CRITICAL AREAS ORDINANCE UPDATE: FINDINGS OF FACT 5/27/17
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1 CRITICAL AREAS ORDINANCE UPDATE: FINDINGS OF FACT // FINDINGS OF FACT, CONCLUSIONS AND S OF THE KITSAP COUNTY, TO THE BOARD OF COUNTY COMMISSIONERS, REGARDING THE PROPOSED AMENDMENTS TO KITSAP COUNTY CODE TITLE CRITICAL AREAS ORDINANCE General Background. The Kitsap county Planning Commission makes general findings as follows:. Kitsap County s Critical Areas Ordinance (CAO) (Title KCC) implements the requirements of Chapter.0A RCW, the Growth Management Act (the Act). RCW.0A.00 includes planning goal (0) Environment, to guide development regulations to protect the environment and enhance the state s high quality of life, including air and water quality, and the availability of water.. RCW.0A.00 directs the Washington Department of Commerce to adopt guidelines to guide the classification of critical areas, in consultation with the Department of Ecology. These are minimum guidelines that apply to all jurisdictions, but also allows for regional differences.. RCW.0A.00 directs the County to designate critical areas and adopt development regulations protecting these critical areas under RCW.0A.0 and.0a.00.. RCW.0a.0 () directs Kitsap County to take action to review, and if needed, revise their comprehensive plans and development regulations by June 0, 0. Whereas Kitsap County adopted its Comprehensive Plan in June of 0, and the Department of Commerce allows jurisdictions a one year grace period to complete updates to the associated development regulations, Kitsap County is under legislative authority to adopt this CAO amendment no later than June 0, 0.. In 00, the legislature established a new rule in WAC --0 on the integration of the Shoreline Management Act (SMA) with the GMA. This rule addressed overlaps between designated critical areas and shorelines of the state.. In 00, the Department of Commerce established new rules in WAC - 0 regarding guidelines on critical area classification (best available science, maps), guidelines to classify wetlands (WAC -0-00), critical aquifer recharge areas (WAC -0-00), frequently flooded areas (WAC -0- Title KCC
2 CRITICAL AREAS ORDINANCE UPDATE: FINDINGS OF FACT // ), geologically hazardous areas (WAC -0-0), and fish and wildlife habitat conservation areas (WAC -0-0).. Also in 00, new rules were established in WAC -- addressing the protection of critical areas. This rule indicates that regulations must preserve the existing functions and values of critical areas, but if harm is allowed, they must require compensatory mitigation of the harm. It also addresses appropriate scales for evaluating functions and values, the use of both regulatory and non-regulatory measures, and the use of best available science, as referenced in chapter - WAC.. Kitsap County s Critical Areas Ordinance was first adopted in, and last amended in 00. Procedural History. The Kitsap County Planning Commission makes general procedural findings as follows:. The planning process for Kitsap County s CAO update began in 0 with a preliminary staff review of best available science since the last update, amendments to relevant state and federal mandates, recent court and Growth Management Hearings Board decisions, and any other known internal inconsistencies or code conflicts. The Planning Commission was briefed on this review, the Supplemental Best Available Science Review and Required Changes on February, The Board of County Commissioners approved the CAO Update Scope of Work, Schedule and Public Participation Plan at a briefing on March, 0. Included was the direction to convene an informal Working Group comprised of state and local agency technical experts (Department of Ecology, Department of Fish and Wildlife, Department of Natural Resources, Kitsap PUD, Kitsap Public Health) tribal representatives (Suquamish, Port Gamble S Klallam, Suquamish, Puyallup, Squaxin), and representatives from stakeholder organizations (Kitsap Builders Association, Kitsap Alliance of Property Owners, West Sound Conservation Council, FutureWise).. In April and May of 0, staff produced an initial red-line draft of Title, based on the changes identified in the Supplemental Best Available Science Review and Required Changes document. These were distributed to the Working Group, along with the Working Group: Purpose, Ground Rules and Schedule document. This document describes the Working Group as a technical sounding-board for County staff and to help fill in any gaps and to clarify best available science. Title KCC
