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HomeMy WebLinkAboutOrdinance 05-216-CCBOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON ORDINANCE/RESOLUTION NO. 05 -216 -CC An Ordinance/Resolution Relating To Comprehensive Planning For Grant County In Accordance With The Washington State Growth Management Act (Chapter 36.70A RCW), The State Environmental Policy Act (SEPA, Chapter 43.21.0 RCW), And The Final Decisions And Orders Of The Eastern Washington Growth Management Hearings Board; Amending And Adopting A Growth Management Act Compliant Urban Growth Area For The City Of Ephrata, Amending And Adopting A Growth Management Act Compliant Rural Density For The Rural Residential 2 Land Use Designation And, Other Matters Properly Relating Thereto. RECITALS: WHEREAS, in 1990 the Washington State Legislature passed and the Governor signed into law the Growth Management Act (the "GMA") as contained in SHB No. 2929 (Washington Laws, 1990 1st Ex. Sess., Ch.17), which was subsequently codified as, among other chapters, chapter 36.70A RCW; and WHEREAS, the Legislature found that uncoordinated and unplanned growth, together with a lack of common goals expressing the public's interest in the conservation and the wise use of our lands, pose a threat to the environment, sustainable economic development, and the health, safety, and high quality of life enjoyed by residents of the state; and WHEREAS, the GMA requires all counties and cities in the state to participate in some planning and, the fastest growing counties and the cities within them, to plan extensively in keeping with state goals on. sprawl reduction; affordable housing, economic development, open space and recreation, shoreline management, environmentally sensitive and natural resource areas, regional transportation, environmental protection, property rights, natural resource industries, historic lands and buildings, permit processing, public facilities and services, and early and continuous public participation; and WHEREAS, chapter 36.70A RCW requires Grant County (the "County") to adopt a Comprehensive Plan (the "Plan") that meets specified GMA goals and addresses the mandated GMA elements; and WHEREAS, the County adopted the Plan in October of 1999 and, a GMA compliant Unified Development Code (development regulations) in October of 2000, pursuant to chapter 36.70A RCW; and 05 -216 -CC HACurrent Planning\HTorres\Long Range Planning\2.5 and Ephrata UGA (Ephrata 2)\BOCC Ordinance (2.5-Eprata UGA) F1NAL.doc Page 1 of 8 WHEREAS, following the adoption of the County's Plan, the City of Moses Lake, the City of Ephrata, the Town of Royal City and, the Town of Warden, filed appeals with the Eastern Washington Growth Management Hearings Board (the "Board") with issues including, but not limited to, the County's adoption of a rural density of 1 dwelling unit/ 2.5 acres within the Rural Residential 2 Land Use Designation; and, WHEREAS, during the County's 2002 Plan amendment cycle, an amendment was approved expanding the City of Ephrata's (the "City") Urban Growth Area ("UGA") by approximately 13 acres; and, WHEREAS, following the adoption of the County's 2002 Plan amendment cycle, the Greenfield Estates Home Owners Association ("Greenfield") filed an appeal with the Board, regarding the County's adoption and amendment of the City's UGA, petitioning for a finding of non-compliance and/or invalidity; and, WHEREAS, the Board of County Commissioners ("BOCC") intends to comply fully with the orders and directives of the Board issued in EWGMHB Nos. 99-1-0016 and 04-1-0005 and, the orders of Thurston County Superior Court, as appropriate; and, WHEREAS, the BOCC initiated an appeal of the Board's decision in EWGMHB No. 99- 1-0016 addressing, including but not limited to, the County's adoption of rural densities in the Plan as GMA non-compliant; and WHEREAS, Thurston County Superior Court has remanded the Final Decision and Order of the Board regarding the County's rural densities back to the County in order to bring this element of the County's Plan into compliance with the GMA; and WHEREAS, in EWGMHB No. 04-1-0005, the Board issued Final Decision And Order on or about September 7, 2004, and received by the parties on or about October 12, 2004, determining that the proposed expansion of the City's UGA by approximately 13 was "clearly erroneous" and GMA non-compliant and, not addressing Greenfield's request for a finding of invalidity. The Board ordered the County to take legislative action to bring itself into compliance. No party to said action timely filed a motion for reconsideration and/or an appeal; and, WHEREAS, on March 4, 2005, the Board conducted a hearing pursuant to a request for a finding of "Invalidity" by Greenfield; and WHEREAS, as a result of the March 4, 