ORDINANCE: 14- �v?v -CC
"An Ordinance amending C�apter 13 of the Grant County Comprehensive Plan, Chapter
24.12 of the Grant County Code, the repeal of existing Chapter 24.12 of the Grant County
Code,the repeal of the 1975 Shoreline Master Program, and the adoption of the companion
documents relevant to the updated Shoreline Master Program"
Recitals:
WHEREAS, Chapter 90.58.080(2)(a)(v)RCW establishes that on or b fore December 1,
2013, Grant County must develop or amend its shoreline master program in ac ordance with the
provisions of the Shoreline Management Act, and;
WHEREAS, Chapter 90.58.080(8) RCW allows for one additional year from the
requirement of 90.58.080(2)(a)(v)for local government completion of the SMP update, and;
W�IEREAS, the current Shoreline Master Program was originally approved by the
Washington State Department of Ecology in 1975, and has not been substantively revised since
that date, and;
WHEREAS, the current Shoreline Master Program does not reflect existing conditions
and does not effectively implement the requirements of Chapter 90.58 RCW nor Title 173-26
WAC , and;
�VHEREAS, Grant County entered into a Shoreline Update Coalition with the cities and
towns of Coulee City, Electric City, Grand Coulee, Krupp, Soap Lalce, and Wilson Creelc to
combine grant funding for the update process,and;
WHEREAS, Grant County entered into a grant contract with the Washington State
Department of Ecology effective July 1, 20ll (executed January 30, 2012) to complete a
Shoreline Master Program consistent with the Shoreline Management Act and Shoreline Master
Program Guidelines, and;
WHEREAS, Grant County issued a Notice of Application that provided for a 30-day
public comment period from February 5, 2014 to March 6, 2014, and;
WHEREAS, Grant County satis�ed the requirements of Title 197-11 WAC in issuing a
Determination of Non-Significance for this update on March 6,2014, and;
WHEItEAS, the Grant County Planning Commission conducted an open-record public �
hearing on March 19, 2014 to accept public testimony and consider the proposed amendments to ;
the Comprehensive Plan and Unified Development Code, and; ;
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WH�REAS, on March 19, 2014 the Grant County Planning Commission voted
� unanimously to recommend to the Board of County Commissioners approval of the proposed
Comprehensive Plan and Unified Development Code amendments as specified herein, and;
WHEREAS, the Board of County Commissioners of Grant County held an open record
public hearing on Apri19, 2014, and;
WHEREAS, the Board of County Commissioners have been advised by the Grant
County Planning Department that the proposed Comprehensive Plan and Uni�ed Development
Code amendments were processed in accordance with the requirements of UDC Chapter 25.12
"Legislative Action"; and,
WHEREAS, the Grant County Board of County Commissioners accepted the
recommendation of the Grant County Planning Commission at its public hearing on April 9,
2014, and;
WHEREAS, notice of all public hearings and public meetings on this matter have been
published according to law, and;
WHEREAS, the Grant County Board of County Commissioners have established
twenty-nine(29)Findings of Fact attached hereto as"Attachment A", and;
WHEREAS, the Grant County Board of County Commissioners establish six (6)
Conclusions attached hereto as"Attachment B".
NOW, THEREFORE, the Grant County Board of County Commissioners does hereby
ordain an amendment to Chapter 13 of The Grant County Comprehensive Plan to reflect the new
goals and policies of the updated SMP, and;
I3E IT FURTHER, ordained that the Grant County Board of County Commissioners
repeal Chapter 24.12 of the Grant County Code as it is currently established, and;
BE IT FURTHER, ordained that the Grant County Board of County Commissioners
repeal the existing 1975 SMP, and;
BE IT FURTHER, ordained that the Board of County Commissioners adopt the updated
SMP as the new Chapter 24.12 of the Grant County Code (with amendments speci�ed by the
Planning Commission and the Board of County Commissioners), and;
BE IT FURTHER, ordained that the Grant County Board of County Commissioners
adopts the companion documents to the SMP including the Cumulative Impacts Analysis Report,
Restoration Plan, Inventory and Characterization Report, and the Riparian Buffer Guidance
, Document, and;
BE IT FURTHER, ordained that the Grant County Board of County Commissioners
remove all portions of Sand Hollow Wasteway upstream of the Highway 26 crossing culvert as
well as the entirety of Trail Lake from the SMP,and;
BE IT FURTHER, ordained that the effective date of the updated Grant County
Shoreline Master Program, the repeal of the 1975 Grant County Shoreline Master Program, the
repeal of Chapter 24.12 Grant County Code, the amendment of Chapter 13 of the Grant County
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Comprehensive Plan, and the adoption of the companion documents to the SMP sha11 be
concurrent with the adoption of the Grant County Shoreline Master Program by tlie Washington
State Department of Ecology. ,�,
✓
PASSED AND ADOPTED this�day of April 2014.
