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HomeMy WebLinkAboutResolution 98-144-CCGRANT COUNTY BOARD OF COMMISSIONERS Grant County, Washington ORDINANCE NO. 98-�-CC RESOLUTION NO. 98-144 -CC AN ORDINANCE AMENDING THE RESIDENTIAL, SUBURBAN, PLANNED UNIT DEVELOPMENT AND OPEN SPACE RECREATIONAL SECTIONS OF THE GRANT COUNTY ZONING ORDINANCE TO PROVIDE FOR RURAL AND RESIDENTIAL DEVELOPMENT DENSITIES OUTSIDE OF ESTABLISHED INTERIM URBAN GROWTH AREAS ON AN INTERIM BASIS, AND OTHER MATTERS PROPERLY RELATING THERETO. WHEREAS, the Board of County Commissioners (Board) o� Grant County, Washington, (the "County"), intends to fully comply with the Eastern Washington Growth Management Hearings Board; and WHEREAS, the Board adopted Resolution/Ordinance No. 96-108-CC entitled, A Resolution Adopting Grant County's Plan For Continued Compliance With The Growth Management Act, constituting a"work plan" as required by RCW 36.70A.390; and WHEREAS, said resolution/ordinance stipulates that the County will adopt interim residential zoning density regulations �or existing zoning districts consisting of Suburban (S-1, S-2, S-3), Residential (R-1, R-2), and Open Space Recreational (O-SR); and WHEREAS, the Board desired to pass/adopt a resolution/ordinance that temporarily amended the County's R-1 (Residential), R-2 (Residential), S-1 (Suburban I), S-2 (Suburban II), S-3 (Suburban III), P-D (Planned Unit Development) and O-SR (Open Space Recreational) sections of the Grant County Zoning Ordinance, affecting zoning districts outside of established interim urban growth areas, to �rovide �or a minimum lot area of two and one-half (21/z) acres and maximum residential development densities for these districts at two and one-half (21h) acres per living unit, as part of the County's plan for continued compliance with the Growth Management Act (GMA); and WHEREAS, the Board adopted Ordinance No. 97-39-CC on March 25, 1997, An AN ORDINANCE AMENDING ZONING CODE AND PROVIDING MINIMUM LOT AREAS AND MAXIMUM DEVELOPMENT DENSITIES - 1 ORDINANCE\INT-ORD.001 Ordinance Adopting Interim Zoning For Temporarily Amending Grant County R-1, R-2, S-1, S-2, S-3, P-D, And O-SR zoning districts; and WHEREAS, RCW 36.70A.390 empowers the Board to adopt interim zoning controls, provided the County holds a public hearing on the proposed interim zoning control within at least sixty (60) days of its adoption; and WHEREAS, Ordinance No. 97-39-CC was adopted and implemented as stipulated in the County's "work plan", i.e., Ordinance 96-108-CC; and WHEREAS, the Board extended Ordinance No. 97-39-CC for an additional six (6) months with the adoption of Ordinance No. 97-150-CC on September 23, 1997; and WHEREAS, the Board extended Ordinance No. 97-39-CC and Ordinance No. 97-150- CC for an additional six (6) months with the adoption of Ordinance No. 98-29-CC on March 23, 1998; and WHEREAS, Ordinance No. 98-29-CC will expire on or about September 24, 1998; and WHEREAS, the Board desires to extend the protections and interim official controls in Ordinance No. 97-39-CC, Ordinance No. 97-150-CC, and Ordinance No. 98-29-CC, for an additional six (6) months, pursuant to RCW 36.70A.390; and WHEREAS, certain cities embroiled the County in litigation before the Eastern Washington Growth Management Hearings Board, in GMHB No. 98-1-0003, over the subject matter of this ordinance; and WHEREAS, the Eastern Washington Growth Management Hearings Board heard oral argument on September 10, 1998; and WHEREAS, the County anticipated that the Eastern Washington Growth Management Hearings Board would rule, permitting the County to timely advertise for extension of the subject ordinances; and WHEREAS, it would have served no useful purpose to advertise and hold a public hearing regarding the continuance of the subjec� interim official controls prior to the entry of a ruling by the Eastern Washington Growth Management Hearings Board; WHEREAS, the County has learned that the Eastern Washington Growth Management Hearings Board will not enter a ruling until sometime in late October; and AN ORDINANCE AMENDING ZONING CODE AND PROVIDING MINIMUM LOT AREAS AND MAXIMUM DEVELOPMENT DENSITIES - 2 ORDINANCE\INT-ORD.001 WHEREAS, the County will be prejudiced by permitting the questioned ordinances and interim official controls to lapse while waiting for the Eastern Washington Growth Management Hearings Board to enter a ruling sometime in late October; and WHEREAS, the County's position is that it is required by order of the Eastern Washington Growth Management Hearings Board to comply with the GMA by readopting the questioned interim official controls. NOW, THEREFORE, THE BOARD OF COUNTY COMMISSIONERS DO HEREBY ORDAIN AND ESTABLISH AS FOLLOWS: 1. That an emergency exists; and 2. That it is appropriate to readopt the interim official controls set forth in Ordinance No. 98-29-CC because the County has a work plan within the contemplation of RCW 36.70A.390; and 3. That density restrictions and minimum lot sizes in the affected zoning districts are required because the County is complying with previous orders of the Eastern Washington Growth Management Hearings Board; and 4. That interim official controls are required because the County is complying with previous orders of the Eastern Washington Growth Management Hearings Board and the requirements of the GMA; and S. That the interim official controls are required to protect the zoning districts while the County is studying and preparing its GMA comprehensive plan; and 6. That a public hearing will be held on said interim official controls before the Board within sixty (60) days from its adoption of this ordinance/resolution; and 7, That the Board hereby adopts this interim official control, readopting the interim official control set forth in Ordinance No. 98-29-CC, temporarily amending the following sections of the Grant County Zoning Ordinance, and establishing a minimum lot area of two and one-half (21/a) acres and a maximum residential density of one (1) residential unit per two and one-half acres (21/a), AN ORDINANCE AMENDING ZONING CODE AND PROVIDING MINIMUM LOT AREAS AND MAXIMUM DEVELOPMENT DENSITIES - 3 ORDINANCE\INT-ORD.001 outside of established Interim following County zoning (Residential); Section VI-- Suburban - 1 (S-1); Sectic Suburban - III (S-3); Se� Recreation); and Urban Growth Areas (IUGA) for the districts: Section VI--A, R-1 B, R-2 (Residential); Section - �n - Suburban-II (S-2); Section - ;tion - XII, O-SR (Open Space 8. That the Board hereby adopts this interim official control, readopting the interim official control set forth in Ordinance No. 98-29-CC, temporarily amending Grant County Ordinance, Section XI P-D (Planned Unit Development), to not take precedence over the aforementioned af�ected interim zoning chapters; and 9. That this interim official control shall be in force and effect for the earlier of six (6) months from the date of adoption of this resolution/ordinance by the Board, or the adoption of the County's new GMA comprehensive plan. � PASSED AND ADOPTED this day of September, 1998. BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON � � ��� � �u�i`�� �,� . � � . , _ r. __ -' ���r� � � -���� ���.����� Helen Fancher, Member ...-- --------�-�--� � Tim Snea , Me ber ATTEST: � Clerk o Board AN ORDINANCE AMENDING ZONING CODE AND PROVIDING MINIMUM LOT AREAS AND MAXIMUM DEVELOPMENT DENSITIES - 4 ORDINANCE\INT-ORD.001