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Compliance Proceedings regarding R2/RW2 Strategies

July 21, 2009 Board of County Commissioners adopted Ordinance 852.   On July 21, 2009, Clallam County's Board of County Commissioners adopted Ordinance 852, entitled "An ordinance amending Clallam County Code 31, Comprehensive Plan; 33.10, Rural Zones; and the Official Comprehensive Land Use and Zoning Map of Clallam County to bring into compliance with the Growth Management Act" in response to the Western Washington Growth Management Hearings Board's order of non-compliance and invalidity (Dry Creek Coalition and Futurewise vs. Clallam County, WWGMHB No. 07-2-0018c) dated April 23, 2008.

Ordinance 852 amends the County's Zoning Code, Comprehensive Plan, and Comprehensive Plan Land Use and Zoning Map as follows, all for the purpose of achieving GMA compliance:

    1.The Zoning Code is amended at Chapter 33.10 CCC by creating a new zoning designation at section CCC 33.10.015 entitled "Rural Neighborhood Conservation (NC)."  The purpose of the new Rural Neighborhood Conservation (NC) land use and zoning designation is to maintain low density rural residential areas and associated uses consistent with the local character of the many distinctive regions and neighborhoods found within the area previously zoned Rural Moderate (R2) and Western Region Rural Moderate (RW2) (currently zoned Interim R5/RW5).

    2.The Comprehensive Plan Land Use and Zoning Map is amended as follows:

      a.The Battelle property, located adjacent to the Sequim Urban Growth Area, is rezoned to Rural Low (R5).

      b.Four new residential LAMIRDs are designated, which retain the Rural Moderate (R2) zoning designation, as follows:

        i.Dungeness Meadows LAMIRD:  The 1990 built environment consists of the built pre-1990 Dungeness Meadows subdivision.  The logical outer boundaries consist of the boundaries of the Dungeness Meadows subdivision, as well as the Dungeness River to the southwest, and Riverside Road to the northeast. 

        ii.Marine Drive LAMIRD.  The 1990 built environment consists of a pre-1990 built neighborhood at a density consistent with R2 zoning.  The logical outer boundaries consist of Dungeness Bay to the north, the 1990 built environment to the east, Dungeness Bay Plat subdivision and W/E Anderson Road to the south, excepting the area between Cays Road and Thornton Drive but including the strip along the coast.

        iii.Solmar LAMIRD.  The 1990 built environment consists of the built pre-1990 subdivisions of Solmar, Woodridge, and the Lazy Acres Mobile Home Park.  The logical outer boundaries consist of McDonald Creek to the west, Pinnell Road to the North, Robin Hill Park and other large parcels to the east, and Hwy 101 to the south. 

        iv.Sequim Bay LAMIRD.  The 1990 built environment consists of a pre-1990 built neighborhood at a density consistent with R2 zoning.  The logical outer boundaries consist of Sequim Bay to the east, and East Sequim Bay Road to the east.

      c.The following publicly owned parcels are rezoned to Public (P):

        i.Dungeness Spit area: 5 acres owned by USA;
        ii.Carrie Blake Park area: 22 acres owned by WDFW;
        iii.Robin Hill Park: 40 acres owned by Clallam County;
        iv.Salt Creek Rec Area: 9 acres owned by Clallam County; and
        v.Hoko River State Park: 74 acres owned by WP&R.

      d.The following publicly owned parcels are rezoned to Commercial Forest (CF):

        i.River Road: 77 acres owned by DNR; and
        ii.Sekiu River Road: 46 acres owned by DNR.

      e.Approximately 220 acres in private ownership along the Calawah River, located west of the Forks UGA and east of SR 110 (LaPush Road), and referred to as "Western Central 2" throughout the compliance proceedings, is rezoned to Western Region Rural Low (RW5).

      f.All other properties that were previously zoned Rural Moderate (R2) and Western Region Rural Moderate (RW2) (and which are currently zoned Interim R5/RW5) are rezoned to the Rural Neighborhood Conservation (NC) land use and zoning designation. 

    3.Consistent with the above actions, the Countywide Comprehensive Plan is amended at CCC 31.02.263, the Sequim Dungeness Regional Plan at CCC 31.03.020, 415, 425, 445, 455, 465, 475, 500, 520, the Port Angeles Regional Plan at CCC 31.04.220, 225, 230, 400, 410, 420, 430, 440, 450, the Straits Regional Plan at CCC 31.05.170, 250, 280, and the Western Regional Plan at CCC 31.06.090, 110, 130, 140.

The effective date of this Ordinance shall be ninety (90) days after either a determination of compliance as to this Ordinance by the Western Washington Growth Management Hearings Board, or should the Hearings Board's decision be appealed, a final decision in court that this Ordinance complies with Ch. 36.70A RCW, the Growth Management Act.

