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Home My WebLink AboutOrdinance 00-136-CC, 1 • � BOARD OF COUNTY COMMISSIONERS GRANT COUNTY,WASHINGTON 1N RE THE MATTER OF: ORDINANCE: 00-136 -CC RESOLUTION: 00-13 6—CC TEMPORARY SUSPENSION OF THE ACCEPTANCE OF DEVELOPMENT PERMITS FINDINGS OF FACT, CONCLUSIONS, AND AFFECTING THE RURAL VILLAGE FINAL DECISION OF THE GRANT , AREAS IDENTIFIED 1N THE GRANT COUNTY BOARD OF COUNTY COUNTY UNIFI�D DEVELOPMENT CODE COMMISSTONERS AS DESERT AIRE 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 compliailt 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 inay 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 Comity 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 Decisioils and Orders to the Thurston County Superior Court,and; WHEREAS,the Grant Comlty Board of Comity 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; WHEItEAS,Desert Aire is classified as a Rural Village, a type of RAID, in the September 1999 Grant Couzity Comprehensive Plan, and; _„ WI3EREAS, Desert Aire is the only Rural Village identified ii�the GMA Comprehensive Plan and Unified Development Code, and; WHEREAS,there exists oiigoing litigation involving allegations of the County's failure to enforce land use regulatioiis affecting Desert Aire, and; Resolution# 2000—] �h—�r Page 2 of 4 WHEREAS,Desert Aire possesses unique development characteristics that require careful plaiming in regards to allowable uses, performance standards, development standards, and; WHEREAS, Grant County has initiated the forination of a citizens advisory group in order to supplement and complete those portions of the Unified Development Code that will guide fiitLue development of Desert Aire, and; WHEREAS,the Grant County Board of County Commissioners find that an emergency exists in regards to the acceptance of development permits in Desert Aire, and; WHEREAS,tl�is temporary suspension of the acceptance of development permits shall not apply to those applications filed with the County between the dates of October 1,2000 through October 31, 2000, and; WHEREAS, development permits submitted to the County between the dates of October 1, 2000 through October 31, 2000 shall be reviewed under the applicable rules and regulations in place prior to the adoption of the October 1, 2000 unified Development Code, 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 25.04150 have been satisfied, and; WHEREAS,a development permit application fbr 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 Comity, and; , WHEREAS,the Grant County Board of County Commissioners promised the residents ui the Desert Aire Rural Village area that the County would midertake 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,ai�d; � WHEREAS,the effective date of this resolution shall be: 8:00 a.m.November l, 2000 � through April l, 2001. WHEREAS,it is the hope of the Grant Comity Board of Couiity Commissioners that this interim measure will only be in effect for a short period of time with most, if not all issues resolved by , February 28, 2000, or until such tune as the Cotuity has supplemented and completed the Unified Development Code with the applicable portions that will set forth regulations for development in Desert � Aire, and; , i NOW,THEREFORE,BE IT RESOLVED that the Grant County Board of Cotuity Commissioners do,by this resolution, approve a temporary suspension of the acceptance of development : permits in Desert Aire, Grant County Washington. i f � . . Resol�.�tion# 20Q0-136--CC 1'age 3 c�f 4 , II. FINDINGS OF FACT i 'Ciie Grant Couniy 13oard of County Commissiauers adopted the fallowi�7g Findii�gs of Fact for this temporary suspension of tha acceptance af development permits ix1 Desert Aire: 1. An emergez�cy situation ex3sts in Desert Aire that requires this interim control device. 2. There does�lat exist adequate titi�e to satisfy nor�nal notice for a pt2blic hearing. 3. Purs��ant to 36.7QA394,a public liearing shall he set far this Interim Ordinance to occur an '. Nove7nber ,20QQ. 4. A temporary suspaiision of the acceptance oF develapment permits is necessa�•y in order ta fulfill tl�e County's promisa to the residents in i:he Desert Aire area ta ux�det�take an area-specific plarmix�g procass for Desert Aire. Tlle Graut CocGnty Board af Cou��ty Co�nmissioners having made forgoing Findiugs of Fact, NOW,THEREFCIRE,makes the followin�;: III. CONCLUSIONS A. Az1 emergency situation exists in Desert Aire tliat requires this il�teri�n col�ttrol device to be imple�nentad. 13. A citi�ens advisory committee,made up of residents of Desert Aire, is zleeded to address all of tl�e patential issues that concern developmezzt in Desert Aire. C. U�a�til such time as the Cou�ity has adopted lhe required portio�Zs af the Unified Development Code,no development perniit applications shaii be accepted,unlass they are i11 accordance with the provisions herei�a. D. If a�X7a1 plat or fival shc�rt plat has been appraved by Graiat County within five(S}year•s o:f the date the development applicatiozl is su6mitted, a development applicatian for tl�e subjecL property may be accepted as counter camplete,wllere the requirements for caunter complete status uzlder Grant Caullty Code 25.04.150 tlave bean satisfied. E. A development permit applicatio��foz•a fiilal plat or fi13a1 sllort plat approved by Grant Caunty within five(5)yea��s of the date the application is submitYed lnay be approved, provided that the development permit application complies with all applicabla requireza�ents of the Grant County Code at the tin�e of a full aild complete applicatioiz for p�•elilniz�ary plat approval was filed with Grant Couz�ty. F. The effeotive date of this resolutian shall be: 8:00 a.i�i.Noven�be�� 1,2000 through April 1,2001. It is tlie hope of tile Grant Caunty I3oard of County Comrnissioners t11at this interixii measure wiil only be in effect for a short period of time with�nost, if nat all issues resolved by February 28, 2000, or until such time as the Cou7�ty has sup�lemented and completed tlie Unified Development Code with tlle applicable portioias tllat wi]l set farth regulatiatls far deveiopmei�t ii� Desert�1ire. ; Resoltttion# 2000-136-CC Page 4 of 4 The Grant County Board of County Commissioners by mal<ing the forgoing Findings of Fact and Conclusions,NOW, THEREFOI2E, mal<e the following: III. DECISION The institution of a temporaiy suspension of the acceptance of development permits in Desert Aire is approved by a vote of the majority. DATED this 31St day of October, 2000. (�'r�..- Deborah Kay o e, Chairperson Le lison, ommissioner im Sn ad, Commissioner � ATTEST: " �. Peg igg, Clerk he Board LEGAL COUNSEL: Stephen J. Hallstroin, Chief Deputy Prosecuting Attorney