HomeMy WebLinkAboutResolution 04-031-CCBOARD OF COUNTY COMMISSIONERS
GRANT COUNTY, WASHINGTON
RESOLUTION/ORDINANCE NO. 04 - 031 - CC
An Ordinance Extension (0) of Ordinance 2003 -076 -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.
MOSES LAKE 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 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 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 73.9% 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
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Grant County Board of Commissioners
Ordinance No.
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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,
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Grant County Board of Commissioners
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WHEREAS, the Board of County Commissioners wish to adopt the non -controversial interim RAIDS as separate
ordinances for those which have received extensive comments/concerns 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:
1. 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 written 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 F WGMH13 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 hearing; 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 200J -076 -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 1.
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MOSES LAKE 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 r' - day of4�1 2004
BOARD OF COUNTY COMMISSIONERS
GRANT COUNTY. WASHINGTON
Ayes Nayes Obstain
❑�' ❑ ❑.
LeRoy C. Allison, air
Deborah Kay Mootember
Tim Snea , Met er
ATTEST:
Clerk of the Board
MOSES LAKE AREA, Extension N3
Grant County Board of Commissioners
Ordinance No.
Page 5
ATTACHMENT 1
GRANT COUNTY
RURAL AREAS OF MORE INTENSIVE DEVELOPMENT
MOSES LAKE AREA
INTERIM BOUNDARY MAPS
ORDINANCE No. 2004- -CC
MOSES LAKE AREA, Extension #3