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Home My WebLink AboutResolution 03-125-CCGRANT COUNTY BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON Ordinance No. 03 -Lq - CC An Ordinance Relating to the Re -adoption and Extension of Ordinance 2003- 038 -CC, Interim Official Controls temporarily amending the residential development densities in Rural Residential 2 (RR2), Rural Residential 3 (RR3), Rural Community (RC), Agriculture Service Center (ASC), Recreational Development (RD), Shoreline Development 1 (SDI), Shoreline Development 2 (SD2), Shoreline Development 3 (SD3), Shoreline Development 4 (SD4), Rural Village 1 (RVRI), Rural Village 2 (RVR2), and limiting non-agricultural industrial development and commercial development in Rural General Commercial (RGC), Rural Neighborhood Commercial (RNC), Rural Freeway Commercial (RFC), Rural Recreational Commercial (RRC), Rural Light Industrial (RLI), and Rural Heavy Industrial (RHI), Rural Residential 2 (11112), Rural Residential 3 (RR3), Rural Community (RC), Agriculture Service Center (ASC), Recreational Development (RD), Rural Village Commercial (RVQ, Rural Village Industrial (RVI), Shoreline Development 1 (SDI), Shoreline Development 2 (SD2), Shoreline Development 3 (SD3), Shoreline Development 4 (SD4) zoning districts, and other matters properly relating thereto. INDI"11%IE.`]I WHEREAS, the Board of County Commissioners (the "BOCC") intends to comply fully with the orders and directives of the Eastern Washington Growth Management Hearings Board (the `Board") issued in case Nos. 99-1-0016 and 99-1-0019, pending appeal of certain portions of the Board's Final Decisions and Orders to the Court of Appeals; and WHEREAS, RCW 36.70A.390 provides for the re -adoption and extension of interim zoning controls for one or more six-month periods provided Grant County (the "County") holds a public hearing on the proposed Interim Zoning Ordinance and findings of fact are made prior to the renewal; and WHEREAS, the BOCC has initiated an appeal of the Board's decision holding the County's adoption of rural residential densities in the Comprehensive Plan of one dwelling unit per 2.5 acres in the rural lands designation of Grant County is non-compliant with the Growth Management Act (the "Act"); and WHEREAS, Thurston County Superior Court has remanded the Final Decision and Order of the Board regarding 2.5 Acre Residential Densities for further proceedings; and WHEREAS, as directed by Thurston County Superior Court, the Board is currently in the process of reviewing the 2.5 Acre Residential Density issue; and Interim Official Zoning Control Ordinance (6) Page 1 of 4 WHEREAS, the BOCC has initiated an appeal of the Board's decision holding County's adoption of Rural Areas of More Intensive Development (RAIDS) in the Comprehensive Plan as non-compliant with the County -wide Planning Policies adopted in 1993; and WHEREAS, Thurston County Superior Court has remanded the Final Decision and Order of the Board regarding County's RAIDs back to the County in order to bring this element of the County's Comprehensive Plan and County -wide Planning Policies ("CWPP") into compliance with the Act; and WHEREAS, the County and the Cities and Towns in Grant County have reconvened the Grant County Planned Growth Committee ("GCPGC") in order to consider potential amendments to the 1993 CWPP on any issues brought forward by the members; and WHEREAS, the GCPGC approved by a majority vote the incorporation of provisions of the Act, Revised Code of Washington Chapter 36.70A RCW as amended 1995-1997, recognizing and including RAIDS into the CWPPs; and WHEREAS, as directed by the Final Decision and Orders of the Board and consistent with the GMA, the County has prepared a work plan to review and revise the RAIDS as designated in the Comprehensive Plan, and has been and is currently implementing that work plan; and WHEREAS, as an interim step advancing the County towards greater compliance with the Final Decision and Orders of the Board regarding RAIDS, the County has adopted "Interim RAID Boundaries", Ordinance No's. 03 -069 -CC through 03 -077 -CC; and WHEREAS, the County fully intends to continue and complete the work plan to bring the RAIDs into full compliance with the Final Decision and Orders of the Board and the Act; and WHEREAS, the Board of County Commissioners have provided the required public notice for the proposed extension; and, WHEREAS, it is the intent of the BOCC that this interim measure be in effect for a short period of time. However, if additional time is necessary, it is also the intent of the BOCC to maintain compliance with the Board's decisions through the extension of this ordinance, or portions thereof, until such time as the above-mentioned appeals have been fully resolved to the satisfaction of the County. Interim Official Zoning Control Ordinance (6) Page 2 of 4 NOW, THEREFORE, The BOCC does hereby ordain and establish interim development regulations as follows: Rural Residential 2 (RR2): Maximum residential density shall not be greater than one (1) dwelling unit per five (5) acres. Rural Residential 3 (RR3): Maximum residential density shall not be greater than one (1) dwelling unit per five (5) acres. New residential development located within RAID boundaries designated in the Unified Development Code but outside of "Interim RAID Boundaries" as identified in Ordinance No's. 03 -069 -CC through 03 -077 -CC shall not be greater than one (1) dwelling unit per five (5) acres in the following zoning districts: Rural Community (RC), Agriculture Service Center (ASC), Recreational Development (RD), Rural Village 1 (RVRI), Rural Village 2 (RVR2), Shoreline Development 1 (SDI), Shoreline Development 2 (SD2), Shoreline Development 3 (SD3), Shoreline Development 4 (SD4) New commercial development and new non-agricultural industrial development located within RAID boundaries designated in the Unified Development Code but outside of "Interim RAID Boundaries" as identified in Ordinance No's. 03 -069 - CC through 03 -077 -CC, shall be prohibited in the following zoning districts: Rural General Commercial (RGC), Rural Neighborhood Commercial (RNC), Rural Freeway Commercial (RFC), Rural Recreational Commercial (RRC), Rural Light Industrial (RLI), and Rural Heavy Industrial (RHI), Rural Residential 2 (RR2), Rural Residential 3 (RR3), Rural Community (RC), Agriculture Service Center (ASC), Recreational Development (RD), Rural Village Commercial (RVC), Rural Village Industrial (RVI), Shoreline Development 1 (SDI), Shoreline Development 2 (SD2), Shoreline Development 3 (SD3), and Shoreline Development 4 (SD4). All development within the "Interim RAID Boundaries" as identified in Ordinance No's. 03 -069 -CC through 03 -077 -CC, shall conform to the provisions of the Grant County Unified Development Code. Interim Official Zoning Control Ordinance (6) Page 3 of 4 NOW THEREFORE BE IT FURTHER ORDAINED, the effective date of this ordinance shall be: 12:01 a.m. September 25, 2003, through 11:59 p.m. March 25, 2004. In the event an additional extension is necessary, the BOCC hereby tentatively schedules a Public Hearing for February 24, 2004, at 1:30 p.m., in the Grant County Courthouse, Board of County Commissioners Hearings Room, Ephrata, Washington. Grant County Ordinance No. 2003 -038 - CC is hereby repealed, effective September 25, 2003, at 11:59 pm. PASSED by the Board of Grant County Commissioners in regular session at Ephrata, Washington, by the following vote, then signed by its membership and attested by its Clerk in authorization of such passage. PASSED AND ADOPTED this 744 day of September 2003. BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON Ayes Nayes Abstain Deborah Kay oor , hair LeRoy C. Alli on, Member ❑ ❑ — Tim Snead em r ATTEST: n I Clerk of the Board Interim Official Zoning Control Ordinance (6) Page 4 of 4