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HomeMy WebLinkAboutResolution_Elk Meadows_LandUse MoratoriumKITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS 2023 AGENDA STAFF REPORT AGENDA DATE: May 16, 2023 ACTION REQUESTED: Request to Approve a Resolution to Enact a Moratorium on Land Use Development for any parcel in the Elk Meadows Community that Relies on the McElroy Bridge for Access. BACKGROUND: Kittitas County provided authorization to temporarily reinstall and use the private McElroy Road Bridge, which collapsed in December 2021. Public Works is working with Elk Meadows to identify a preferred alternative to managing ongoing use of the bridge. Recognizing the risk that parcels may lose property access, (depending on the selected bridge alternative) Public Works recommends a six-month land use and building permit application moratorium be enacted, pursuant to Revised Code of Washington (RCW) Chapter 36.70A.390. A public hearing will be required within 60 days of the moratorium's enactment. Public Works will return to the Board at a future study session defining public hearing requirements. INTERACTION: Public Works. RECOMMENDATION: Approve a Resolution to Enact a Moratorium on Land Use Development for any parcel in the Elk Meadows Community that Relies on the McElroy Bridge for Access for up to a six-month period as bridge alternatives are evaluated. HANDLING: Return one original to Public Works. ATTACHMENTS: Resolution. LEAD STAFF: Mark Cook, Public Works Director. BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON Resolution No. 2023 ENACTING A MORATORIUM ON LAND USE DEVELOPMENT FOR ANY PARCEL IN THE ELK MEADOWS COMMUNITY THAT RELIES ON THE MCELROY BRIDGE FOR ACCESS WHEREAS: Elk Meadows is a residential community located in Cle Elum WA that is served by the Elk Meadows Homeowners Association; and WHEREAS: some of the residences in the community are accessed via the McElroy Road Bridge; and WHEREAS: on December 13, 2021, the McElroy Road Bridge collapsed during a high flow event causing a garbage truck to fall into the Yakima River; and WHEREAS: local and state authorizations (including Washington State Department of Fish and Wildlife (WDFW)) were granted to re -install the bridge for temporary use with the stipulation that a permanent replacement structure would follow; and WHEREAS: the Kittitas County Flood Permit conditioned the final fate of the bridge on the pending Easton Reach of the Yakima River Flood Hazard Study; and WHEREAS: the flood hazard hydraulic analysis reveals that imposing state and local standards will be onerous and costly, with estimates nearing $5 million dollars; and WHEREAS: it is unknown at this time whether a replacement bridge can or will be built; and WHEREAS: without a replacement bridge, existing landowners will not have access to their property, nor will any potential future buyers; and WHEREAS: given the status of uncertainty regarding bridge feasibility, the County believes it prudent to stop future land use development pending a final decision on the fate of the bridge; and WHEREAS: RCW 36.70A.390 allows adoption of a moratorium on land use activities for sixty (60) days without holding a public hearing; and WHEREAS: public hearing must be held within sixty (60) days of the moratorium's enactment and findings of fact must be made to support the action. A moratorium may last six (6) months and be extended for up to one (1) year when accompanied by a work plan for moratorium research; and WHEREAS: the Kittitas County Board of County Commissioners finds the need for such moratorium during the bridge feasibility analysis. NOW, THEREFORE, BE IT RESOLVED that all applications for land use development not be accepted for at least six months from May 16, 2023, or until a permit for a replacement bridge has been issued. ADOPTED this 16th day of May 2023. Attest: ❑ Clerk of the Board- Julie Kjorsvik ❑ Deputy Clerk of the Board- Mandy Buchholz BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Cory Wright, Chairman Brett Wachsmith, Vice -Chairman Laura Osiadacz, Commissioner