HomeMy WebLinkAboutOrdinance 24-113-CCBOARD OF COUNTY COMMISSIONERS
Grant County, Washington
ORDINANCE RELATING TO AN
AMENDMENT TO THE UNIFIED
DEVELOPMENT CODE CHAPTER 25.12 ORDINANCE No. 24- 113 -CC
WHEREAS, Adequate accommodations have been made for agencies, individuals and interest
groups to be heard and the Planning Commission has thoroughly considered the testimony in the record,
and;
WHEREAS, the proposed amendments are consistent with adopted Comprehensive Plan goals,
obj ectives and policies, and do not create adverse impacts to offsite properties, and promote flexibility of
property use, and;
WHEREAS, the Board of County Commissioners have found that the proposal is consistent with
the general purpose and intent of the Grant County Comprehensive Plan; and,
WHEREAS, the Board of County Commissioners has found that, the UDC Amendment will serve
the public use and interest, and;
WHEREAS, Appropriate notice has been given to the Washington State Department of Commerce
Growth Management Services in accordance with RCW 36.70A.106, and;
WHEREAS, the proposed amendments are consistent with the applicable portions of RCW
36.70B, and;
WHEREAS, Grant County Development Services Staff shall have the ability to modify the
approved development code text to ensure proper formatting, spelling, etc. as well as correct any errors that
may be discovered, and;
WHEREAS, the Planning Commission conducted a public hearing on October 2, 2024 and
recommended to the Board of County Commissioners approval of the proposed code amendments, and;
WHEREAS, the Board of County Commissioners held a pre -decision open record public hearing
to consider the recommendation of the Planning Commission on November 12, 2024.
WHEREAS, the Board of County Commissioners during an open record public hearing voted
unanimously to uphold the recommendation of the Planning Commission.
NOW, THEREFORE, BE IT HEREBY ORDAINED THAT the Grant County Board
of Commissioners, APPROVE the attached amendment to GCC § 25.12; and
BE IT ALSO FURTHER ORDAINED that the effective time and date for these
amendments shall be 5:00 p.m. on the date of BOCC signature.
P24-0086 — Legislative Actions Amendment Ordinance
DATED this Lq 0 day of /�/w_, 2024.
ATTEST:
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P24-0086 — Legislative Actions Amendment Ordinance
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Chapter 25.12
LEGISLATIVE ACTIONS
Sections page
25.12.010
Legislative Decisions..............................................................................................................1
25.12.020
Procedures for Legislative Actions.........................................................................................
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25.12.030
Comprehensive Plan Amendments.........................................................................................
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25.12.040
Shoreline Master Program Amendments................................................................................
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25.12.050
Subarea Plans..........................................................................................................................
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25.12.060
New Fully Contained Communities........................................................................................
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25.12.070
Master Planned Resorts...........................................................................................................
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25.12.080
Major Industrial Developments.............................................................................................12
25.12.090
Emergency or Interim Regulations.......................................................................................12
25.12.100
Appeals..................................................................................................................................12
25.12.110
Administrative Appeals 13
25.12.120
Judicial Appeals 13
25.12.130
SEPA Appeals 14
25.12.14O
Reconsiderations 14
Chapter 25.12 i December 2024-3 Amendments
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25.12.010 Legislative Decisions
(a) Decisions. The following decisions are legislative and are not subject to the project permit
application, notice, review, appeal and other procedures specified in GCC Chapter 25.04, unless
otherwise specified:
(1) Amendments to chapters of Titles 22, 23, 24 and 25 of the GCC;
(2) Area -wide reclassification of land use districts to implement new County policies;
(3) Major rezones and site -specific land use redesignations and/or density changes;
(4) Designation or amendment of any new fully contained community, master planned resort and
major industrial developments pursuant to the requirements of RCW 3 6.70A; and
(5) Adoption of the Comprehensive Plan and any Plan amendments, including Subarea Plan
adoption and amendments.
(b) SEPA. If a legislative decision qualifies as an "action" that requires review under the State
Environmental Policy Act (SEPA) and GCC Chapter 24.04, all SEPA procedural requirements shall
be met prior to conducting open record predecision hearings on the action.
25.12.020 Procedures for Legislative Actions
(a) General. All legislative actions shall be processed according to the procedures established in the
Comprehensive Plan and in this section. Administrative review of legislative actions shall be as
summarized in Table 1.
Table 1— Summary of Administrative Review of
Legislative Actinncl, 2
Steps in Permit
Review Process
Legislative
Actions
Public Notice of Application
Yes
Notice of Public Hearing
Yes
Public Comment Period
Yes
Open -Record Predecision
Hearin (Hearin Body)
Yes
PC
Decision Maker
PCBOCC3
Open -Record Final Decision
Hearin Hearin Body)
Yes
BOCC)
Open -Record Appeal Hearing
Hearin Body)
No
Closed -Record Appeal
Hearin (Hearin Body)
No
Judicial Appeal (Hearing
Body)'
Yes
GCSC)
Other Appeal'
GMHB
Abbreviations: BOCC: Board of County Commissioners
PC: Planning Commission
GMHB: Growth Management Hearings Board
GCSC: Grant County Superior Court
This table is a summary of requirements; refer to text of GCC for full procedures.