Copies of the SEPA DNS and environmental checklist are available at the Department of Community Development during normal business hours and they can also be found any time below.  

Copies of the final adopted ordinance are available for public inspection during normal business hours at the office of the Department of Community Development, Clallam County Courthouse, 223 East Fourth Street, Port Angeles, WA or anytime at http://www.clallam.net/Board/html/code.htm

June 30, 2009 Board of County Commissioners Public Hearing.  On Tuesday, June 30, 2009, the Board of County Commissioners held a public hearing on the proposed ordinance reflecting the comprehensive plan and zoning code amendments and zoning map amendments recommended by the Planning Commission.  The Board of County Commissioners left the comment period on this proposal open until close of business on Friday, July 10, 2009.

June 10, 2009 Special Meeting by Planning Commission.  The Planning Commission held a special meeting on Wednesday, June 10, 2009 at which time the Planning Commission reviewed the public hearing testimony received on the proposed compliance response taken to public hearing on June 3 and 4 (see below) and developed recommendations which it forwarded to the Board of Clallam County Commissioners in a Letter of Transmittal dated June 11, 2009.

The following public testimony was received during the June 3 and 4, 2009 Planning Commission Public Hearing:

  • Oral public comments received during the June 3 and 4, 2009 Public Hearing, which are reflected in the minutes for those hearings referenced above.
  • Oral public comments received during the February 18, 2009 Planning Commission Work Session, which are reflected in the minutes for that meeting.
  • Written testimony received during the 2009 Compliance Proceedings.
  • Oral and written testimony received during the 2008 Compliance Proceedings.  The 2008 Compliance Proceedings culminated in compliance responses regarding the LAMIRDs and Blyn issues, and requests for extensions regarding the Carlsborg and invalidated R2/RW2 lands issues. 

June 3 and 4, 2009 Planning Commission Public Hearing.  The Planning Commission held public hearings on its proposed compliance response at the Clallam County Courthouse on June 3, 2009 and at the Forks City Council Chambers on June 4, 2009.  For details, see the public hearing notice.  The hearing notice references the following "Proposed Compliance Response documents": 

SEPA documents (hard-copies are available for review at the Clallam County Department of Community Development, Planning Division, at the Clallam County Courthouse, 223 East Fourth Street, Suite 5, Port Angeles, WA):

May 20, 2009 Planning Commission.  The Planning Commission met on Wednesday, May 20, 2009.  There was further discussion of the proposed NC Zoning Designation and the Proposed Comprehensive Plan text changes. 

May 6, 2009 Planning Commission.  The Planning Commission voted in favor of proposing the following strategy to achieve compliance for the invalidated R2/RW2 lands:

  • Retain R2 zoning in newly designated LAMIRDs.
  • Rezoning qualified parcels to Commercial Forest (CF) or Public (P).
  • Rezoning Battelle to permanent R5
  • Rezoning all other Interim R5/RW5 areas to new Rural Neighborhood Conservation (NC) Zoning Designation.
  • NC zoned areas subject to new innovative zoning techniques
    • NC Overlay
    • NC Cluster
  • Reconsider areas excluded from LAMIRDs and rezoned to R5/RW5 for rezoning to NC at later date.

Materials considered at this meeting include:

April 15, 2009 Planning Commission Meeting.  There was further discussion on the proposed DRAFT Rural Neighborhood Conservation (NC) Zoning District that would apply to most of the 22,000 acres of invalidated lands.  Under the NC zone, residential densities of up to 1 dwelling per 2.4 acres (allowed under prior R2/RW2) could be achieved where an applicant meets the Rural Neighborhood Conservation Overlay or Rural Neighborhood Conservation Cluster provisions of the zone.

Additional materials considered at this meeting include:

April 1, 2009 Planning Commission Meeting.  Planning Department Staff presented the following to the Clallam County Planning Commission:

March 18, 2009 Planning Commission Meeting. The County's Planning Department presented background, analysis, and recommendations for updates to the approximately 22,000 acres of invalidated R2/RW2 lands to the Clallam County Planning Commission.

March 4, 2009 Planning Commission Meeting.  The meeting involved discussion of the preliminary neighborhood compliance strategies that the County's consultants presented at the February 18, 2009 Planning Commission meeting and potential rezoning of certain publicly owned R2/RW2 parcels to either Public (P) or Commercial Forestry (CF).

February 18, 2009 Planning Commission Meeting. The County's consultants presented preliminary compliance strategies to the Clallam County Planning Commission. 

The County's general compliance schedule for the invalidated R2 and RW2 zoning is as follows:

  • Feb.-April: Planning Commission Work Sessions on Compliance Strategies 
  • April/May: Planning Commission Public Hearing(s)
  • May/June: Planning Commission Recommendation to Board of County Commissioners (BOCC)
  • June/July:  BOCC Public Hearings 
  • June/July:  County Response to WWGMHB