2005, Board hearing on Invalidity, the Board entered Order Denying Motion Seeking A Finding Of Invalidation And Continuing Compliance Hearing, in EWGMHB No. 04-1-0005; and 05 -216 -CC FI:\Current Planning\I-ITorres\Long Range Planning\2.5 and Ephrata UGA (Ephrata 2)\BOCC Ordinance (2.5-Eprata UGA) FINAL.doc Page 2 of 8 WHEREAS, on April 7, 2005, the City provided a voluminous amount of material in support of retaining the —13 acre area within the City's UGA to the BOCC, which was out of session until April 11, 2005. The material was submitted to the BOCC without the benefit of the Planning Commission's (the "Commission") review and advisory recommendation and, without adequate time for public comment which, due to timing, did not afford a reasonable opportunity for the County to review and evaluate its merits; and WHEREAS, it appears to be the clear intent of the Board that the County must take action to remove the —13 acres from the City's UGA in order to avoid a finding of Invalidity, as the Board indicated to the parties during the hearing of March 15, 2005, that affected landowners and/or the City may wish to initiate an amendment through an appropriate process whereby, all would have an opportunity to present new or reorganized facts for consideration by the Board; and WHEREAS, that the County's Plan is a dynamic document which can and will be modified consistent with the GMA from time to time as circumstances warrant same and, as such, the action(s) herein will not preclude interested parties from petitioning or otherwise participating in proposed changes to the Plan through a public review and comment process; and WHEREAS, proposals amending the Rural Residential 2 density and the City's expanded UGA within the Plan have been produced that meet the specified GMA goals and addresses the mandated GMA elements; and WHEREAS, the Commission completed a public hearing/participation process that meets the requirements of GMA pursuant to RCW 36.70A.020(11) and RCW 36.70A.140; and WHEREAS, the Commission compiled a public record, including documents and correspondence that was considered during its review of the proposal to amend the Rural Residential 2 density and, the City's UGA within the Plan; and WHEREAS, the Commission relied upon best available data in specifying and considering proposed amendments to the Plan; and WHEREAS, the proposed amendments were reviewed by State Office of Community Trade and Economic Development ("CTED"), as well as other affected State, federal and local agencies and Tribes, and found, generally, to be in compliance with the requirements of the GMA; and WHEREAS, the comments and correspondence provided by the public, affected State, Federal and Local Agencies and Tribes, have been considered during review of the proposal to amend the Rural Residential 2 density and the City's UGA within the Plan and in the preparation of the attached "Additional Findings of Fact"; and 05 -216 -CC HXurrent Planning\EITorres\Lang Range Planning\2.5 and Ephrata UGA (Ephrata 2)WCC Ordinance (2.5-Eprata UGA) FINAL.doc Page 3 of 8 WHEREAS, the County, acting through its Responsible SEPA Official, conducted a SEPA review process which included the issuance of Adoption of Existing Environmental Documentation on January 14, 2005, all of which was reviewed and considered by the Commission during its decision malting process; and WHEREAS, following public notice, the Commission conducted a public hearing on February 2, 2005, which was continued to March 2, 2005, to consider the proposed density and UGA amendments and, receive public comments; and WHEREAS, upon public notice, the BOCC conducted a public hearing on April 12, 2005, to consider the proposed advisory recommendations of the Commission, along with other public comments pertaining to the proposed density and UGA amendments to the Plan; and WHEREAS, the BOCC considered the entire public hearing record, including the Commission's advisory recommendations, and written and oral testimony submitted during the BOCC's hearings. Now, Therefore, It Is Hereby, ORDAINED that the BOCC adopts the Commission's recommendation to amend the rural density of the Rural Residential 2 Land Use Designation from 1 DU/2.5 acres to 1 DU/5acres in the Plan; and, BE IT FURTHER ORDAINED that the BOCC adopts the Grant County Planning Department's recommendation to amend the City's UGA by removing the subject —13 acres pursuant to the Board's order and, re -designating the area as Rural Residential 1; and BE IT FURTHER ORDAINED that the BOCC adopts the amended Rural Residential 2 density and the amended —13 acre reduction of the City's UGA (including all maps, text and appendices referenced and included herein) and, adopts the Adoption of Existing Environmental Documentation, adopts the