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HomeMy WebLinkAboutResolution 01-158-CCBOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON ORDINANCE NO. 2001 -158 - CC An Ordinance Relating to the Re -adoption and Extension of Ordinance 2001 -49 -CC, Interim Official Controls temporarily amending the residential development densities in Rural Residential 2 (RR2), Rural Residential 3 (RR3), Rural Community (RC), Agriculture Service Center (ASC), Recreational Development (RD), Shoreline Development 1 (SDI), Shoreline Development 2 (SD2), Shoreline Development 3 (SD3), Shoreline Development 4 (SD4), and prohibiting non-agricultural industrial development and commercial development in Rural General Commercial (RGC), Rural Neighborhood Commercial (RNC), Rural Freeway Commercial (RFC), Rural Recreational Commercial (RRC), Rural Light Industrial (RLI), and Rural Heavy Industrial (11111), Rural Residential 2 (RR2), Rural Residential 3 (11113), Rural Community (RC), Agriculture Service Center (ASC), Recreational Development (RD), Shoreline Development 1 (SDI), Shoreline Development 2 (SD2), Shoreline Development 3 (SD3), Shoreline Development 4 (SD4) zoning districts, and other matters properly relating thereto. 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 pending appeal of certain portions of the Board's Final Decisions and Orders to the Thurston County Superior Court; and, WHEREAS, 36.70A.390 RCW provides for the re -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 residential densities in the Comprehensive Plan' of one dwelling unit per 2.5 acres in the rural lands designation of Grant County is non-compliant with the Growth Management Act; 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 commercial and rural industrial land use designations in the Comprehensive Plan to be non-compliant with the Growth Management Act; and The Board has not passed on the validity of the Uniform Development Code Grant County Board of Commissioners Ordinance No. 2001 -158 -CC Page 2 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 is non- compliant with the County -wide Planning Policies adopted in 1993; and WHEREAS, the Board of County Commissioners have provided the required public notice regarding this matter; and WHEREAS, it is the hope of the Board of County Commissioners that this interim measure will only be in force 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 through the extension of this ordinance, or portions thereof, until such time as the above mentioned appeals have been fully resolved to the satisfaction of the Board of County Commissioners. WHEREAS, the effective date of this ordinance shall be: 5 p.m. September 30, 2001 through 5 p.m. March 31, 2002. In the event an additional extension is necessary, the Grant County Board of County Commissioners hereby tentatively schedules a Public Hearing for March 19, 2002 at 1:30 p.m. in the Grant County Courthouse Board of County Commissioners Hearings Room, Ephrata, Washington. NOW, THEREFORE, The Grant County Board of County Commissioners do hereby ordain and establish interim development regulations as follow,: Rural Residential 2 (RR2): Maximum residential density shall not be greater than one (1) dwelling unit per five (5) acres. Rural Residential 3 (RR3): Maximum residential density shall not be greater than one (1) dwelling unit per five (5) acres. Rural Community (RC), Agriculture Service Center (ASC), Recreational Development (RD), Shoreline Development I (SDI), Shoreline Development 2 (SD2), Shoreline Development 3 (SD3), Shoreline Development 4 (SD4): A) Maximum residential density shall not be greater than one (1) dwelling unit per two and one half (2 `/2) acres where development is proposed within the obvious historically developed boundaries. B) Maximum residential density shall not be greater than one (1) dwelling unit per five (5) acres where development is proposed outside of the obvious historically developed boundaries. New commercial development and new non-agricultural industrial development on previously undeveloped vacant lands outside of the obvious historically developed boundaries shall be prohibited in 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), Rural Residential 2 (RR2), Rural Residential 3 (RR3). Rural Community (RC), Agriculture Service Center (ASC), Recreational Development (RD), Shoreline Development 1 (SDI), Shoreline Development 2 (SD2), Shoreline Development 3 (SD3). Shoreline Development 4 (SD4) zoning districts. For the purpose of this ordinance, the terms "obvious historically developed boundaries" shall be determined by assessing structures and developments completed and in place on or before July 1, 1990. Grant County Board of Commissioners Ordinance No. 2001 -158 -CC Page 3 PASSED by the Board of Grant County Commissioners in regular session at Ephrata, Washington, by the following vote, then signed by its membership and attested by its Clerk in authorization of such passage this 26th dayof September 12001. 3 YEA; NAY; ABSTAIN; and ABSENT. BOARD OF GRANT COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON . LeRoy C.Allison, rperson Deborah Moore;, Commissioner ATTEST: Tim Snead,kmm� sioner Peggy (VA9 OV Clerk of the Board