PC makes advisory recommendation to BOCC, who makes final decision.
A legislative decision shall first be appealed to the GMHB, unless all parties to the
proceeding before the GMHB agree to direct judicial review pursuant to RCW
36.70A.295
Chapter 25.12 1 Xevembei-• December 2024-3 Amendments
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(b) Review. A legislative action requires one (1) or more hearings before the Planning Commission and
may require one (1) or more hearings or meetings before the Board of County Commissioners.
(1) The Planning Commission shall direct the Department within fourteen (14) days of the date of
the open record hearing to prepare a written report setting forth the recommendation of the
Planning Commission including findings, conclusions, staff report, and testimony on the record
from agencies and interested parties.
(2) Upon receiving the recommendation from the Planning Commission, the Clerk of the Board of
County Commissioners shall promptly set the matter for a public hearing to make a decision on
the Planning Commission recommendation.
(3) The County Commissioners, at their discretion, may decide to hold either a open record or
closed record public hearing and make a decision on the following matters:
(A) Appeal of a Planning Commission recommendation. This appeal shall be conducted in
accordance with the Board of County Commissioners Rules of Procedure and shall serve to
provide argument and guidance for the Planning Commission decision. Closed record
appeals shall be conducted generally as provided for public hearings, however no new
evidence or testimony shall be given or received. The parties to the appeal may submit
timely written statements or arguments;
(B) Uphold recommendation of the Planning Commission;
(C) Uphold recommendation of the Planning Commission with additional conditions;
(D) Modify recommendation of approval, with or without the applicant's concurrence, provided
that the modifications do not:
(i) Enlarge the area or scope of the project;
(ii) Increase the density of the project; or
(iii) Significantly increase adverse environmental impacts as determined by the SEPA
responsible official;
(E) Denial (reapplication or resubmittal is permitted);
(F) Denial with prejudice (reapplication or resubmittal is not allowed for one year); or
(G) Remand for further proceedings.
(c) Notice of Public Hearing before Planning Commission. At least fifteen (15) calendar days before the
date of the first Planning Commission hearing for an application subject to legislative action review,
the Administrative Official shall:
(1) Prepare a notice of application that includes the following information:
(A) The case file number(s);
(B) A description and map of the area that will be affected by the application, if approved,
which is reasonably sufficient to inform the reader of its location;
(C) A summary of the proposed application(s);
(D) The place, days and times where information about the application may be examined and
the name and telephone number of the county representative to contact about the
application;
(E) A statement that the notice is intended to inform potentially interested parties about the
hearing and to invite interested parties to appeal orally or by written statement at the
hearing;
(F) The designation of the review authority, the date, time and place of the hearing, and a
statement that the hearing will be conducted in accordance with the rules of procedure
adopted by the review authority; and
(G) A general explanation of the requirements for submission of testimony and the procedure
for the conduct of hearings.
(2) Mail a copy of a notice prepared under subsection c of this section to:
(A) Parties who request notice of such matters, based on a list kept by the Administrative
Chapter 25.12 2 �mbe-i---December 2024-3 Amendments
I Official for that purpose;
2 (B) The neighborhood association, if any, in whose area the property in question is situated,
3 based on the list of neighborhood associations kept by the Administrative Official; and
4 (C) To other people the Administrative Official believes may be affected by the proposed
5 action.
6 (3) Publish in a newspaper of general circulation a summary of the notice, including the date, time
7 and place of the hearing and a summary of the subject of the legislative action; and
8 (4) Provide other notice deemed appropriate and necessary by the Administrative Official based on
9 the subject of the legislative action.
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11 (d) Public Hearings. Public hearings shall be conducted in accordance with the rules of procedure
12 adopted by the review authority, except to the extent waived by the review authority. A public
13 hearing shall be recorded on audio or audiovisual tape.
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15 (e) Conclusion of Hearing before Planning Commission. At the conclusion of a Planning Commission
16 hearing on a legislative action application, the Planning Commission shall announce one of the
17 following actions:
18 (1) That the hearing is continued. If the hearing is continued to a place, date and time certain, then
19 additional notice of the continued hearing is not required to be mailed, published or posted. If
20 the hearing is not continued to a place, date and time certain, then notice of the continued
21 hearing shall be given as though it was the initial hearing before the Planning Commission; or
22 (2) That the Planning Commission recommends against or in favor of approval of the application(s)
23 with or without certain changes, or that the Planning Commission will recommend neither
24 against nor for approval of the application(s) together with a brief summary of the basis for the
25 recommendation.
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27 (f) Notice of Closed Record Hearing or Meeting before the Board of County Commissioners. At least
28 fifteen (15) days before the date of the first Board of County Commissioners hearing or meeting for
29 an application subject to legislative action review, if any, the Administrative Official shall:
30 (1) Prepare a notice that includes the information listed in subsection (c)(1) of this section except the
31 notice shall be modified as needed:
32 (A) To reflect any changes made in the application(s) during the Planning Commission review;
33 (B) To reflect that the Board of County Commissioners will conduct the hearing or meeting and
34 the place, date and time of the hearing or meeting;
35 (C) To state that the Planning Commission recommendation staff report, and SEPA evaluation
36 are available for inspection at no cost and copies will be provided at a reasonable cost;
37 (2) Mail a copy of that notice to the parties identified in subsection (c)(2) of this section and to
38 parties who request it in writing;
39 (3) Publish in a newspaper of general circulation a summary of the notice, including the date, time
40 and place of the hearing and a summary of the subject of the legislative action review process;
41 and
42 (4) Provide other notice deemed appropriate and necessary by the Administrative Official based on
43 the subject of the legislative action.