attached Additional Findings of Fact and Conclusions of Law, and incorporates the record compiled by the Commission; and BE IT FURTHER ORDAINED that the BOCC rescinds and repeals in their entirety those portions of the Plan which conflict with the changes adopted herein; and BE IT FURTHER ORDAINED that if any provision or provisions of this ordinance/resolution or its application to any person or circumstance is held to be invalid, the remainder of this ordinance/resolution or the application of the provision to other persons or circumstances shall not be effected; and BE IT FURTHER ORDAINED, that all prior policies, ordinances, resolutions and/or regulations rescinded and/or repealed by the adoption of this ordinance, including without limitation, the County's 1999 GMA Plan, as amended, are hereby expressly revived in the event that the County's GMA Plan is at any time hereafter declared in its entirety to be invalid or of no effect by a reviewing body with jurisdiction, pursuant to RCW 36.70A.302(4); and 05 -216 -CC HACurrent Planning\HTorres\Long Range Planning\2.5 and Ephrata UGA (Ephrata 2)\BOCC Ordinance (2.5-Eprata UGA) FINAL.doc Page 4 of 8 BE IT FURTHER ORDAINED that the BOCC adopts all recitals herein as findings of fact in support of this action; and BE IT FURTHER ORDAINED that the effective date of these amendments to the Grant County Comprehensive Plan is April 13, 2005; and BE IT FURTHER ORDAINED that the BOCC directs the Department's Director to: (1) incorporate into the Plan the changes delineated by the BOCC's decision as annexed in Attachment B as supported in the Findings of Fact, Attachment A; (2) and to provide copies to the CTED and to other agencies as may be required by law; (3) publish a Notice of Action Taken in newspapers of record and the SEPA Register; and (4) provide copies to those parties specifically requesting copies; and BE IT FURTHER ORDAINED that the BOCC directs the Department's Director to prepare for consideration of the Commission's advisory recommendations and, the BOCC's amendments to the UDC and the Official Zoning Map to reflect the revised Rural Residential 2 density, the City's UGA and land use designations. NOW THEREFORE, BE IT HEREBY RESOLVED THAT THE BOARD OF COUNTY COMMISSIONERS hereby adopt this ordinance/resolution effective immediately. PASSED AND ADOPTED by the Board of County Commissioners in regular session at Ephrata, Washington, by the following vote on April 12, 2005, and, signed by its membership and attested by its Clerk in authorization of such passage this 13`h day of April, 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS Yea Nay Abstain GRANT COUNTY, WASHINGTON LeRoy C. llison, ai L� ❑ ❑ Deborah Ray are, Member Richard B. Stevens, Member 05 -216 -CC H:\Current Planning\HTorres\Long Range Planning\2.5 and Ephrata UGA (Ephrata 2)\BOCC Ordinance (2.5-Eprata UGA) FINAL.doc Page 5 of 8 ATTACHMENT A BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON FINDINGS OF FACT Rural Residential 2 Density Amendment — Text GENERAL FINDINGS: (1) The change would benefit the public health, safety, and/or welfare; (2) The change is warranted because of changed circumstances or because of a need for additional property in the proposed land -use designation; (3) The change is consistent with the criteria for land use designations specified in the Plan; (4) The change will not be detrimental to uses or property in the immediate vicinity of the subject property; (5) The change has merit and value for the community as a whole; (6) The change, if granted, will not result in an enclave of property owners enjoying greater privileges and opportunities than those enjoyed by other property owners in the vicinity where there is not substantive difference in the properties themselves with justifies different designations; (7) The benefits of the change will outweigh any significant adverse impacts of the change; (8) The change is consistent with the purpose and intent of the Plan and the requirements of GCC Titles 22, 23, 24 and 25; and (9) The change complies with all other applicable criteria and standards of this Chapter. Amendment to the City's UGA and, Land Use Re -designation GENERAL. FINDINGS: (10) The change would benefit the public health, safety, and/or welfare; (11) The change is warranted because of changed circumstances or because of a need for additional property in the proposed land -use designation; (12) The change is consistent with the criteria for land use designations specified in the flan; (13) The change will not be detrimental to uses or property in the immediate vicinity of the subject property; (14) The change has merit and value for the community as a whole; (15) The change, if granted, will not result in an enclave of property owners enjoying greater privileges and opportunities than those enjoyed by other property owners in the vicinity where there is not substantive difference in the properties themselves with justifies different designations; (16) The benefits of the change will outweigh any significant adverse impacts of the change; (17) The change is consistent with the purpose and intent of the Plan and the requirements of UDC Titles 22, 23, 24 and 25; and (18) The change complies with all other applicable criteria and standards of this chapter. 