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HomeMy WebLinkAboutResolution 01-216-CCBOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON ORDINANCE: 01- 216 -CC An Ordinance Relating to the Adoption of Interim Official Controls for the Desert Aire Rural Village as identified in the Grant County Unified Development Code, allowing limited development to occur in the Rural Village Residential 1 (RVRI) and Rural Village Residential 2 (RVR2) areas as identified and recommended by the Desert Aire Advisory Committee; and, the Temporary Suspension of acceptance of development permits in the area not identified as RVRI and RVR2 by the Desert Aire Advisory Committee; and rescinding the previous Interim Official Control adopted October 31, 2000, Grant County Ordinance # 00 -136 -CC. Recitals: WHEREAS, the Grant County Board of County Commissioners intends to comply fully with the Growth Management Act of Washington, and; WHEREAS, the Grant County Board of County Commissioners adopted a Growth Management Act compliant Comprehensive Land Use Plan in September of 1999, and; WHEREAS, the Grant County Board of County Commissioners adopted a Unified Development Code implementing the Comprehensive Plan on October 1, 2000, and; WHEREAS, 36.70A.390 RCW provides for the adoption of interim zoning controls provided the County holds a public hearing on the proposed Interim Zoning Ordinance within at least sixty (60) days of its adoption; and, that the Interim Zoning Ordinance may be effective for not longer than six (6) months, but may be effective for up to one year if a work plan is developed; and, that the Interim Zoning Ordinance may be extended for one or more six-month period, and: WHEREAS, the Grant County Board of County Commissioners intends to comply fully with the orders and directives of the Eastern Washington Growth Management Hearings Board issued in case no. 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, the Grant County Board of County Commissioners have initiated an appeal of the Eastern Washington Growth Management Hearings Board's decision which held Grant County's adoption of Rural Areas of More Intense Development (RAIDS) in the Growth Management Act Comprehensive Plan as being non-compliant with the County -wide Planning Policies adopted in 1993, and; WHEREAS, Desert Aire is classified as a Rural Village, a type of RAID, in the September 1999 Grant County Comprehensive Plan, and; Ordinance # (p Page 2 of 5 WHEREAS, Desert Aire is the only Rural Village identified in the GMA Comprehensive Plan and Unified Development Code, and; WHEREAS, there exists ongoing litigation involving allegations of the County's failure to enforce land use regulations affecting Desert Aire, and; WHEREAS, Desert Aire possesses unique development characteristics that require careful planning in regards to allowable uses, performance standards, development standards, and; WHEREAS, the Grant County Board of County Commissioners promised the residents in the Desert Aire Rural Village area that the County would undertake an area -specific effort to implement unified development regulation consistent with the comprehensive plan and the Growth Management Act in their area once the County has adopted the updated Unified Development Code, and; WHEREAS, Grant County has initiated the formation of a citizens advisory group in order to supplement and complete those portions of the Unified Development code that will guide future development of Desert Aire, and; WHEREAS, the Desert Aire Citizens Advisory Committee has completed their review of the Unified Development Code and produced a recommendation to the Grant County Planning Department for zoning and development standards within the Desert Aire Rural Village, and; WHEREAS, it is the intent of the Grant County Planning Department to initiate the Unified Development Code amendment process on the Desert Aire Citizens Advisory Committee recommendation for zoning and development standards in the Desert Aire Rural Village as soon as reasonably possible, and; WHEREAS, the Grant County Board of County Commissioners adopted an Interim Official Control on October 31, 2000 (Ordinance # 00 -136 -CC) temporarily suspending the acceptance of development permits the Desert Aire Rural Village as identified in the Comprehensive Plan and Unified Development Code, and; WHEREAS, after review and due consideration by the Board of County Commissioners, the recommendation reached by the Desert Aire Citizens Advisory Committee appears to be generally consistent with the Comprehensive Plan as well as generally strikes a reasonable balance with regard to zoning, development standards, and private property rights on an interim basis; and WHEREAS, the Grant County Board of County Commissioners acknowledge the need to take interim measures which will allow limited development to occur until the County has completed the Unified Development Code amendment process, and; WHEREAS, if a final plat or final short plat has been approved by Grant County within five (5) years of the date the development application is submitted, a development application for the subject property may be accepted as counter complete, where the requirements for counter complete status under Grant County Code 25.04. 