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45 (g) Conclusion of Hearing before Board of County Commissioners. At the conclusion of its initial
46 hearing regarding a legislative action application, the Board of County Commissioners; may continue
47 the hearing or meeting, or may adopt, modify or give no fiirther consideration to the application or
48 recommendations. If the hearing or meeting is not continued to a place, date and time certain, then
49 notice of the continued hearing or meeting shall be given as though it was the initial hearing before
50 the Board.
Chapter 25.12 3 embei---December 2024-3 Amendments
I (h) Decision Content. Within fourteen (14) calendar days after the date the conclusion of the public
2 hearings and or meetings, the Board of County Commissioners should issue a written decision
3 regarding the application(s); provided, the Board shall not issue a written decision regarding the
4 application(s) until at least fifteen (15) calendar days after the threshold determination under the
5 Grant County SEPA Ordinance is made. The decision shall include:
6 (1) A statement of the applicable criteria and standards in this UDC and other applicable law;
7 (2) A statement of facts that the Board found showed the application does or does not comply with
g each applicable approval criterion and standards;
9 (3) The reasons for a conclusion to approve or deny; and
10 (4) The decision to deny or approve the application, and, if approved, any conditions or approval
11 necessary to insure the proposed development will comply with applicable criteria and
12 standards.
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14 (i) Notice of Decision Time Limitations. Within seven (7) calendar days of the decision, the Board of
15 County Commissioners should mail a notice of decision to the applicant and the applicant's
16 designated representative. The mailing shall include a notice that includes the following information:
17 (1) A statement that the decision and SEPA determination are final; but may be appealed as
18 provided in GCC § 25.04.430. The statement shall describe how a party must appeal the decision
19 or SEPA determination or both, including applicable fees and the elements of an appeal
20 statement.
21 (2) A statement that the complete case file, including findings, conclusions, and conditions of
22 approval, if any, is available for review. The notice shall list the place, days and times where the
23 case file is available and the name and telephone number of the county representative to contact
24 about reviewing the case file.
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26 (j) Legislative Enactment's Not Restricted: Nothing in this section or the permit processing procedures
27 shall limit the authority of the Board of County Commissioners to make changes to the County's
28 Comprehensive Plan or the County's development regulations, as part of an annual revision process.
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30 25.12.030 Comprehensive Plan Amendments
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32 (a) Types. There are four types of Comprehensive Plan Amendments:
33 (1) Plan policy or text change;
34 (2) Urban Growth Area (UGA) boundary or Plan Map change;
35 (3) Site -specific land use redesignations; and
36 (4) Emergency amendments.
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38 (b) Who May Initiate. The County (Board of County Commissioners, Planning Commission, or any
39 Departments of the County) or other entities, cities, towns, agencies, organizations, or individuals
40 may initiate a Comprehensive Plan amendment at any time subject to the requirements of this section.
41 A request for asite-specific land use redesignation or to change density may be initiated by a property
42 owner. Proposed amendments to a designated urban growth area boundary that is associated with a
43 specific incorporated city or town may be initiated only by the legislative authority for that
44 incorporated city or town.
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46 (c) Purpose of Site -Specific Land Use Redesignations. Aland use designation change or density change
47 is a mechanism by which the Comprehensive Plan land use designation or density applicable to
48 property can be changed to reflect such things as changed circumstances, new land -use needs, or new
49 land use policies.
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Chapter 25.12 4 X,,ye 1. +, December• 2024-3 Amendments
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(d) Time Limitations. Proposed comprehensive plan amendments shall be considered on an annual basis
(no more frequently than once per year), according to the schedule provided in this Chapter so that
the cumulative effect of all proposed amendments maybe considered; provided, however, the County
may adopt amendments more frequently than once per year if the proposal is:
(1) the initial adoption of subarea plan;
(2) an amendment to the County's Shoreline Master Program under the procedures set forth in RCW
90.58;
(3) to achieve consistency with amendments to countywide planning policies;
(4) an amendment to the capital facilities element that occurs concurrently with the adoption or
amendment of the County budget;
(5) an amendment to the transportation element that occurs concurrently with the adoption or
amendment of the County six -year transportation improvement plan as provided in law;
(6) the initial adoption of development regulations or amendments to development regulations to
carry out the policies of the Comprehensive Plan; or
(7) if a declared emergency exists, or in response to an order of the Growth Management Hearings
Board. An emergency amendment may only be adopted if the Board finds that the amendment is
necessary to address an immediate situation of federal, state, subarea, or countywide concern as
opposed to a personal emergency on the part of the applicant or property owner and the situation
cannot adequately be addressed by waiting until the annual Comprehensive Plan amendment
process.
