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HomeMy WebLinkAboutResolution 02-171-CCBOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON ORDINANCE NO. 2002 -171 - CC An Ordinance Extension (#1) of Ordinance 2002 -82 -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 (SD1), 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. SOAP LAKE AREA RECITALS: WHEREAS, the Board of County Conunissioners 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 (I:AIDs) in the Comprehensive Plan as non-compliant with the County -wide Planning Policies adopted in 199.x; and WHEREAS, Thurston County Supenoi 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 G ant County in order to bring this element of the County's Comprehensive Plan and County -wide Planning Policies (CWPP',) 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 inembci s; 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 flan, the CWPPs and the GMA as directed by the Final Decision and Orders of the EWGMHB and the Growth Management Ac t; and WHEREAS, through the ongoing effort~ of Grant County to comply with the Final Decision and Orders of the EWGMHB and the Growth Managcmcni Act, a residential building and placement permit activity report has been generated; and, WHEREAS, for the period from 1996 through 2000, the i esidential 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 pei iod from 1991 through 1995. only 29.8 % of population growth occurred within the cities of Grant County The population growth .illoca*ion included in the Comprehensive Plan projects SOAP LAKE AREA, Extension #1 Grant County Board of Commissioners Ordinance No. 2002-171-CC 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 At of Morc 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 FWGMi Ila Final Decision .end Oiler 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 1, WGMHB Final Decision and Orders. Once all relevant information has been adequately considered, it is anticipated that the final Muter Boundaries may be further modified from the interim boundaries identified herein to gain full compliance; and, WHEREAS, as directed by the I inal 1), vision and Orders of the Eastern Washington Growth Management Hearings Board and consistent with the i iMA, Grant County liav prepared a work plan to review and revise the Rural Areas of More Intensive Development as designated in du Comprehensive Plan, and has been and is currently implementing that work plan; and. WHEREAS, Grant County fully intends to continue and � omplete the work plan to bring the RAIDS into full compliance with the Final Decision and ()rdeis of the Eastern IoN ashington Growth Management Hearings Board and the Growth Management Act, an(l, WHEREAS, it is the intent of the Boai (I 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 Gi owth Management Hearings Board decisions and the Growth Management Act through the extension of this ordmancc, ' 11 portions thereof, until such time as the above mentioned issues have been fully resolved to the satisfaction „fthe Board of County Conuni;sioners; and, WHEREAS, Grant County has i cceived comments from City i epresentatives expressing concerns about RAID's located in the inmrediate 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 i ural lands of Grant County; and 2) The UGA's were mutually agreed to through cithei it previous collaboratn c process or through mediation efforts; and, 3) RAID's are rural areas of more intcnsrv( development ant- no- ._onsulered urban development; and, WHEREAS, irrespective of the \istine historical rural development pattern identified in the interimmapping, the Board of County Comrrussioners i% ish tip delay the identilicatiou of interim RAID boundaries when located within the immediate area of the UGA 11)r the ( ity ol'Moses Laky, Town of Soap Lake and the City of Ephrata, and continue to work cooperatively m ith cacli city to complete the (iuntv's GMA planning efforts in these areas; and, SOAP LAKE AREA, Extension #1 Grant County Board of Commissioners Ordinance No. 2002-171—CC Page 3 WHEREAS, the Board of Counts Commissioners wish to adopt the non -controversial interim RAIDs as separate ordinances for those which have i ecen ed extensive eommentsrc(mcerns from the public and/or city representatives; and, WHEREAS, the Board of Countv Commissioners believe that the adoption of individual interim ordinances for those RAIDS which have received cxicmive comment will pro%ide the necessary focus and clarity for interested parties; and, WHEREAS, the Board of Countv 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 interni maps has been produced which advance the County's efforts in establishing RAID, w ith regard to historical dev clopment patterns toward greater conformance with the GMA; and, c) Based on the final rcconunendation of the Grant ( ounty Planned Growth Committee, the amendment to the County -wide Planning Policies will achieve the required consistency between the Comprehensive Plan, the (-"WPPs 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 36.70,x.0700 5)(a); and, 2. The Board of County Connimsiouci s has directed Grant County Planning Staff to continue review of the Rural Areas of More Intensive Development consistent with the I WGMHB Final Decision and Orders, the GMA, in order to bring them into full i ompliance; 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 Or 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 replacemer t ordinance is necessary in order to avoid any lapse in development regulations: rind, 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 tentativel} set for this Interim Ordinance on June 25, 2002 at 1:30 p.m. in the Grant Countv Courthouse Board of Count} Commissioners Hearings Room, Ephrata, Washington. NOW, THEREFORE, the Boai d of County Commissioners do hereby rescind interim Ordinance 2002 -47 -CC; and, BE IT FURTHER ORDAINED THAT, through the extension ofthis Ordinance (Ordinance 2002 -82 -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 SOAP LAKE AREA, Extension #1 Grant County Board of Commissioners Ordinance No. 2002-171—CC Page 4 BE IT FURTHER ORDAINED, the effective date of this ordinance shall be: 5 p.m. November 22, 2002 through 5 p.m. May 22, 2003. In the event an additional extension is necessary, the Grant County Board of County Commissioners hereby tentatively schedules a Public Hearing for May 5, 2003 at 1:30 p.m. in the Grant County Courthouse Board of County Commissioners Hearings Room, Ephrata, Washington. PASSED AND ADOPTED this day of ��2002 Ayes Nayes N ATTEST: t Clerk of and PUBLISHED: / 130ARD OF COUNTY COMMISSIONERS GRAN F C011NTY, WASHINGTON 4("rah Kay o Member SOAP LAKE AREA, Extension 41 Grant County Board of Commissioners Ordinance No. 2002-171—CC Page 5 ATTACHMENT 1 GRANT COUNTY RURAL AREAS OF MORE INTENSIVE DEVELOPMENT SOAP LAKE AREA INTERIM BOUNDARY MAPS ORDINANCE No. 200-'-_17_L_-CC SOAP LAKE AREA, Extension #1 Interim Rural Area of Intensive Development Soap Lake Area Legend I1 %.I Interim RAID Boundary Legend OPared Boundary Waterbody ODrvebpcl Prior w Dtcember 31,1990 O RAID BOUNDARY(Rademnl Typr) RAID BOUNDARY(Commew! and Induvunl Zomd) Soap Lake 1 "IV11440,01010, ee7:0 1n '/•rte %i eS11R1; This mqo should not n r.vmrucd as Icgal advra o<Iegal opmron ,. ury The contents ae ,tended for genu il mEormnaon puryosts Drily, and you am urged ro. ,salt your rwyc..„...r, ngy..nr�.wn vncanon and any srwi do queanons ynr .,,av 5ac. Intrartnv n,n rca,niq drawnga, anti other dmnnencs have born gatha ¢d ovc� nary dc, adcs,,cc�nq d,fkdnq scandarclsf rquaLry .onuol, rlr.-unrntanon card vadicaoon All ,t the dxtapmvrdcd rep ..mors. un ern ed..mm�on m a readily avalable fomm� While th. 11.1a a gen.-"fill kn-6�=w d to b�- acouvetr, rn'casronally ii provrs m kn- «„ ornn, Ouu e+ z�uracy s nor wurarrtcd. Pnoc to rnakng arty prq„ rty pun base.,........ b., ed m h,ll nr ,n pan upon the ,nate nal pwv,.led, n n>Lee,fi,Aly advised tharyo,. mdeprndend} rda Grant CountyGIS Staff Adopted May22,2002 Primed May 22, 2002