BOARD OF COUNTY
COMMISSIONERS
Yea N�a� Abstain GRANT COUNTY, WASHINGTON
❑ ❑ ❑ '�:� �� ��
Carolann Swartz, Chair
ATT T; _._...___.__.___
� � � Richard Stevens, Vice-Chair
Clerlc of the oar 1 �
LI ❑ ❑
�
C y Cat r, Member
Constituting the Board of County Commissioners of Grant County,Washington
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Attachment A— Findin�s of Fact
The Board of County Commissioners make the following findings in their adoption of the
updated Shoreline Master Program:
1. Grant County is required to comply with the requirements of Chapter 36.70A
RCW. The County adopted a Comprehensive Plan in 1999, and updated that
document as required in 2006. The County's next update of the Comprehensive
Plan is not scheduled unti12018.
2. The Washington State Legislature passed the Washington State Shoreline
Management Act(RCW 90.58) in 1971. Under the SMA, each affected county
and city is required to adopt and administer a local Shoreline Master Program to
car�y out the provisions of the Act.
3. The Shoreline Master Program Guidelines (Title 173-26 WAC) are the standards
and guidance that have been adopted by the Washington State Department of
Ecology which local governments must follow in drafting their local shoreline
management programs.
4. The Grant County Shoreline Master Program was originally approved by the
Department of Ecology in 1975, and has not had a significant update since that
time.
5. Pursuant to the SMA, Grant County and the Washington State Department of
Ecology share joint authority and responsibility for the administration of the
Grant County Shoreline Master Program. Because the Grant County SMP is
approved and adopted by the Department of Ecology, it has the authority of state
law.
6. In 1995,the State Legislature amended the Growth Management Act(Chapter
36.70A RCW) and the SMA to partially integrate the provisions of the two
statutes. The amendments collectively added the goals and policies of the SMA
as a 14th planning goal under the GMA and clarified that the goals and policies of
an approved SMP shall constitute a shoreline element of the county's
comprehensive plan(Chapter 36.70A.480 RCW). The Legislature also directed
the Department of Ecology to update the State Shoreline Guidelines to ensure
consistency with the SMA and GMA.
7. Pursuant to Chapter 36.70A.480 RCW, the goals and policies of the SMP are
incorporated into the Grant County Comprehensive Plan as a part of the Natural
Setting Element.
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8. Legislation passed in 2004 (ESHB 1933) clari�'ied that critical areas within
shorelines are to be `designated' under the GMA, but"protected"by the SMP at a
level that is "at least equal to"the County's adopted critical areas ordinance.
9. In December 2003, the Department of Ecology adopted revised Shoreline Master
Program Guidelines (Title 173-26 WAC).
10. Pursuant to Chapter 90.58.080 RCW, Grant County is required to review and
update its existing 1975 Shoreline Master Program to ensure conformance with
the required elements of the 2003 Shoreline Master Program Guidelines.
1 L Grant County Entered into a grant contract with the Department of Ecology
effective July l, 2011 to complete the Shoreline Master Program Update
consistent with the SMA and SMP Guidelines.
12. A public participation plan was prepared consistent with the grant contract with
the Department of Ecology and submitted to the Department of Ecology by
January 2012.
13. Grant County contracted with Anchor QEA (with Oneza Associates as a
subcontractor)to provide consulting services and development of the various
components of the SMP update process.
14. Pursuant to Title 173-26-201 WAC, when updating its SMP, Grant County is
required to identify and assemble the most current, accurate and complete
scientific and technical information applicable to the shoreline issues of concern
in Grant County.
15. Title 173-26-201(3)(c) and (3)(d) WAC require Grant County to document
existing shoreline conditions and present a baseline inventory and characterization
of ecosystem-wide processes and shoreline ecological functions with Grant
County. A shoreline inventory and characterization report has been developed in
association with the SMP.
