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2009 GMA compliance proceedings regarding
Rural Low (R5) Interim and Western Region Rural Low (RW5) Interim zoned lands (previously Rural Moderate (R2) and Western Region Rural
Moderate (RW2) zoned lands, respectively)
Last updated March 30, 2009
The "2009 GMA compliance proceedings." The Western Growth Management Hearing Board´s (WWGMHB) Order and Decision invalidated the Carlsborg UGA and Rural Moderate (R2) and Western Region Rural Moderate (RW2) zoning districts. In response, Clallam County adopted interim controls, but has also appealed the WWGMHB's decision to Superior Court. However, the County takes the issues raised in the WWGMHB decision very seriously. State law requires that the County pursue compliance with the decision of the Hearings Board, even if it chooses to appeal that same decision to the courts. This dual-track system, with the Hearings Board retaining authority to require compliance with its decisions and the County pursuing its right to appeal those decisions, can create an enormous hardship on County staff and the public in participating in both processes. Nevertheless, by pursuing both the mandatory act of compliance and the discretionary act of appeal, the Board of Clallam County Commissioners is attempting to keep all of the County's options open and control the County's destiny – even as the County complies to the Hearings Board's decisions as required by law.
R2/RW2: The WWGMHB invalidated approximately 22,000 acres of R2 and RW2 lands found throughout Clallam County. Under State Law, a determination of invalidity significantly limits the type of allowed new development. To minimize this impact, the County adopted interim rural low (R5/RW5) zoning. Without such interim controls, all new divisions of land and many types of development previously allowed would have been precluded from being allowed to develop under state law [RCW 36.70A.302(3)]. In the meantime, the County is pursuing compliance with the decision of the WWGMHB, with information about upcoming meetings and meeting documents to be posted on this page. For up-to-date information on the status of the County´s compliance proceedings regarding the R2/RW2 lands, click here.
Carlsborg UGA: The main compliance issue in Carlsborg was the lack of adoption of a capital facilities plan compliant with the GMA for providing sewers. The County has hired a consultant and partnered with the Clallam County PUD No. 1 to develop a sewer facilities and financing plan for Carlsborg. In addition, the County's planning department has been meeting with the Carlsborg Community Advisory Council and the Clallam County Planning Commission on evaluating future land use and zoning options such as identifying opportunities to increase residential density. Considering land use is necessary to design the public sewer system, but also to explore opportunities for future growth of the Carlsborg community supported by a public sewer system. For more information about the Carlsborg UGA, click here.
LAMIRD regulations: The WWGMHB found that the County failed to implement Policy 4 of its Comprehensive Plan's LAMIRD provisions in its development regulations, contrary to the provisions of the state Growth Management Act. Policy 4, along with the other LAMIRD policies and goals, was adopted by the County on October 21, 2008 via Ord. 835and is codified in the Countywide Comprehensive Plan at subsection (4)(e) of CCC 31.02.263, Limited areas of more intensive rural development. It reads as follows:
"In order to maintain rural character, infill-development, and redevelopment within LAMIRDs should minimize impervious surfaces in order to maintain a more "open" or "rural" atmosphere; should have increased setbacks, buffers, and screening to separate land uses from adjacent rural residential zones; should incorporate measures to reduce the impacts of noise, odor, glare, and traffic; and should require high-quality landscaping designed to protect rural character."
For more information about the County´s compliance response regarding this issue, click here.
Frequently asked questions related to the interim controls and County's responses include:
- Does The Decision Affect Existing Development?
No. Pre-existing homes, accessory buildings, and other structures are not affected by the WWGMHB decision.
Can I still build on my lot? Yes. Single-family home construction and other previously allowed uses remain allowed uses under the interim zoning controls.
Can I divide my property? Yes, subject to the interim zoning controls. The interim controls allow for a maximum residential density of 1 dwelling unit per 4.8 acres (minimum lot size 1 acre) for new residential subdivisions. This is half the density allowed for the invalidated R2/RW2 zones.
To submit a comment:
- To submit a comment on the GMA compliance proceedings to the Clallam County Planning Division
, mail or email DCD long range planning, 223 E. 4th Street, suite 5, Port Angeles, WA 98362.
To attend a Planning Commission work session or public hearing, check the agenda for upcoming Planning Commission meetings.
To receive mail or email updates on the GMA compliance proceedings from the Clallam County Planning Division, mail or email your contact information to DCD long range planning, 223 E. 4th Street, suite 5, Port Angeles, WA 98362.
To submit a comment to the Board of County Commissioners on draft ordinances that have been recommended by the Clallam County Planning Commission to the Board of Commissioners for adoption, click here.
To attend a Board of County Commissioners work session or public hearing, check the agenda for upcoming Board of County Commissioners meetings.
NOTE THAT ANY WRITTEN COMMENT SUBMITTED MAY BE CONSIDERED A PUBLIC DOCUMENT AND MAY BE SUBJECT TO DISCLOSURE UNDER CHAPTER 42.56 RCW, PUBLIC RECORDS ACT.
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