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Home My WebLink AboutResolution 05-192-CCBOA" OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON RESOLUTION/ORDINANCE NO. 05 CC An Ordinance Extension (#5) of Ordinance 04 -078 -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 I (SDI), 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. GENERAL AREA SOAP LADE AREA RIDGEVIEW ESTATES RURAL COMMUNITY THE GORGE RECREATIONAL DEVELOPMENT WHEELER AREA MOSES LAKE AREA MAE VALLEY SHORELINE EPHRATA AREA STRATFORD ROAD AREA 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 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 has adopted by prior ordinance, including Ordinances 04 -026 -CC, 04 -027 -CC, 04 -02$ -CC, 04 -029 -CC, 04 -030 -CC, 04 -031 -CC, 04 -032 -CC, 04 -033 -CC and 04 -034 -CC, official controls relating to the rescission of Interim Ordinance No. 2002 -47 -CC and Adoption of Interim Official Controls identifying Interim RAIDS, and hereby adopts by reference, the findings contained therein; 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 (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 Eastern Washington Growth Management Hearings Board regarding Grant County's Rural Areas of More Intensive Development (RAIDS) back to Grant County in order to bring this element of the County's Comprehensive Plan and County -wide Planning Policies (CWPPs) into compliance with the Washington State Growth Management Act; and, WHEREAS, Grant County fully intends to continue and complete the work plan to bring the RAIDS into full compliance with the Final Decision and Orders of the Eastern Washington Growth Management Hearings Board and the Growth Management Act; 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 EWGMIIB Final Decision and Order and the GMA, specifically with regard to historical development patterns; and, Fxtension #5 Extension of 04 -078 -CC Grant County Board of Commissioners Ordinance No. Page 2 WHEREAS, Pursuant to the Orders of the EWGMHB the County completed a review of the Rural Areas of More Intensive Development and adopted Ordinance 04 -007 -CC on January 14, 2004; and WHEREAS, Grant County filed a motion for a compliance hearing for review of Ordinance 04 -007 -CC with the Eastern Washington Growth Management Hearings Board; and WHEREAS, The Eastern Washington Growth Management Hearings Board has subsequently reviewed the County's request for Compliance of the adoption of Ordinance 04 -007 -CC in the matter of Case No. 99-1-0019; and WHEREAS, The Eastern Washington Growth Management Hearings Board issued a May 6, 2004 Order on Compliance relating to Ordinance 04 -007 -CC, and WHEREAS, the Eastern Washington Growth Management Hearings Board found the amendments to the County - Wide Planning Policies to address RAIDS to be GMA compliant; the adoption of the harmonization document entitled "Grant County Planning Goals and Rural Element of the Comprehensive Plan" to be GMA compliant; and WHEREAS, The Eastern Washington Growth Management Hearings Board May 6, 2004 Order on Compliance on Ordinance 04 -007 -CC found twenty-five (25) of the County's RAIDS to be GNIA Compliant and four (4) to be Non- compliant (see Attachment 2); and found a number of RAIDS to be Non -Compliant due to the failure to designate those RAIDS as a Type I, II or II (see Attachment 2) and directed the County to review and determine the GMA RAID Type for the remaining thirty-four (34) RAIDS within 90 days (see Attachment 2); and, WHEREAS, it is necessary to extend Ordinance 04 -078 -CC, Relating to the Rescission of Interim Ordinance No. 2002 -47 -CC and Adoption of Interim Official Controls identifying Interim RAIDS pending adoption of final regulations and order by the Eastern Washington Growth Management Hearings Board with respect to the remaining thirty-four (34) RAIDS were found Non-compliant for failure to designate the same as a Type I, II or III RAID, as well as the four (4) RAIDs that were found Non -Compliant; and WHEREAS, The Board of County Commissioners makes the following findings: 1. An emergency exists; 2. There is not adequate time to satisfy normal notice for a public hearing; 3. A Public Hearing has been scheduled and will be conducted on March 2, 2005 at 11:30 am. WHEREAS, it is the intent of the Board 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 remain in compliance with the Eastern Washington Growth Management Hearings Board decisions and the Growth Management Act through the extension of this ordinance, or portions thereof, until such time as the above mentioned issues have been fully resolved to the satisfaction of the Board of County Commissioners and Eastern Washington Growth Management Hearings Board; and, WHEREAS, the Board of County Commissioners makes the following findings: I. The Board of County Commissioners has directed Grant County Planning Staff to continue review of the Rural Areas of More Intensive Development consistent with the EWGMH13 Final Decision and Orders, including the Order on Compliance issued May 6, 2004; in order to bring them into full compliance; and, 2. Interim official controls prohibiting development in the designated Rural Areas of More Intensive Development (RAIDS) have been in effect for more than 3 years, creating an emergency situation regarding development within RAIDs that requires an interim boundary designation prior to completing the final amendment process. BE IT ORDAINED THAT, through the extension of Ordinance 04 -078 -CC the Grant County Board of County Commissioners do hereby ordain and establish interim boundaries for the Rural Areas of More Intensive Development as follows: A) The boundaries of the twenty-five (25) RAIDs "Found In Compliance" in the May 6, Extension #5 Extension of 04 -078 -CC Grant County Board of Commissioners Ordinance No. Page 3 2004 Final Decision and Order of the EWGMHB (see Attachment 2); B) The remaining RAIDs as mapped in Attachment 1. BE IT FURTHER ORDAINED, the effective date of this ordinance shall be: 5 p.m. November 22, 2005 through 5 p.m. May 22, 2005. In the event an additional extension is necessary, the Grant County Board of County Commissioners hereby tentatively schedules a Public Hearing for May 3, 2005 at 1:30 p.m. in the Grant County Courthouse Board of County Commissioners Hearings Room, Ephrata, Washington. PASSED AND ADOPTED this _13ay of —rAb__, 2005. BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON Ayes Nayes Obstain ElLeRoy C. Allison, Deborah Kay Moore, Member Er 0 0 Richard Stevens, Member Extension #5 Extension of 04 -07$ -CC Grant County Board of Commissioners Ordinance No. Page 4 ATTACHMENT I GRANT COUNTY RURAL AREAS OF MORE INTENSIVE DEVELOPMENT GENERAL AREA SOAP LAKE AREA RIDGE VIE JW ESTA TES RURAL COMMUNITY THE GORGE RECREATIONAL DEVELOPMENT WHEELER AREA MOSES LAKE AREA MAE VALLEY SHORELINE EPHRATA AREA STRATFORD ROAD AREA Extension #5 Extension of 04 -078 -CC Grant County Board of Commissioners Ordinance No. Page 5 ATTACHMENT 2 Eastern Washington Growth Management Hearings Beard Allay 6, 2004 ORDER ON COMPLIANCE Case No. 99-1-0019 Extension #5 Extension of 04 -078 -CC