05 -216 -CC FIACurrent Planning\FlTorres\Long Range Planning\2.5 and Ephrata UGA (Ephrata 2)\BOCC Ordinance (2.5-Eprata UGA) FINAL.doc Page 6 of 8 CONCLUSIONS OF LAW 1. The BOCC has a legal obligation to enact a Plan that meets the requirements of chapter 36.70A RCW and the authority to amend said Plan. 2. The BOCC has a legal obligation to satisfy the requirements of the Board's Final Decision and Order in EWGMHB Nos. 99-1-0016 and 04-1-0005 and, the Orders of Thurston County Superior Court; 3. The BOCC has met these obligations by enacting Ordinance No. 99 -15$ -CC. The Plan as amended and, the associated environmental review comply with the goals and requirements of chapter 36.70A RCW, chapter 365-195 WAC, chapter 43.210 RCW, chapter 197-11 WAC and, County SEPA regulations. 4. The BOCC has met the obligation of providing public input into the decision-making process as required by chapter 36.70A RCW. 05 -216 -CC HACurrent Planning\H Torres\L.ong Range Planning\2.5 and Ephrata UGA (Ephrata 2)\BOCC Ordinance (2.5-Eprata UGA) FINAL.doe Page 7 of 8 ATTACHMENT B Rural Residential 2 Density Amendment — Text And City UGA Amendment and Land Use Re -designation 05 -215 -CC fl:\Current Planning\HTorres\Long Range Planning\2.5 and Ephrata UGA (Ephrata 2)\BOCC Ordinance (2.5-Eprata UGA) FINAL.doc Page 8 of 8 RURAL LANDS SITE -ELEMENT... Urban Reserve —1 Unit per 5 Acres The purpose of this designation is to recognize 'those areas that appear to be transitioning, at varying rates, from rural to urban, and are appropriate for areas of increasing density and potential future service from a municipal or privately -owned community water system. Such areas may currently range in density from rural, or contain a hybrid of rural and urban densities. Such areas are located in close proximity to an urban growth area, but are either beyond the present availability of city water and sewer service, or are not yet urban in character, making them inappropriate for inclusion in the UGA. Such areas are deemed necessary to hold in reserve for potential inclusion within an Urban Growth Area in response to future needs as reflected in revised or updated population or employment forecasts or allocations, These areas are given an interim low density designation of one dwelling unit per 5 acres as a means of preventing establishment of land uses or land use patterns that could foreclose planning options and eventual development or redevelopment at higher urban densities. Designated Urban Reserve lands should be considered as "joint planning areas" subject to a joint planning process between the County and the affected city or cities intended to resolve issues regarding potential land uses. Such areas should undergo annual review of urban growth area assumptions and monitoring of growth indicator data to provide "early warning" to ensure that the land supply is not being over constrained or that development is occurring in a maiuler inconsistent with the intent of the urban growth area. An annual review process for such areas is described in Chapter 5 — Land Use. Designated Urban Reserve lands that are determined to not be needed or appropriate for urban development and future inclusion in an Urban Growth Area, pursuant to a defined joint planning process, may be re -designated through the Comprehensive Plan amendment process. Rural Residential 1— x Unit per 5 Acres The purpose of this designation is to maintain the <" w rural aspects of the County and to provide buffering or transitions between existing rural developments and areas of higher or lower densities. The rural residential areas are characterized by activities including, but not limited to, small-scale farms, dispersed single- family homes, and open space. The maximum density is one dwelling unit per Five (5) acres. Lands are typically too far from the urban area to enable cost-effective provision of public services nor do typical uses rewire provision of urban services. Rural Residential 2 —1 Unit per 24-5 Acres The purpose of this designation is to maintain the rural aspects of the County and to recognize those areas where some platting to smaller lots already exists and where some services and infrastructure may exist. The rural residential areas are characterized by activities