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HomeMy WebLinkAboutOrdinance 22-043-CCBOARD OF COUNTY COMMISSIONERS Grant County, Washington ADOPTING AN EXTENSION TO ORDINANCE NO. 21 -080 -CC RELATING TO ANY AND ALL NEW COMMERCIAL AND INDUSTRIAL WIND OR SOLAR PROJECTS REGARDLESS OF PERMIT TYPE FOR A PERIOD OF 90 ADDITIONAL DAYS. RECITALS: ORDINANCE No. 22- O�5 -CC WHEREAS, the Board of County Commissioner for Grant County enacted Ordinance No. 21 -080 - CC on August 3, 2021 placing a moratorium on the acceptance of any and all new commercial and industrial wind or solar projects; and, WHEREAS, the Board of County Commissioners for Grant County enacted Ordinance No. 22- 014 -CC on January 25, 2022 extending by 90 days the moratorium established by Ordinance and referenced above; and, WHEREAS, the Development Services Department has prepared draft regulations and conducted workshops with the Planning Commission to review those draft regulations on December 1, 2021 and January 19, 2022; and, WHEREAS, the Grant County Planning Commission has scheduled one additional workshop for February 9, 2022; and, WHEREAS, the Grant County Planning Commission conducted its required public hearing on the draft development regulations on April 6, 2022 to formulate a recommendation to the Board of County Commissioners for Grant County; and, WHEREAS, the Board of County Commissioners continues to believe that unless this land use issue is addressed immediately with reviewed or new zoning controls, wind and solar developments may proliferate through the County without adequate mitigation and/or zoning controls to ensure the facilities are consistent with the adopted goals and policies in the Comprehensive Plan; and, WHEREAS, the Board of County Commissioners finds that this issue presents an emergency condition within the County and that imposing a moratorium on any new applications for wind and solar developments is necessary to preserve the public health, safety, and welfare of the community; and, WHEREAS, RCW 36.70A.390 authorizes the Board of County Commissioners to enact a moratorium for a period of six (6) months subject to conducting a public hearing on the moratorium within sixty (60) days of its enactment; and, WHEREAS, RCW 36.70A.390 also authorizes the extension of the moratorium by one or more six (6) month periods as necessary; and, WHEREAS, the Board of County Commissioners for Grant County held an open record public hearing on April 26, 2022 to consider the Planning Commission recommendation and was unable to make a final decision and determined additional time is necessary; and, WHEREAS, the Board of County Commissioners for Grant County duly advertised and conducted an open record public hearing to consider this moratorium extension on May 3, 2022. NOW, THEREFORE, BE IT HEREBY ORDAINED THAT the Grant County Board of Commissioners further extends the moratorium enacted by Ordinance No. 21 -080 -CC, and extended 90 days by Ordinance No. 22 -014 -CC for an additional period of ninety (90) days from the extended expiration date of May 3, 2022. The new expiration date shall be August 1, 2022 at end of business. The moratorium shall continue to have the following effect: A. This moratorium shall not apply to the acceptance, processing, and issuance of any building permit applications for wind and solar generation sites that had an issued and valid land use permit in place prior to the effective date of this moratorium. B. This moratorium does not apply to an accessory solar panel(s) or residential accessory wind generation uses constructed on or adjacent to an existing private single-family residence for purposes of augmenting that specific single-family residence's energy resources. C. Should any part of this moratorium be found to be unlawful or unconstitutional and set aside, the remaining portions of the moratorium will remain in full effect. D. This moratorium is necessary to protect the public health, safety and general welfare. DATED thisd day of—M 2022. BOARD OF COUNTY ATTEST: C MMISSIONERS Yea Nay Abstain T CO Y, NYA agJINGTON ❑ ❑ ❑ Danny Vone, Chair AMe Cindy C ,ber ❑ ❑ ❑ Rob ember