(e) Amendment Schedule. The schedule for initiation of review of amendments to the Comprehensive
Plan and Development Regulations shall be as follows:
(1) Any interested person, including applicants, citizens, county commission and board members,
staff, and staff of other agencies may suggest plan or development regulation amendments. The
suggested amendments shall be docketed with the planning department for annual consideration
by the Grant County Planning Commission and Board of County Commissioners. For purposes
of this section, docketing refers to compiling and maintaining a list of suggested changes to
the comprehensive plan or development regulations in a manner that will ensure such suggested
changes will be considered by Grant County and will be readily available for review by the
public and to review the cumulative effect of all proposals to ensure consistency. Docketing for
the calendar year shall be taken from January lst to June 30t1i of each calendar year. Amendments
to the comprehensive plan and development regulations docketed by June 30th shall be approved
or denied by the Board of County Commissioners on or before December 31 St of the same
calendar year.
(2) Petitions for amendments to the Comprehensive Plan or Development Regulations shall be
submitted to the Department on forms provided by the Department by the last business day in
June during the applicable review cycle. Requests submitted after said date will be returned to
the applicant for resubmittal in the following year.
(3) Within forty-five (45) days of the established petition application dated, the Department shall
review all of the petitions for Comprehensive Plan and Development Regulation amendments
submitted by the deadline, together with any proposed amendments suggested by the
Department, and shall forward a recommendation to the Board as to which of the submitted
amendments the Department recommends for further consideration by the County.
(4) Within 15 days of receipt of the Department's recommendation on the package of proposed
amendments, the Board shall, in a public meeting, consider the Department recommendation on
each proposed amendment and decide whether to initiate plan amendment review of each of the
proposed amendments. A decision by the Board to initiate the plan amendment review process
for a particular proposed amendment at this stage is procedural only and does not constitute a
decision by the Board as to whether the amendment will ultimately be approved.
Chapter 25.12 5 n evemb-' -- December 2024-3 Amendments
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(f) Environmental Review. After a Board decision to proceed with filrther review of proposed
comprehensive plan amendments, the County shall complete environmental review of all of the
proposed amendments, consistent with the requirements of RCW 43.21 C and GCC Chapter 24.04,
and as follows:
(1) For any site -specific comprehensive plan amendments, the proponent of those amendments shall
submit a complete environmental checklist to the County within 20 days of the Board's decision
to consider the proposed site -specific amendment;
(2) Within 15 days from receipt of the environmental checklist(s) for the proposed comprehensive
plan amendments, the Department shall issue a threshold determination on the package of
amendments. If necessary, a Draft Environmental Impact Statement should be published as soon
as possible following the review and analysis of the submitted petition; and
(3) Any environmental review shall consolidate, as much as practical, site -specific SEPA review
with review of the entire package of proposed comprehensive plan amendments to ensure
adequate consideration of cumulative effects of the proposed amendments. Costs for SEPA
review related to individual site -specific amendments shall be paid by the individual applicant as
part of any project permit review fee.
(g) Contents of Petition. Petitions for comprehensive plan amendments shall be in writing, on forms
provided by the Department, and shall contain suggested amendatory language, where appropriate. If
the proposed amendment is a site -specific land use redesignation, the application shall identify clearly
the area for which the change is requested through the use of legal descriptions and maps. The reason
or reasons for the request shall be clearly stated. The application shall describe how the proposed
change meets all of the criteria for approval listed below in subsection (h) of this section. Petitions
shall contain the following:
(1) A petition for a policy or plan text amendment shall include, at a minimum, the following
information:
(A) A detailed statement of what is proposed to be changed and why;
(B) A statement of anticipated impacts to be caused by the change, including geographic area
affected and issues presented;
(C) A demonstration of why existing Comprehensive Plan policies should not continue to be in
effect or why existing policies no longer apply;
(D) A statement of how the amendment complies with the Comprehensive Plan's community
vision statements, goals, objectives, and policy directives;
(E) A statement of how adopted capital facilities plans and transportation elements support the
change;
(F) A statement of how the change affects implementing development regulations (GCC Titles
22, 23, 24 and 25) and the necessary changes to bring the implementing development
regulations into compliance with the Plan; and
(G) A summary of any public review of the recommended change.
(2) A petition for UGA boundary or plan map change shall include, at a minimum, all of the
requirements for a policy amendment, plus the following additions:
(A) A detailed statement describing how the UGA boundary or map amendment complies with
comprehensive plan land use designation criteria.
(B) Any proposed UGA boundary changes, including those initiated by an incorporated city or
town, shall be supported by and dependent on criteria set forth in the GMA such
as population forecasts and allocated urban population distributions, existing urban
densities and infill opportunities, and phasing and availability of adequate public facility
and service capacities to serve such development in an economical manner, proximity to
designated natural resource lands and the presence of critical areas.
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(C) Any proposed UGA boundary change application shall demonstrate that:
(i) The full range of urban public services and facilities, including water, sewer, storm
drainage, transportation, fire protection, and schools can be adequately provided in an
efficient, timely and economically feasible manner;
(ii) It is compatible with contiguous development within the UGA and adjacent rural and
resource lands; and
(iii) Development in the amended area will occur at urban densities.