3 CRITICAL AREAS ORDINANCE UPDATE: FINDINGS OF FACT // Working Group meetings were held on June 0 (Frequently Flooded Areas and Critical Aquifer Recharge), June 0 (Wetlands), July (Fish and Wildlife Habitat Conservation Areas), August (Geologically Hazardous Areas), and September (Special Reports, Appendices). Meeting notes were drafted and sent to all members for finalization, along with a revised draft based on their feedback at the meeting. Final comments were discussed on Frequently Flooded Areas and Critical Aquifer Recharge Areas at the September meeting, and the remainder at a final meeting on October, 0.. The Planning Commission was provided a briefings on the status and findings from the Working Group on August and November, 0. The November meeting included a brief on public outreach, which included the development of an online open house on the County s CAO page, and presentations to the Manchester, Kingston, Suquamish and Central Kitsap Citizen Advisory Councils.. On January, 0 the Planning Commission received a briefing on the expected changes to the draft. Due to internal and legal review the draft was not yet available. At a February briefing, the Board of County Commissioners were presented with a revised schedule, including an alternative extended deadline. The Board reserved that decision until after the initial public comment period.. On March, the Draft CAO was published for public review and comment through March, 0. This included whole drafts (underline/strike-out and clean versions), draft by chapter, Summary of Changes documents (whole document and by chapter), and Best Available Science Summary (whole document and by chapter). Notice was provided via press release and published on the County s main webpage, DCD page, and GovDelivery notices ( , Facebook, Twitter) to all recipients subscribed to the Department of Community Development or Critical Areas Ordinance.. On March, the online open house was launched. It included opportunities for a section by section review of the draft ordinance, including a summary of relevant BAS and proposed changes from the current CAO. Visitors were also able to provide comments and suggested revisions via an online comment form.. On March, the Planning Commission was briefed on the released draft materials. In-person public open houses were held on March (Kingston, Village Green Community Center), March (Port Orchard, County Administrative Building), and March 0 (Central Kitsap, Fairgrounds-Eagles Nest). Title KCC
4 CRITICAL AREAS ORDINANCE UPDATE: FINDINGS OF FACT // Following the public comment period and briefing by staff, on April, 0 the Board of County Commissioners made the decision to continue with the June 0, 0 adoption schedule.. The Planning Commission held two work studies on the draft CAO, April and April, 0. On April th, DCD also advertised via press release and GovDelivery, and published to the CAO webpage, all public comments as received through March st, summaries of those submitted comments, and County responses by topic or section to comment summaries. 0. Planning Commission hearings were properly noticed and held on April (Fairgrounds, President s Hall), April (Poulsbo City Hall), and May (Port Orchard, County Administrative Building). The Planning Commission held the hearing record open for written testimony through the end the May, 0 hearing. At each hearing venue, in-person open houses were conducted prior to each of the hearings.. The SEPA DNS (Determination of Non-significance) was noticed on April, 0 for a day public comment period through May 0, 0. No comments or appeals were received.. On May and, the Planning Commission held deliberations on the draft CAO. Prior to deliberations, staff provided the Planning Commission with a matrix comparing the current CAO with changes in the draft, as well as staff supported recommendations based on all public comment to-date.. Following deliberations on May, the Planning Commission voted to to recommend approval of the draft CAO and incorporating the text revisions voted on during the deliberation meetings.. Additional motions were unanimously approved to adopt the Critical Areas map, as presented on May, for informational purposes only, and to support an implementation delay of 0 days after adoption. Substantive Findings and Conclusions. The Kitsap County Planning Commission makes the following substantive findings and conclusions:. The proposed CAO submitted herewith is consistent with the statewide planning goals contained within the Growth Management Act. Title KCC
5 CRITICAL AREAS ORDINANCE UPDATE: FINDINGS OF FACT // 0 0. The proposed CAO is consistent with the County Wide Planning Policies and with the goals and policies contained in the Kitsap County Comprehensive Plan.. The proposed CAO is consistent with RCW.0A, as well as existing and amended state rules, including Chapters -0, - and - WAC. NOW THEREFORE, the Kitsap County Planning Commission recommends to the Board of County Commissioners as follows: : Adopt the proposed CAO text and map revisions as presented by staff and amended by the Planning Commission. The final recorded motion reads as follows: Move that the Planning Commission accept the Critical Areas Ordinance Update with the changes as presented in the draft and as amended during deliberations. This motion passed to and was supported by approved motions that made changes to the March, 0 CAO presented by staff. Attachments:. Appendix A: Planning Commission text revisions. Appendix B: Minority Report. Appendix C: Critical Areas Map Approved by the Planning Commission of Kitsap County, Washington, at a regular meeting thereof, held this th day of June, 0. By Robert Baglio, Chair Title KCC
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