16. The Grant County Planning Commission served as the `citizen advisory
committee' for the County's update process. The Planning Commission reviewed
all of the elements of tha SMP update at twelve (12) open workshops on Apri14,
2012, May 2, 2012, June 6, 2012,November 7, 2012,November 28, 2012,
January 2, 2013, February 6, 2013, March 6, 2013, Apri13, 2013, June 5, 2013,
October 2, 2013, January 8, 2014.
17. The Draft SMP was released for its official public comment period on February 5,
2014 with a 30-day comment period which expired on March 6, 2014.
18. A Notice of Application(including SEPA threshold determination and notice of
the Planning Commission hearing)was issued on February 5, 2014, and published
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in the Columbia Basin Herald, Quincy Valley Post Register (2/6), The Star, the
Grant County Journal(2/6), and the Mattawa Area News. Approximately 2,600
notices were sent to property owners, agencies, and known persons of interest.
Electronic copies of the SMP materials were also sent to the libraries located in
Grant County for public viewing.
19. The Washington State Department of Commerce was provided a 60-day notice of
intent to adopt on February 5, 2014.
20. The County issued a Determination of Non-Significance under Title 197-11-355
WAC on March 6, 2014.
21. Grant County received six (6) comments during the comment period. Comments
were received from Agri Beef Co., Gary Mann, Kris Dexter, Grant County Public
Worlcs, Bureau of Reclamation, and Department of Archaeology and Historic
Preservation. Those comments have been considered by the Planning
Commission in making its recommendation to the Board of County
Commissioners.
22. Concurrent with the Department of Ecology adoption of the SMP, the 1975 Grant
County Shoreline Master Program and Chapter 24.12 of the Grant County Code
shall be repealed.
23. Concurrent with the Department of Ecology adoption of the SMP, Chapter 13 of
the Comprehensive Plan shall be updated with the goals and policies of the
updated SMP.
24. Any additions identified by the Planning Commission and subsequently approved
by the Board of County Commissioners or any typographical corrections or
formatting amendments required through the codification process shall be made
by the Planning Department as necessary. No substantive amendments of
language are authorized.
25. The Grant County Planning Commission conducted an open record public
hearing on March 19, 2014 for the purposes of deliberating on the proposed
amendments, consider public testimony of the same, and formulate a
recommendation to the Board of County Commissioners.
26. The Planning Commission forwarded a recommendation of approval to the Board
of County Commissioners on March 19, 2014.
27. The Grant County Planning Commission directed Planning Staff and Anchor
QEA to re-evaluata the inclusion of Sand Hollow Wasteway in the Shoreline
Master Program.
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28. The Grant County Board of County Commissioners conducted an open record
public hearing on Apri19, 2014 pursuant to the requirements of GCC 25.12
"Legislative Actions".
29. The Board of County Commissioners have re-evaluated the inclusion of Sand
Hollow Wasteway in the SMP and have concluded that only the portion of Sand
Hollow Wasteway downstream of the Highway 26 culvert meets the criteria of
Chapter 90.58 RCW for inclusion in the Grant County Shoreline Master Program.
In addition, Trail Lake (located near the Bacon Sipphon) is to be removed from
the SMP in its entirety.
Attachment B — Conclusions of the Board of Countv Commissioners
1. The proposed Grant County SMP is consistent with and implements the goals,
policies, and requirements of the Washington State Shoreline Management Act,
Washington State Growth Management Act, Washington State Shoreline Master
Program Guidelines, Grant County Comprehensive Plan, and Countywide
Planning Policies.
2. The proposed shoreline environmental designations, as presented in the SMP,
have been applied to the shoreline areas after consideration of information
gathered in the IAC, existing and future development patterns, policies in the
SMA, public versus private land ownerships, and are consistent with the State
Shoreline Master Program Guidelines, and are generally consistent with the Grant
County Comprehensive Plan and the Grant County Zoning Map.
3. The proposed goals,policies, shoreline environment designations, regulations,
and procedures set forth in this SMP are essential to the protection of the public
health, safety, and general welfare of the people of Grant County.
4. Implementation of the public participation plan facilitated early and continuous
public participation in drafting the SMP.
5. The procedural and substantive requirements of the State Environmental Policy
Act have been complied with.
6. The effectiva date of the Grant County Shoreline Master Program, the repeal of
the 1975 Shoreline Master Program, the repeal of Chapter 24.12 Grant County
Code, and the amendment of Chapter 13 of the Grant County Comprehensive
Plan shall be concurrent with the adoption of the Grant County Shoreline Master
Program by the Washington State Department of Ecology.
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