(D) Any proposed rural areas and resource land map designation changes shall be supported by
and dependent on population forecasts and allocated non -urban population distributions,
existing rural area and natural resource land densities and infill opportunities.
(E) Any proposed resource land map designation changes shall recognize that resource land
designations were intended to be long-term designations and shall further be dependent on
one or more of the following:
(i) A change in circumstances pertaining to the comprehensive plan or public policy.
(ii) A change in circumstances beyond the control of the landowner pertaining to the
subject property.
(iii) An error in initial designation.
(iv) New information on resource land or critical area status.
(3) A petition for asite-specific land use redesignation shall include, at a minimum, all of the
requirements for a policy amendment, plus the following additions:
(A) Historic use of the property and adjoining land;
(B) Population density of the surrounding area;
(C) Existing soil and sewage disposal conditions;
(D) Description of existing water availability;
(E) Description of the land's suitability for agricultural purpose;
(F) Known archaeological or cultural resources located on the property;
(G) Known critical areas located on the property;
(H) Availability of existing public services and utilities; and
(I) Names of abutting property owners.
If the proposed amendment applies to a specific number of parcels which are in readily
identifiable ownership and is in conjunction with an identifiable development proposal, then the
petitioner shall pay a fee with the petition as prescribed by the approved fee schedule as now or
hereafter amended.
(h) Criteria for Approval of Site -specific Land Use Redesignation. A petition for asite-specific land use
redesignation will be reviewed by the reviewing authority for conformance with pertinent provisions
of the comprehensive plan and development regulations. In reviewing the petition, the reviewing
authority shall consider testimony provided at any public hearing and recommendations provided by
interested and affected agencies and jurisdictions. The reviewing authority may approve or approve
with conditions an application for a change of designation or density of property if all of the
following criteria are met:
(1) The change would benefit the public health, safety, and/or welfare;
(2) The change is warranted because of changed circumstances or because of a need for additional
property in the proposed land -use designation;
(3) The change is consistent with the criteria for land use designations specified in the
Comprehensive Plan;
(4) The change will not be detrimental to uses or property in the immediate vicinity of the subject
property;
(5) The change has merit and value for the community as a whole;
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(6) The change, if granted, will not result in an enclave of property owners enjoying greater
privileges and opportunities than those enjoyed by other property owners in the vicinity where
there is not substantive difference in the properties themselves with justifies different
designations;
(7) The benefits of the change will outweigh any significant adverse impacts of the change;
(8) The change is consistent with the purpose and intent of the Comprehensive Plan and the
requirements of GCC Titles 22, 23, 24 and 25; and
(9) The change complies with all other applicable criteria and standards of this Chapter.
(i) Concomitant Agreement. The County is specifically authorized to require that the applicant enter
tointo a concomitant agreement with the County as a condition of any site -specific land use
designation change. Through that agreement, the County may impose development conditions
designed to mitigate potential impacts of the use or development that may occur as a result of such
change.
(j) Appeals. Appeals of any decision regarding comprehensive plan amendments shall be in accordance
with the requirements of GCC § 25.12.100.
25.12.040 Shoreline Master Program Amendments
(a) Time Limitation. A proposed amendment to the Grant County Shoreline Master Program shall not be
subject to the once per year time limitation described above in GCC § 25.12.030(d). Shoreline Master
Program amendments shall instead follow the process required in WAC 173-264-9 and RCW 90.58.
However, adoption of the Shoreline Master Program as an element of the Comprehensive Plan shall
be considered a comprehensive plan amendment and will be processed according to the procedures
established in Chapter 36.70A RCW, this Chapter, and the Shorelines Management Act, Chapter
90.58 RCW. Adoption of an amendment to the Shoreline Master Program is subject to certification by
the Washington Department of Ecology, as required by the Shorelines Management Act (RCW
90.58.190).
25.12.050 Subarea Plans
(a) Time Limitation. Initial adoption of a subarea plan shall not be subject to the once per year time
limitation described above in GCC § 25.12.030(d); but shall be subject to the review procedures and
requirements contained in the balance of this Chapter.
(b) Purpose. A subarea plan is a detailed plan consistent with, but more specific than, the Comprehensive
Plan. A subarea plan may be more or less restrictive than the Comprehensive Plan. A subarea plan
may be a comprehensive land use plan only for an individual rural or urban area, or a functional long-
range plan for a land use or resource issue of countywide concern such as open space conservation or
amendments to lands designated as mineral lands of long-term commercial significance.
(c) Criteria. Subarea plans shall be consistent with the GMA, goals and policies in the Comprehensive
Plan, applicable subarea plans, and with the provisions of the State Environmental Policy Act
(SEPA).
(d) Initiation. A subarea planning process may be initiated upon action of the Board of County
Commissioners. The Board may, at its option, hold a public hearing on the matter or refer it to the
Planning Commission for a recommendation before taking action.
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(e) General Procedures. All procedures and processes for any proposed subarea planning effort shall be
reviewed by the Director of the Department of Community Development. Fairness, openness, and full
citizen participation shall be paramount in all subarea planning procedures and processes. The
Director shall be responsible for coordination and preparation of subarea planning documents
according to the procedures authorized by the Board. Planning efforts may include formulation of a
subarea planning advisory committee comprised of a broadly representative cross section of residents
living in and property owners of the community affected, as appointed by the Board. The subarea
planning advisory committee may assist in the development of any proposed planning documents.
