HomeMy WebLinkAboutResolution 98-145-CCr
GRANT COUNTY BOARD OF COMMISSIONERS
Grant County, Washington
RESOLUTION NO. 98-145-CC
ORDINANCE NO. 98-145-CC
ADOPTING INTERIM OFFICIAL CONTROLS IN THE AGRICULTURAL
ZONE, AND OTHER MATTERS PROPERLY RELATING THERETO.
WHEREAS, the Board of County Commissioners (Board) of Grant County Washington
intends to fully comply with the Eastern Washington Growth Management Hearings Board; and
WHEI2EAS, the Board adopted Resolution No. 97-143-CC entitled, A Resolution
Adopting Grant County's Plan For Continued Compliance With The Growth Management Act,
and Resolution No. 98-25-CC entitled, A Resolution Adopting GMA Work Plan/Critical Path
Schedule, Expressing An Intent To Approve Supplemental Budget To Complete Elements Of
Approved GMA Work Plan, And Designating Review And Consideration Of Additional Interim
Measures; and
WHEREAS, RCW 36.70A.390 empowers the Board with the authority to adopt interim
official controls to protect, inter alia. , the Agricultural zone, without holding a public hearing
on the propos�d int�rim official control ordinance/resolution; and
WHEREAS, the Grant County (the "County") is currently studying and preparing code
amendments to its zoning code regulating its Agriculture zone to establish new zone categories,
to protect the Agriculture zone; and
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WHEREAS, the County is currently studying and preparing its Growth Management Act
(GMA) comprehensive p1an; and
WHEREAS, the Board finds that interim official controls prohibiting commercial and
residential rezones within the Agricultural zone, with exceptions as set forth in Section IV
herein, are reasonable and necessary to protect the Agricultural zone during the period of time
require to adopt a GMA comprehensive plan, adopt and establish new zone categories in the
Agriculture zone and comply with the aforementioned orders of the Eastern Washington Growth
Management Hearings Board; and
WHEREAS, the Board adopted Resolution/Ordinance No. 98-32-CC on March 24, 1998,
adopting interim official controls in the Agricultural zone, which expires on or about September
26, 1998; and
WHEREAS, the Board desires to extend the protections and interim official controls in
Resolution/Ordinance No. 98-32-CC for an additional six (6) months, pursuant to RCW
36.70A.390; and
WHEREAS, certain cities embroiled the County in litigation before the Eastern
Washington Growth Management Hearings Board, in GMHB No. 98-1-0003, over issues
including without limitation, the subject matter of this ordinance/resolution; and
WHEREAS, the Eastern Washington Growth Management Hearings Board heard oral
argument on September 10, 1998; and
WHEREAS, the County anticipated that the Eastern Washington Growth Management
Hearings Board would rule, permitting the County to timely advertise for extension of the
subject ordinances; and
WHEREAS, it would have served no useful purpose to advertise and hold a public
hearing regarding the continuan�� of the subject interim official controls prior to the entry of a
ruling by the Eastern Washington Growth Management Hearings Board;
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WHEREAS, the County has learned that the Eas�ern Washington Growth Management
Hearings Board will not enter a ruling until sometime in late October; and
WHEREAS, the County will be prejudiced by permitting the questioned ordinances and
interim official controls to lapse while waiting for the Eastern Washington Growth Management
Hearings Board to enter a ruling sometime in late October; and
WHEREAS, the County's position is that it is required by order of the Eastern
Washington Growth Management Hearings Board to comply with the GMA by readopting the
questioned interim official controls.
NOW, THEREFORE, THE BOARD OF COUNTY COMMISSIONERS DO
HEREBY ORDAIN AND ESTABLISH AS FOLLOWS:
I. An emergency exists.
II. Interim official controls are required be�ause the County is complying with
previous orders of the Eastern Washington Growth Management Hearings Board
and the requirements of the GMA; and
III. Interim official controls are required to protect the Agricultural zone while Grant
County is studying and preparing code amendments to its Agricultural zone to
establish new zone categories, and drafting interim zoning for the Agricultural
zone; and
IV. A public hearing will be held on said interim official controls before the Board
sixty (60) days from its adoption of this ordinance/resolution; and
V. Commercial and/or residential rezones and regulated subdivisions in the
Agricultural zone of Grant County, are hereby prohibited, with the following
exceptions: siting of ess�ntial public facilities (RCW 36.70A.200); new fully
contained communities (RCW 36.70A.350); master planned communities (RCW
36.70A.360); major industrial developments (RCW 36.70A. 360); expansion of
existing projects; siting of legitimate natural resource based agricultural
commercial/industrial uses as allowed by the GMA and/or 1997 GMA
amendments pursuant to ESB 6094; and "in-filling" of existing commercial,
industrial or residential uses already sited or developed within the Agricultural
zone; and
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VI. This interirn official control s11a11 be in farce and effect far t11e earlier of six (6)
manths frarn the date of adoption of this resolution/ordiiiance by the Board ar the
adoption of new zanin categaries for the Agricultural zo11e.
�
PASSED this �,,,� day of September, 1998.
BOARD OF COUNTY COMMISSIONERS
GRANT COUNTY, WASHINGTON
LeRoy . llison, hair
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Helen Fancher, ember
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Tim Sne , Me ber
ATTEST:
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Clerl� of Baard
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