including, but not limited to, small-scale farms, dispersed single-family homes, and open space. The maximum density is one dwelling unit per . and ,,e half L five S acres. Rural .emote -1 Unit per 20 Acres The purpose of this designation is to differentiate from the higher density rural land use to reflect the area's remoteness and/or limited opportunity for development. Such areas are those not suitable for intensive farming and are generally not attractive for residential development. The primary land uses in the remote residential areas include, but are not limited to, resource -oriented activities (farming and mineral extraction), open space, and residential. The maximum density is one dwelling unit per twenty (20) acres. Lands are typically too far from the urban area to enable cost-effective provision of public services at this time. Such areas require on-site water and sewer service, may be outside of fire service, or have other site constraints. They may be outside existing main road networks and distant from existing utilities. Grant County Comprehensive Plan September 1999 5R U--8 rural residents and others can gather, work, shop, entertain, and reside. Commercial and compatible industrial development may continue to locate and prosper in rural centers under limited conditions. Land Use Decision Making In making land use decisions, one of county government's ongoing challenges is to balance the various special interests of the community within the context of protecting the health, safety and welfare of the community at large. Therefore, an issue of particular concern is how to take into account the variety of community interests as the policies are being developed. In making land use decisions, the three general guidelines presented below should be used. Citizen Preference Through Public Process Desires of the citizenry for certain types of land uses over others should be an important consideration in making land use decisions. Citizen preference is important, for example, when deciding to give weight to one factor over another, or in deciding among conflicting factors. Impacts on Economy, Employment and Tax Base A variety of factors associated with these impacts should be considered when making land use designation decisions. For example, a county- wide balance should be maintained between residential and industrial, commercial, and agricultural areas in order to enhance and provide diversity to the county's tax base and employment opportunities. Easy to Identify Boundaries The boundaries of land use designations should follow easily identified features on the land, such as the existing built environment, utility corridors or observable terrain changes. When areas with severe limitations for development (e.g. soils, geology, flooding) do not coincide with such identifiable landmarks, the boundaries should be drawn with land capability in mind. Rural Area Designations The purposes of rural area designations are to: ...RURAL LANDS SUB -ELEMENT • Support the rural aspects of Grant County. • Protect areas with environmental constraints and preserve and buffer natural resource areas of agriculture, mineral deposits, and fish and wildlife habitats from encroachment by or irreversible conversion to more intense uses. Allow low intensity residential uses which do not require a high level of public services and facilities. Allow limited areas of more intensive rural development including the infill, development or redevelopment of existing areas; the intensification of existing or development of new small-scale recreation or tourist uses; and the intensification of existing or development of new isolated non- residential development, cottage industries, and small-scale businesses. Public services may be provided to these areas. Rural areas are characterized by low density residential dwellings, concentrated mixed use areas, isolated commercial and industrial uses, farms, mining areas, outdoor recreation and other open space activities. Commercial uses are generally small in scale. They may provide convenience services to the rural neighborhood, but are not principally designed to serve the rural population. Industrial uses will generally be those that are related to or dependent on natural resources such as agriculture, aquifer supply, or minerals, Home -base occupations and cottage industries are allowed throughout the rural area provided they do not adversely affect the surrounding residential uses. Grant County recognizes the following Rural Land Use Designations: - Urban Reserve • Rural Residential 1 • Rural Residential 2 • Rural Remote These land use designations are illustrated in Figure 5-5 and on Map 3 included in Part V — Map Portfolio, and are described as follows: Grant County Comprehensive Plan September 1999 