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Home My WebLink AboutResolution 04-030-CCBOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON RESOLUTIONlORDINANCF. NO. 04 - CI JD - CC An Ordinance Extension (0) of Ordinance 2003 -070 -CC Relating to the Rescission of Interim Ordinance No. 2002 -47 -CC and Adoption of Interim Official Controls identifying Interim RAID Boundaries in the Rural Community (RC), Agriculture Service Center (ASC), Recreational Development (RD), Rural Village (RV), Shoreline Development 1 (SDI), Shoreline Development 2 (SD2), Shoreline Development 3 (SD3), Shoreline Development 4 (SD4), 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), zoning districts, and other matters properly relating thereto. WHEELER AREA RECITALS: WHEREAS, the Board of County Commissioners of Grant County, Washington intends to comply fully with the orders and directives of the Eastern Washington Growth Management Hearings Board issued in case nos. 99-1-0016 and 99-1-0019 and the Orders of Thurston County Superior Court; and, WHEREAS, 36.70A.390 RCW provides for the adoption and extension of interim zoning controls for one or more six-month periods provided 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 Board of County Commissioners of Grant County, Washington have initiated an appeal of the Eastern Washington Growth Management Hearings Board's decision holding Grant Cou.ity'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 Eastern Washington Growth Management Hearings Board regarding Grant County's Rural Areas of More Intensive Development (RAIDS) back to Grant County in order to bring this element of the County's Comprehensive Plan and County -wide Planning Policies (CWPPs) into compliance with the Washington State Growth Management Act; and, WHEREAS, Grant County and the Cities and Towns of the County have reconvened the Grant County Planned Growth Committee (GCPGC) in order to consider potential amendments to the 1993 County -wide Planning Policies on issues brought forward by the members; and, WHEREAS, the GCPGC approved by a majority vote the incorporation of provisions of the Growth Management Act (GMA), Revised Code of Washington 36.70A (as amended 1995-1997), recognizing and including rural areas of more intensive development language into the CWPPs; and, WHEREAS, based on the approval of the Planned Growth Committee, the Grant County Board of County Commissioners scheduled a Hearing on March 27, 2002 where they considered amendments to the County -wide Planning Policies as recommended by the GCPGC, including language recognizing and providing for the necessary consistency between the Comprehensive Plan, the CWPPs and the GMA as directed by the Final Decision and Orders of the EWGMHB and the Growth Management Act; and, WHEREAS, through the ongoing efforts of Grant County to comply with the Final Decision and Orders of the EWGMHB and the Growth Management Act, a residential building and placement permit activity report has been generated; and, WHEREAS, for the period from 1996 through 2000, the residential building and placement permit activity in Grant County indicate that 74.9% of the building permit activity of the County occurred within the urban growth areas. In contrast, for the preceding five-year period from 1991 through 1995, only 29.8 % of population growth occurred within the cities of Grant County. The population growth allocation included in the Comprehensive Plan projects WHI,FLER ARCA, Extension #3 Grant County Board of Commissioners Ordinance No, Page 2 that —72 percent of total County population would reside within UGAs and —28% within rural areas of the County by 2018. Based on the residential building and placement permit activity trends since adoption of the Comprehensive Plan, it appears that the population projections of the Plan are accurate, and that enough urban lands have been designated to accommodate the projected growth; and, WHEREAS, the Growth Management Act provides for consideration of local circumstances in establishing patterns of rural densities and uses, provided that a written record be developed explaining how the rural element of the Comprehensive Plan harmonizes the planning goals in RCW 36 70A.020 and meets the requirements of the GMA Grant County Board of Commissioners Ordinance No. Page 2 that —72 percent of total County population would reside within UGAs and —28% within rural areas of the County by 2018. Based on the residential building and placement permit activity trends since adoption of the Comprehensive Plan, it appears that the population projections of the Plan are accurate, and that enough urban lands have been designated to accommodate the projected growth; and, WHEREAS, the Growth Management Act provides for consideration of local circumstances in establishing patterns of rural densities and uses, provided that a written record be developed explaining how the rural element of the Comprehensive Plan harmonizes the planning goals in RCW 36.70A.020 and meets the requirements of the GMA [36.70A.070(5)(a)]; and, WHEREAS, through the ongoing efforts of Grant County to comply with the Final Decision and Orders of the EWGMHB and the Growth Management Act, Grant County has produced a document clarifying how the County's establishment of Rural Areas of More Intensive Development in the Comprehensive Plan harmonize the planning goals of the GMA consistent with 36.70A.070(5)(a); and, WHEREAS, through the ongoing efforts of Grant County to comply with the EWGMHB Final Decision and Orders and the GMA, a revised series of interim maps have been produced which advances the compliance of the Comprehensive Plan with the EWGMHB Final Decision and Order and the GMA, specifically with regard to historical development patterns; and, WHEREAS, Grant County recognizes that the interim maps do not yet fully reflect RAID outer boundaries that are fully compliant with the GMA and the EWGMHB Final Decision and Orders. Once all relevant information has been adequately considered, it is anticipated that the final outer boundaries may be further modified from the interim boundaries identified herein to gain full compliance; and, WHEREAS, as directed by the Final Decision and Orders of the Eastern Washington Growth Management Hearings Board and