150 have been satisfied, and; WHEREAS, a development permit application for a final plat or final short plat approved by Grant County within five (5) years of the date the application is submitted may be approved, provided that the Ordinance # Page 3 of 5 development permit application complies with all applicable requirements of the Grant County Code at the time of a full and complete application for preliminary plat approval was filed with Grant County, and; WHEREAS, the effective date of this extension shall be 8 00 a.m. January 1, 2002 through June 30, 2002. WHEREAS, it is the hope of the Grant County Board of County Commissioners that this interim measure will only be in effect for a short period until such time as the County has completed the Unified Development Code amendment process, and; WHEREAS, the Board of County Commissioners makes the following findings: 1. An emergency situation exists regarding development in Desert Aire that requires an interim control device prior to completing the formal amendment process of the Unified Development Code. 2. The County has completed its promise and provided the forum for Desert Aire area residents to undertake an area -specific planning process for Deseri Aire, which concluded on December 15, 2000 with a final recommendation. The Desert Aire Advisory Committee recommendation generally strikes a reasonable balance with regard to zoning, development standards, private property rights and the Comprehensive Plan for implementation on an interim basis. 4. Grant County Planning Staff will be initiating the Unified Development Code (UDC) amendment process as soon as reasonably possible in order to finalize the zoning and development regulations in the Desert Aire Rural Village. NOW, THEREFORE, The Grant County Board of County Commissioners having made the forgoing Findings do hereby ordain and establish interim development regulations as follows: Consistent with the recommendation of the December 15, 2000 Desert Aire Citizens Advisory Committee Report: RVR1: In addition to all applicable County UDC requirements, the zoning and developments standards found in TABLE #4 and TABLE #5 of Attachment "A" shall be administered as an Interim Official Control in the area identified as Rural Village Residential 1 with the exception that the "Residential Floor Area Requirements" proposed in Chapter 23.12 shall not be implemented at this time. RVR2: In addition to all applicable Unified Development Code requirements, the zoning and developments standards found in TABLE #4 and TABLE #5 of Attachment "A" shall be administered as an Interim Official Control in the area identified as Rural Village Residential 2 with the exception that the "Residential Floor Area Requirements" proposed in Chapter 23.12 shall not be implemented at this time. Wherever the requirements of this interim ordinance contlict with the UDC or other laws in effect, that which imposes the higher standard while meeting the intent of the codes shall prevail. Ordinance # _ ice__ Page 4 of 5 A temporary suspension of the acceptance of development permits shall be enforced on an interim basis for all areas located within the Desert Aire Rural Village not identified in the Desert Aire Advisory Committee Report (Attachment "A") as Rural Village Residential 1 (RVRI) and Rural Village Residential 2 (RVR2) until such time as the County has adopted the required portions of the Unified Development Code. No development permit applications shall be accepted, unless they are in accordance with the provisions herein: A. If a final plat or final short plat has been approved by Grant County within five (5) years of the date the development application is submitted, a development application for the subject property may be accepted as counter complete, where the requirements for counter complete status under Grant County Code 25.04.150 have been satisfied. B. A development permit application for a final plat or final short plat approved by Grant County within five (5) years of the date the application is submitted may be approved, provided that the development permit application complies with all applicable requirements of the Grant County Code at the time of a full and complete application for preliminary plat approval was filed with Grant County. BE IT FURTHER ORDAINED, that the Grant County Board of County Commissioners hereby officially rescind Ordinance #00 -136 -CC which previously suspended all development permits within the Desert Aire Rural Village with limited exceptions, and; PASSED by the Board of County Commissioners in session at Ephrata, Washington, by the following vote, then signed by its membership and attested by its Clerk in authorization of such passage this /$7`� day of 061,4 M,66 j�, 2001. YEA; C NAY; BOARD OF GRANT COUNTY COMMISSIONERS GRANT COUNTY WASHINGTON 4. LeRoy C. Allison, Mainnan Deborah Ka or , Commissioner Tim Snead, o /s ssioner -ABSTAIN; and _.. L__ABSESNT ATTEST: X"- Migy Grigg, Cl of the Board LEGAL COUNSEL: Stephen J. Hallstrom, Chief Deputy Prosecuting Attorney Ordinance # llk' Page 5 of 5 ATTACHMENT "A"