(f) Amendment and Review Process. All proposed subarea plans and plan amendments shall be
processed in accordance with the procedures of this Chapter.
25.12.060 New Fully Contained Communities
(a) New fully contained communities may be designated as new urban growth areas if the approval
criteria specified in the Comprehensive plan are met. Such designation shall be processed as a
comprehensive plan amendment as specified in GCC § 25.12.030.
25.12.070 Master Planned Resorts
(a) Applicability. This section applies to:
(1) New Master Planned Resorts, including applications for subsequent phases or for amendment of
the Master Plan; and
(2) Existing Master Planned Resorts (Sun Lakes Dry Falls State Park) without Master Plans
approved by the County. Prior to receiving development approval or permits for any new
development in an existing MPR, the applicant shall prepare a Master Plan to meet the
requirements of this section and other applicable sections of the GCC.
(b) Purpose. To provide for the planning, development, and operation of Master Planned Resorts (MPR)
and their Master Plans in accordance with the Comprehensive Plan and RCW 36.70A.360 and RCW
36.70A.362.
(c) Master Plan Requirements. A Master Plan shall be prepared for the MPR to describe the project and
provide a framework for project control and operation during and after development. This shall
include:
(1) A description of the setting and natural amenities that the MPR is being situated to use and
enjoy, and the particular natural and recreation features that will attract people to the area and
resort;
(2) A description of the destination resort facilities of the MPR, including short-term visitor
accommodations, on -site outdoor and indoor recreational facilities, off -site and excursion
opportunities offered or provided as part of the resorts" services, and commercial and supportive
services provided. The manner in which the services will support and be integrated into the on -
site recreational nature of the resort shall be discussed as part of a recreation plan and/or the
required discussion in subsection (c)(3), below;
(3) A description, with supportive information, of the design and functional features that provide for
a uniform development, superior site design and protection of natural amenities, and which
further the goals and policies of the Comprehensive Plan. This shall discuss how landscaping
and open space, recreational facilities (if any), road and parking design, capital facilities, and
other components of the Master Plan work together in the project;
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(4) In connection with the descriptions above, a listing of the proposed additional allowable uses
and maximum density of the MPR as provided in GCC § 23.12.220 and a discussion of how
these uses and their distribution meet the needs of the resort and its patrons;
(5) A description of any location -specific standards that are established to retain and enhance the
character of the particular resort, and of how the MPR is meeting or will meet those standards;
(6) A description of the intended phasing of development of the project, if any. The initial
application for an MPR shall provide sufficient detail for the phases such that the fully intended
scope and intensity of the development can be evaluated. This shall also discuss how the project
will function at interim stages prior to completion of all phases of the project, and how the
project may operate successfully and meet its environmental protection, concurrency, and other
commitments should development cease before all phases are completed;
(7) A map or maps that depict the completed MPR development, showing the full extent and
ultimate development of the MPR or resort and its facilities and services;
(8) Additional maps, drawings, illustrations, or other materials, as appropriate, to assist in
understanding and visualizing the design and operation of the development and its facilities and
service, landscaping, protection of environmentally sensitive areas, and other features of the
development;
(9) A description of how the MPR relates to surrounding properties, and how its design and
arrangement minimize adverse impacts and promote compatibility among land uses within the
development and adjacent to the development;
(10) A demonstration that sufficient facilities and services which may be necessary, appropriate, or
desirable for the support of the development will be available, and that concurrency
requirements of GCC § 25.20 will be met; and
(11) A description of the environmentally sensitive areas of the project area, and the measures that
will be employed for their protection.
(d) Application Requirements. Application requirements shall be as follows:
(1) New Master Plan for a New Master Planned Resort. For new MPR applications, a Master Plan
shall be prepared to meet the requirements of GCC § 23.12.220 and this Chapter; and shall
include a request for a land use redesignation (and density change, if applicable) for the MPR to
meet the requirements of subsection (e) of this section.
(2) New Master Plan for an Existing MPR. A new Master Plan required by GCC § 25.12.070(a)(2)
shall be prepared to meet the requirements of GCC § 23.12.220 and this Chapter, and the SEPA
requirements of GCC § 24.04.
(3) Planned Unit Development (PUD) Application. A PUD application shall be prepared for
approval of any new development in an MPR land -use designation, except as provided in
subsection (5) below, and for each new phase of development. A phase that is consistent with
the approved Master Plan will not require a Master Plan amendment.
(4) PUD Submittal Requirements. PUD submittal requirements shall be as specified in GCC §
23.04.800.
(5) Master Plan Amendment Application. An amendment to an approved Master Plan shall be
prepared for the approval of new development in any one-year period in an MPR planning area
when any of the following occur:
(A) A new type of recreational facility is proposed that was not previously discussed in the
Master Plan;
(B) New uses are proposed that were not previously authorized in the Master Plan and are
specified in GCC § 23.04 as requiring a Plan Amendment; or
(C) A major change in theme or market approach is proposed which would result in the need
for different or expanded facilities.
