HomeMy WebLinkAboutOrdinance to Amend and Adopt SMPSMP Periodic Review Update Ordinance May 18, 2021
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BOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
Ordinance NO. _________
AN ORDINANCE CONCERNING THE SHORELINE MASTER PROGRAM PERIODIC
REVIEW REQUIRED BY RCW 90.58.080(4)
WHEREAS, the Shoreline Management Act (SMA) requires Kittitas County to develop and administer a
Shoreline Master Program (SMP); and
WHEREAS, Kittitas County adopted a comprehensive SMP update as required by RCW 90.58.080(2),
which was effective as of March 7, 2016; and
WHEREAS, RCW 90.58.080(4) requires Kittitas County to periodically review and, if necessary, revise
the master program on or before June 30, 2021; and
WHEREAS, the review process is intended to bring the SMP into compliance with requirements of the act
or state rules that have been added or changed since the last SMP amendment, ensure the SMP remains
consistent with amended comprehensive plans and regulations, and incorporate amendments deemed
necessary to reflect changed circumstances, new information, or improved data; and
WHEREAS, Kittitas County obtained grant funds from Washington State administered through the
Department of Ecology (Grant Agreement No. SEASMP-1921-KCCDS-00091) and accepted such funds
to conduct such work; and
WHEREAS, Kittitas County developed a public participation program for this periodic review in
accordance with WAC 173-26-090(3)(a) to inform, involve and encourage participation of interested
persons and private entities, tribes, and applicable agencies having interests and responsibilities relating to
shorelines; and
WHEREAS, Kittitas County has followed its adopted public participation program, including providing
interested parties with timely information, an understanding of the process, and multiple opportunities to
review and comment on the proposed amendments to the SMP. Kittitas County encouraged interested
parties to review and comment on proposed changes with four (4) public comment periods. Kittitas County
provided information on the proposed amendments with an SMP periodic review website, and advertised
all comment periods with the newspaper of record; and
WHEREAS, Kittitas County used Ecology’s checklist of legislative and rule amendments to review
amendments to chapter 90.58 RCW and department guidelines that have occurred since the master program
was last amended, and determine if local amendments are needed to maintain compliance in accordance
with WAC 173-26-090(3)(b)(i); and
WHEREAS, Kittitas County reviewed changes to the comprehensive plan and development regulations to
determine if the shoreline master program policies and regulations remain consistent with them in
accordance with WAC 173-26-090(3)(b)(ii); and
SMP Periodic Review Update Ordinance May 18, 2021
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WHEREAS, Kittitas County considered whether to incorporate any amendments needed to reflect changed
circumstances, new information or improved data in accordance with WAC 173-26-090(3)(b)(iii); and
WHEREAS, Kittitas County prepared an environmental checklist required by the State Environmental
Policy Act (SEPA) on December 16, 2020 and issued a Determination of Non-Significance on December
22, 2020 on the environmental impact from the adoption of the proposed SMP; and
WHEREAS, Kittitas County provided Notice of Intent to Adopt to the Washington State Department of
Commerce in accordance with WAC 173-26-100(5); and
WHEREAS, Kittitas County consulted with the Department of Ecology and solicited comments; and
WHEREAS, Kittitas County published a legal notice in The Daily Record on January 12, 2021 and January
19, 2021, and a legal notice in the Northern Kittitas County Tribune on January 14, 2021 for a joint public
hearing on the proposed amendments, including a statement that the hearings were intended to address the
periodic review in accordance with WAC 173-26-090(3)(c)(ii); and
WHEREAS, Kittitas County conducted a formal joint public comment period with the Department of
Ecology in compliance with requirements of WAC 173-26-104; and
WHEREAS, Kittitas County Planning Commission held a virtual joint public hearing with the Department
of Ecology on February 9, 2021 to receive testimony on topics the public believed should be addressed
during the periodic review; and
WHEREAS, Kittitas County submitted the draft SMP amendments to the Department of Ecology for an
initial determination on February 26, 2021; and
WHEREAS, Kittitas County received the Department of Ecology’s Initial Determination of Concurrence
on March 23, 2021; and
WHEREAS, Kittitas County published a legal notice in The Daily Record on March 30, 2021 and April 6,
2021, and a legal notice in the Northern Kittitas County Tribune on April 1, 2021 for an optional virtual
Planning Commission public hearing on the proposed amendments, including a statement that the hearings
were intended to address the periodic review in accordance with WAC 173 26-090(3)(c)(ii); and
WHEREAS, due to a lack of quorum, the optional Planning Commission public hearing scheduled for April
13, 2021 was canceled; and
WHEREAS, a Public Hearing Notice was posted in The Daily Record on April 22, 2021 and April 29,
2021, and said notice was mailed to stakeholders, agencies, and interested parties; and
WHEREAS, the Kittitas County Board of County Commissioners held a virtual public hearing on May 4,
2021 to consider amendments to the Shoreline Master Program; and
WHEREAS, the Kittitas County Board of County Commissioners after considering all public comments
and evidence, and after deliberation and considering the hearing record, including the Department of
Ecology’s Initial Determination of Concurrence, approved the proposed amendments at the May 4, 2020
hearing; and
WHEREAS, this completes Kittitas County’s required process for periodic review in accordance with RCW
90.58.080(4) and applicable state guidelines (WAC 173-26).
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NOW, THEREFORE, BE IT RESOLVED BY THE KITTITAS COUNTY BOARD OF
COUNTY COMMISSIONERS:
The Commission hereby finds that the review and evaluation required by RCW 90.58.080(4) have occurred,
as described in the recitals above.
NOW, THEREFORE, BE IT RESOLVED BY THE KITTITAS COUNTY BOARD OF
COUNTY COMMISSIONERS:
That Kittitas County Code Title 17B is hereby amended to read as set forth in Exhibit A attached to this
ordinance and incorporated herein by this reference.
NOW, THEREFORE, BE IT RESOLVED BY THE KITTITAS COUNTY BOARD OF
COUNTY COMMISSIONERS:
The Commission hereby adopts the above referenced SMP revisions and finds the amended SMP consistent
with the requirements of RCW 90.58 and WAC 173-26, as they apply to these amendments.
NOW, THEREFORE, BE IT RESOLVED BY THE KITTITAS COUNTY BOARD OF
COUNTY COMMISSIONERS:
The Kittitas County Community Development Services Director or his designee or his designee is directed
to submit the SMP and associated documents to the Department of Ecology for their review and approval
prior to formal adoption. If/Once approved by the Department of Ecology no further action is necessary for
compliance with RCW 90.58.080(4) for the periodic review update due on June 30, 2021.
NOW, THEREFORE, BE IT RESOLVED BY THE KITTITAS COUNTY BOARD OF
COUNTY COMMISSIONERS:
The amendments for the SMP adopted through ordinance shall be effective 14 days after Department of
Ecology final action is provided by RCW 90.58.090(7).
ADOPTED this _________day of ________________, 2021
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BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
_______________________________
Brett Wachsmith, Chairman
_______________________________
Laura Osiadacz, Vice-Chairman
_______________________________
Cory Wright, Commissioner
ATTEST: APPROVED AS TO FORM:
☐ Clerk of the Board- Julie Kjorsvik
☐ Deputy Clerk of the Board- Mandy Buchholz
________________________ __________________________
Neil Caulkins,
Deputy Prosecuting Attorney