HomeMy WebLinkAboutOrdinance 04-101-CCGRANT COUNTY BOARD OF COUNTY COMMISSIONERS
GRANT COUNTY, WASHINGTON
Ordinance No. 04 - /0/ - CC
An Ordinance Relating to the Re -adoption and Extension of Ordinance 2004-
025 -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), Rural Village 1 (RVRI), Rural Village 2 (RVR2), and
limiting 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 (RHI), Rural Residential 2 (RR2), Rural Residential 3 (RR3),
Rural Community (RC), Agriculture Service Center (ASC), Recreational
Development (RD), Rural Village Commercial (RVC), Rural Village
Industrial (RVI), 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 (the "BOCC"} intends to comply fully
with the orders and directives of the Eastern Washington Growth Management Hearings Board
(the "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 Court of Appeals; and
WHEREAS, RCW 36.70A.390 provides for the re -adoption and extension of interim
zoning controls for one or more six-month periods provided Grant County (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 BOCC has initiated an appeal of the Board's decision holding the
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 (the "Act"); and
WHEREAS, Thurston County Superior Court has remanded the Final Decision and
Order of the Board regarding 2.5 Acre Residential Densities for further proceedings; and
WHEREAS, as directed by Thurston County Superior Court, the Board is currently in
the process of reviewing the 2.5 Acre Residential Density issue; and
Interim Official Zoning Control Ordinance (8) Page 1 of 4
WHEREAS, the BOCC has initiated an appeal of the Board's decision holding County's
adoption of Rural Areas of More Intensive Development (RAIDS) in the Comprehensive Plan as
non-compliant with the County -wide Planning Policies adopted in 1993; and
WHEREAS, Thurston County Superior Court has remanded the Final Decision and
Order of the Board regarding County's RAIDS back to the County in order to bring this element
of the County's Comprehensive Plan and County -wide Planning Policies ("CWPP") into
compliance with the Act; and
WHEREAS, the County and the Cities and Towns in Grant County have reconvened the
Grant County Planned Growth Committee ("GCPGC") in order to consider potential
amendments to the 1993 CWPP on any issues brought forward by the members; and
WHEREAS, the GCPGC approved by a majority vote the incorporation of provisions of
the Act, .Revised Code of Washington Chapter 36.70A RCW as amended 1995-1997,
recognizing and including RAIDS into the CWPPs; and
WHEREAS, as directed by the Final Decision and Orders of the Board and consistent
with the GMA, the County has prepared a work plan to review and revise the RAIDS as
designated in the Comprehensive Plan, and has been and is currently implementing that work
plan; and
WHEREAS, as an interim step advancing the County towards greater compliance with
the Final Decision and Orders of the Board regarding RAIDs, the County has adopted "Interim
RAID Boundaries", Ordinance No's. 03 -069 -CC through 03 -077 -CC; and
WHEREAS, the County frilly intends to continue and complete the work plan to bring
the RAIDS into full compliance with the Final Decision and Orders of the Board and the Act; and
WHEREAS, the Board of County Commissioners have provided the required public
notice for the proposed extension; and,
WHEREAS, it is the intent of the BOCC 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 BOCC to
maintain compliance with the Board's decisions through the extension of this ordinance, or
portions thereof, until such time as the above-mentioned appeals have been hilly resolved to the
satisfaction of the County.
Interim Official Zoning Control Ordinance (8) Page 2 of 4
NOW, THEREFORE, The BOCC does hereby ordain and establish interim
development regulations as follows:
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.
New residential development located within RAID boundaries designated in the
Unified Development Code but outside of "Interim RAID Boundaries" as
identified in Ordinance No's. 03 -069 -CC through 03 -077 -CC shall not be greater
than one (1) dwelling unit per five (5) acres in the following zoning districts:
Rural Community (RC), Agriculture Service Center (ASC), Recreational
Development (RD), Rural Village 1 (RVR1), Rural Village 2 (RVR2), Shoreline
Development 1 (SDI), Shoreline Development 2 (SD2), Shoreline Development 3
(SD3), Shoreline Development 4 (SD4)
New commercial development and new non-agricultural industrial development
located within RAID boundaries designated in the Unified Development Code but
outside of "Interim RAID Boundaries" as identified in Ordinance No's. 03 -069 -
CC through 03 -077 -CC, shall be prohibited in the following zoning districts:
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), Rural Village Commercial
(RVC), Rural Village Industrial (RVI), Shoreline Development 1 (SDI), Shoreline
Development 2 (SD2), Shoreline Development 3 (SD3), and Shoreline
Development 4 (SD4).
All development within the "Interim RAID Boundaries" as identified in
Ordinance No's. 03 -069 -CC through 03 -077 -CC, shall conform to the provisions
of the Grant County Unified Development Code.
Interim Official Zoning Control Ordinance (8)
Page 3 of 4
NOW THEREFORE BE IT FURTHER ORDAINED, the effective date of this
ordinance shall be: 11:59 p.m. August 25, 2004, through 12:01 a.m. February 24, 2005.
In the event an additional extension is necessary, the BOCC hereby tentatively schedules a
Public Hearing for February 15, 2005, at 1:30 p.m., in the Grant County Courthouse, Board of
County Commissioners Hearings Room, Ephrata, Washington. Grant County Ordinance No.
2004 -025 -CC is hereby repealed, effective August 25, 2004, at 11:59 pm.
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. nn
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PASSED AND ADOPTED this 3 day of August 2004.
BOARD OF COUNTY COMMISSIONERS
GRANT COUNTY, WASHINGTON
Ayes Nayes Abstain
LeRoy C. Allison, Chair
Q�Lk- &�Skco4le
Deborah Kay Moore, -M ber
P ❑ ❑
Tim Snea (!e ber
ATTEST:
Interim Official Zoning Control Ordinance (8)
Page 4 of 4