5R U 7 RURAL LANDS SUB -ELEMENT... Urban Reserve —1 Unit per 5 Acres The purpose of this designation is to recognize those areas that appear to be transitioning, at varying rates, from rural to urban, and are appropriate for areas of increasing density and potential future service from a municipal or privately -owned community water system. Such areas may currently range in density from rural, or contain a hybrid of rural and urban densities. Such areas are located in close proximity to an urban growth area, but are either beyond the present availability of city water and sewer service, or are not yet urban in character, making them inappropriate for inclusion in the UGA. Such areas are deemed necessary to hold in reserve for potential inclusion within an Urban Growth Area in response to future needs as reflected in revised or updated population or employment forecasts or allocations. These areas are given an interim low density designation of one dwelling unit per 5 acres as a means of preventing establishment of land uses or land use patterns that could foreclose planning options and eventual development or redevelopment at higher urban densities. Designated Urban Reserve lands should be considered as "joint planning areas" subject to a joint planning process between the County and the affected city or cities intended to resolve issues regarding potential land uses. Such areas should undergo annual review of urban growth area assumptions and monitoring of growth indicator data to provide "early warning" to ensure that the land supply is not being over constrained or that development is occurring in a manner inconsistent with the intent of the urban growth area. An annual review process for such areas is described in Chapter 5 — Land Use. Designated Urban Reserve lands that are determined to not be needed or appropriate for urban development and future inclusion in an Urban Growth Area, pursuant to a defined joint planning process, may be re -designated through the Comprehensive Plan amendment process. Rural Residential 1-1 Unit per 5 Acres The purpose of this designation is to maintain the Grant County Comprehensive Plan 5R U-8 rural aspects of the County and to provide buffering or transitions between existing rural developments and areas of higher or lower densities. The rural residential areas are characterized by activities including, but not limited to, small-scale farms, dispersed single- family homes, and open space. The maximum density is one dwelling unit per five (5) acres. Lands are typically too far from the urban area to enable cost-effective provision of public services nor do typical uses require provision of urban services. Rural Residential 2 — 1 Unit per 244r-5 Acres The purpose of this designation is to maintain the rural aspects of the County and to recognize those areas where some platting to smaller lots already exists and where some services and infrastructure may exist. The rural residential areas are characterized by activities including, but not limited to, small-scale farms, dispersed single-family homes, and open space. The maximum density is one dwelling unit per two and -etre-l',4) five5 acres. Rural Remote -1 Unit per 20 Acres The purpose of this designation is to differentiate from the higher density rural land use to reflect the area's remoteness and/or limited opportunity for development. Such areas are those not suitable for intensive farming and are generally not attractive for residential development. The primary land uses in the remote residential areas include, but are not limited to, resource -oriented activities (farming and mineral extraction), open space, and residential. The maximum density is one dwelling unit per twenty (20) acres. Lands are typically too far from the urban area to enable cost-effective provision of public services at this time. Such areas require on-site water and sewer service, may be outside of fire service, or have other site constraints. They may be outside existing main road networks and distant from existing utilities. September 1999 5. It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. IN WITNESS WHEREOF, the said Contractor has executed this instrument, and the said Board of County Commissioners of aforesaid County has caused this instrument to be executed by and in the name of said Board by its Members, duly attested by its Clerk, the day and year below written, and the seal of said Board to be hereunto affixed on said date. F d, , 2005 Stephen R. Desert Rock Exc. Inc. Signature Name Firm Name 707!7 5_ PinnaF+rWaUy Srritca R Address Moses Lake, WA 98837 509 765-2255 Phone APPROVED AS TO FOIA� Z a of '2005 Pro a gAtto e BOARD OF COUNTY COMMISSIONERS OF GRANT COUNTY, WASHINGTON Done this J 'c ay of 2005 Chair Member Member Contract Page 2 of 3