Chapter 25.12 10 le, vm b-i December 20244 Amendments
1 An application for amendment of a Master Plan shall submit those discussion and plans that are
2 required by subsections (c) and (d) of this section, and other materials or information that are
3 new or modified from the materials included in the existing Master Plan, plus provide such
4 additional unchanged material as is necessary for the understanding and review of the proposed
5 amendment. Each amendment of a Master Plan shall undergo an environmental assessment and
6 concurrency review in accordance with the requirements of GCC § 24.04 and § 25.20,
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respectively.
(e) Site -Specific Land Use Redesignation for a Master Planned Resort. Procedures for asite-specific land
use redesignation for an MPR shall be as set forth for amendments to Comprehensive Plan Maps as
specified in GCC § 25.12.030, and as follows:
(1) A request for amendment of the Comprehensive Plan Maps in order to designate an MPR land
use district, and any associated changed in densities, shall be submitted together with the
application for the MPR. The Department shall evaluate the request to modify the
Comprehensive Plan Maps and shall forward recommendations to the Planning Commission and
BOCC for consideration.
(2) The request for amendment shall include a discussion that addresses the information
requirements of GCC § 25.12.030(g)(2) and (3); and identifies where in the application materials
and Master Plan the information and discussions maybe found.
(3) Through the use of legal descriptions and maps, the application shall identify clearly the areas
for which the changes are requested. The reason or reasons for the request shall be clearly stated.
The application shall describe how the proposed change meets all of the criteria for approval
listed in GCC § 25.12.030(h) and GCC § 25.12.070(h), below.
(f) Optional Consolidated Review. If the application for a MPR involves both a legislative action process
as specified herein and another administrative process set forth in GCC § 25.04.050, such as review
of a Planned Unit Development application, the applicant may, at the time of the application
submittal, elect to have the project permit applications processed collectively under the legislative
action review process. If no such election is made at the time of application, each project permit
application will be processed individually under each of the procedures identified by the Grant
County Code. If the application is processed under the individual procedure option, the legislative
action procedure must be processed prior to and separately from the lesser procedure of GCC §
25.04.050.
(g) Criteria for Approval.
(1) Master Planned Resort Proposal and Application. An application to designate a Master Planned
Resort or for a Master Plan for an existing MPR may be approved, or approved with conditions,
if it meets all of the criteria below. If no reasonable conditions or modifications can be imposed
to ensure that the application meets these criteria, then the application shall be denied.
(A) The Master Plan meets the requirements of GCC § 25.12.070 and GCC § 23.12.220;
(B) The MPR is consistent with goals and policies of the Comprehensive Plan, the
requirements of the Shorelines Master Program, GCC § 24.08, and complies with all other
applicable sections of this UDC and all other codes and policies of the County;
(C) The MPR is designed to blend with the natural setting and does not block scenic views
from adjacent properties;
(D) Off -site and on -site impacts to roads, other public facilities, and the natural environment are
mitigated at the time of development;
(E) If an MPR will be phased, each phase contains adequate infrastructure, open space,
recreational facilities, landscaping and all other conditions of the MPR sufficient to stand-
alone if no subsequent phases are developed;
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(F) The MPR will provide active recreational uses such as boating, pools, and playing fields,
and sufficient services such as transportation access, police, fire, and social and health
services, to adequately meet the needs of the guests and residents of the MPR;
(G) The MPR will contain within the development all necessary supportive and accessory on -
site urban -level commercial and other services, and such services shall be oriented to serve
the MPR;
(H) Environmental considerations are employed in the design, placement, and screening of
facilities and amenities so that all uses within the MPR are harmonious with each other, and
in order to incorporate and retain, as much as feasible, the preservation of natural features,
public views, and historic and other important features;
(I) Improvements and activities are located and designed in such a manner as to avoid or
minimize adverse effects of the MPR on surrounding lands and property; and
(J) The Master Plan establishes location -specific standards to retain and enhance the character
of the resort.
(2) Site -Specific Land Use Redesignation for a MPR. The County may approve or approve with
conditions an application for a change of designation or density for the property in order to
designate the MPR if all of the criteria of GCC § 25.12.030(h) are met, provided that new urban
and suburban land uses are precluded from outside of the boundaries in the vicinity of the MPR
except in designated urban growth areas in accordance with RCW 36.70A.360(2) and RCW
36.70A.362(2)(e).
(3) Planned Unit Development Application. A PUD shall be approved only if the Approval Criteria
specified in GCC § 23.04.800(h) are met.
(h) Time Limits.
(1) Initiation of a New Master Planned Resort. The first PUD application shall be submitted within
two (2) years of the date of the Master Plan and MPR approval, or the approval shall become
null and void. An extension of up to one (1) year may be granted by the Administrative Official
if the proponent demonstrates good cause for an extension.
(2) Planned Unit Development. If the PUD requires land division or a binding site plan, the time
limits of GCC § 23.04.800 shall apply. If no land division or binding site plan is required,
construction must be completed within five (5) years of approval of the PUD. A one (1) year
extension may be granted by the Administrative Official.