consistent with the GMA, Grant County has prepared a work plan to review and revise the Rural Areas of More Intensive Development as designated in the Comprehensive Plan, and has been and is currently implementing that work plan; and, WHEREAS, Grant 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 Eastern Washington Growth Management Hearings Board and the Growth Management Act; and, WHEREAS, it is the intent of the Board of County Commissioners 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 Board to maintain compliance with the Eastern Washington Growth Management Hearings Board decisions and the Growth Management Act through the extension of this ordinance, or portions thereof, until such time as the above mentioned issues have been fully resolved to the satisfaction of the Board of County Commissioners; and, WHEREAS, Grant County has received comments from City representatives expressing concerns about RAID's located in the immediate vicinity of the City's adopted urban growth area; and, WHEREAS, several Cities have requested that the RAIDS in the immediate vicinity of their UGA be included within their respective UGA despite the fact that: 1) Generally, the City's UGA's contain vast amounts of undeveloped and underdeveloped lands extending well into the rural lands of Grant County; and 2) The UGA's were mutually agreed to through either a previous collaborative process or through mediation efforts; and, 3) RAID's are rural areas of more intensive development and not considered urban development; and, WHEREAS, irrespective of the existing historical rural development pattern identified in the interim mapping, the Board of County Commissioners wish to delay the identification of interim RAID boundaries when located within the immediate area of the UGA for the City of Moses Lake, Town of Soap Lake and the City of Ephrata, and continue to work cooperatively with each city to complete the County's GMA planning efforts in these areas; and, i WHEELER AREA, Extension #3 Grant County Board of Commissioners Ordinance No. Page 3 WHEREAS, the Board of County Commissioners wish to adopt the non -controversial interim RAIDS as separate ordinances for those which have received extensive comments/concems from the public and/or city representatives; and, WHEREAS, the Board of County Commissioners believe that the adoption of individual interim ordinances for those RAIDS which have received extensive comment will provide the necessary focus and clarity for interested parties; and, WHEREAS, the Board of County Commissioners makes the following findings In the County's ongoing efforts to comply with the Final Decisions of the EWGMHB, the County has taken the following steps: a) The County is implementing a work plan to review and revise the Rural Areas of More Intensive Development as designated in the Comprehensive Plan; and, b) A revised series of interim maps has been produced which advance the County's efforts in establishing RAIDS with regard to historical development patterns toward greater conformance with the GMA; and, c) Based on the final recommendation of the Grant County Planned Growth Committee, the amendment to the County -wide Planning Policies will achieve the required consistency between the Comprehensive Plan, the CWPPs and the GMA; and, d) The building and placement activity report clearly indicates that the population projections of the Plan are accurate, and that enough urban lands have been designated to accommodate the projected growth; and e) A wri.ten record has been produced clarifying how the County's establishment of Rural Areas of More Intensive Development and the Rural Element of the Comprehensive Plan harmonize the goals of the GMA, as required under RCW 36.70A.070(5)(a); and, 2. The Board of County Commissioners has directed Grant County Planning Staff to continue review of the Rural Areas of More Intensive Development consistent with the EWGMHB Final Decision and Orders, the GMA, in order to bring them into full compliance; and, 3. Interim official controls prohibiting development in the designated Rural Areas of More Intensive Development (RAIDS) have been in effect for the last 18 months, creating an emergency situation regarding development within RAIDS that requires an interim boundary designation prior to completing the final amendment process; and, 4. The action to adopt interim Ordinance 2002 -47 -CC was necessary in order to complete the scheduled extension/revision of Interim Ordinance No. 2001 -158 -CC which was set for March 27, 2002; and, 5. With the rescission of Ordinance 2002 -47 -CC, a replacement ordinance is necessary in order to avoid any lapse in development regulations; and, 6. There does not exist adequate time to satisfy normal notice for a public bearing; and, 7. Pursuant to 36.70A.390, a public hearing shall be set for this Interim Ordinance on July 1, 2003 at 10:30 p.m. in the Grant County Courthouse Board of County Commissioners Hearings Room, Ephrata, Washington. NOW, THEREFORE, the Board of County Commissioners do hereby rescind interim Ordinance 2002 -47 -CC; and, BE IT FURTHER ORDAINED THAT, through the extension of this ordinance (Ordinance No. 2003 -070 -CC) the Grant County Board of County Commissioners do hereby ordain and establish interim boundaries for the Rural Areas of More Intensive Development as mapped in Attachment I WHEELER AREA, Extension #3 Grant County Board of Commissioners Ordinance No. Page 4 BE IT FURTHER ORDAINED, the effective date of this ordinance shall be: 5 p.m. November 22, 2003 through 5 p.m. May 22, 2004. In the event an additional extension is necessary, the Grant County Board of County Commissioners hereby tentatively schedules a Public Hearing for May 4, 2004 at 1:30 p.m. in the Grant County Courthouse Board of County Commissioners Hearings Room, Ephrata, Washington. PASSED AND ADOPTED this day of , 2004 Ayes Nayes Obstain 0 0 0 0 0 a 0 0 ATT ST: "M�5 Clerk of the Board BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON 4�2. LeRoy C Allison, WHEELER AREA, Extension d3 WHEELER AREA, Extension #3 Grant County Board of Commissioners Ordinance No. Page S ATTACHMENT 1 GRANT COUNTY RURAL AREAS OF MORE INTENSIVE DEVELOPMENT WHEELER AREA INTERIM BOUNDARY MAPS ORDINANCE No. 2004- 00 -CC WI iEELER AREA, Extension #3