25.12.080 Major Industrial Developments
(a) New major industrial developments may be designated pursuant to the requirements of RCW
36.70A.365 if the approval criteria specified in the Comprehensive plan are met. Such designation
shall be processed as a comprehensive plan amendment as specified in GCC § 25.12.030.
25.12.090 Emergency or Interim Regulations
(a) The provisions of RCW 36.70A.390 for emergency or interim maps or regulations or moratoria, if
applicable, shall supersede the requirements of this Chapter.
25.12.100 Appeals
(a) Any action to review the final decision of the Board of County Commissioners on a plan, plan
amendment or development regulation that is subject to the jurisdiction of the Growth Management
Hearings Board shall be processed according to 36.70A RCW b b
Chapter 25.12 12 Ace ve *be+- December• 20244 Amendments
I (b) If the decision of the Board is not subject to the jurisdiction of the Growth Management Hearings
2 Board, appeals of legislative actions may be made to the Grant County Superior Court according to
3 applicable requirements of state laws atid GCC § 25.04.430=- and § 25.12.130.
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5 (c) An appeal of an administrative decision shall be filed with the hearings examiner, and notice of the
6 appeal shall be sent to the development services department, pursuant to GCC § 25.12.120, by the
7 applicant or any party of record.AXA
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8 ann0rdan_r_e With__i A nrr�nA�rac in GGG S 25 04420
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10 (d) An appeal of a final legislative decision or final quasi-judicial decision shall be timely filed as a
11 judicial appeal pursuant to GCC § 25.12.120.
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13 (e) The county has no obligation to defend an appeal from a decision of the department, hearing
14 examiner, planning commission, or the board of county commissioners, on behalf of any party other
15 than the county itself.
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17 25.12.110 Administrative appeals.
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19 (1) An Administrative appeal to the hearing examiner shall be filed with the hearings examiner and notice
20 of the appeal shall be sent to the development services department, within ten (10) working days of the
21 issuance of the decision being appealed.
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23 (2) The notice of appeal shall contain a concise statement identifying_
24 (a) The decision being appealed;
25 (b) The name and address of the appellant and his/her interest(s) in the application or proposed
26 development;
27 (c) The specific reason(s) why the appellant believes the decision to be erroneous, including
28 identification of each finding of fact, each conclusion, and each condition or action ordered which
29 the appellant alleges to be erroneous. The appellant shall have the burden of proving the decision
30 is erroneous and;
31 (d) The specific relief sought by the appellant.
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33 25.12.120 Judicial appeals.
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35 (1) Appeals of a final action of the county with respect to an application for which all administrative
36 appeals specifically authorized have been timely exhausted shall be filed in the superior court and served
37 on all necessary parties as follows:
38 (a) Within twenty-one 21) days after the date of issuance of the notice of final decision, pursuant
39 to RCW 36.70C.040;
40 (i) Exemptions listed under RCW 36.70C.030, are not subject to the judicial appeal
41 process under RCW 36.70C but may be subject to judicial review via other means; and an
42 agieved person/party may request a reconsideration pursuant to GCC § 25.12.140.
43 (b) An initial hearing shall be set no sooner than thirty-five (35) days and no later than fifty (50)
44 days after the petition is served on the parties identified in 36.70C.040 (2)RCW, pursuant to RCW
45 36.70C.080.
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47 (2) Pursuant to RCW 36.70C.110: The appellant shall arrange for transcription of any hearings held on
48 the application and file all transcripts. All costs of transcription and preparing the record of appeal shall
49 be paid by the appellant. The adopted fee schedule shall represent the department's reasonable costs of
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duplicating the record. Failure by the petitioner to timely pay the county relieves the county of
responsibility to submit the record and is grounds for dismissal of the petition.
25.12.130 SEPA appeals.
(1) A major purpose of this title is to combine environmental considerations with public decisions.
Therefore, pursuant to RCW 43.21 C.075, any appeal brought under the State Environmental Policy Act
(SEPA) shall be linked to a specific governmental action. SEPA provides a basis for challenging whether
governmental action is following the substantive and procedural provisions of Chapter 43.21 RCW,
Chapter 197-11 WAC, and GCC § 24.04. It is not intended to create an independent cause of action
unrelated to a specific government action.
(2) Unless otherwise provided by RCW 43.21 C.075, appeals under SEPA shall be taken from a
governmental action of the county, together with its accompanying environmental determinations.
25.12.140 Reconsideration,
(c4 Any aggrieved party or agency that believes the decision of the hearing examiner is unsound
based upon errors in procedure, law, interpretation or adopted policy, fact, judgment, or the discovery of
new factual evidence which, by due diligence, could not have been found prior to the hearing examiner's
hearing, may make a written request for reconsideration by the hearing examiner within ten (10) working
days of the filing of the written record of decision. The request for reconsideration shall be submitted to
the hearings examiner and notice of request for reconsideration shall be sent to the development services
department. Reconsideration of the decision is wholly within the discretion of the hearing examiner. If
the hearing examiner chooses to reconsider the decision, the hearing examiner may take such further
action deemed proper and may render a revised decision within five (5) working days after the date of
filing of the request for reconsideration. A request for reconsideration is not a prerequisite to filing an
appeal pursuant to this title.
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