PORT ANGELES — Clallam County’s long and complex struggle toward Growth Management Act compliance is nearly resolved.
The three commissioners on Tuesday lifted self-imposed interim zoning rules on nearly 22,000 acres of rural lands that the Western Washington Growth Management Hearings Board in April 2008 ruled invalid and noncompliant with the 1990 legislation.
Rural moderate lands, which allow one dwelling per 2.4 acres, were downzoned in July 2008 to rural low, or one unit per 5 acres.
The county enacted these interim zones so planners could comply with the Growth Management Act and appeal portions of the hearings board ruling in court.
Clallam County Superior Court Judge Ken Williams in June reversed the hearings board’s original finding of GMA noncompliance.
Valid and compliant
Last November, the Western Washington Growth Management Act Hearings Board found that the county’s new rural neighborhood conservation zone is valid and compliant.
The commissioners took action on Tuesday because a window for an appeal on the compliance order has expired without an appeal.
Under the new rural neighborhood conservation zone, property owners on low density land can achieve a maximum density of one dwelling per 2.4 acres if they meet an overlay or cluster criteria.
Clallam County Planning Manager Steve Gray and others in the Department of Community Development developed the cluster and overlay options to allow greater densities if certain requirements are met.
A property owner on 11 acres or less of low density land can achieve moderate density if the land is within 500 feet of a parcel that is at least 70 percent developed. This overlay method was approved by the state hearings board.
Likewise, a cluster option for low-density lands of 11 acres or more would allow moderate density if the land is locked into 70 percent rural open space.
The hearings board found that a “variety of rural densities” is allowable under the Growth Management Act.
No public testimony was taken after Gray made his recommendation to repeal the interim zone in a public hearing on Tuesday.
‘Long process’
“It’s been a long process and they [county planners] have done exceptional work to get us to this point through this very arduous compliance effort,” Commissioner Steve Tharinger said.
“This zone — this rural neighborhood overlay zone — is unique to the state. I think it could be a model that could be used to meet the issues raised under the Growth Management Act but also give property owners an opportunity to achieve their equity.”
The county is still working to comply with the hearing’s board ruling that the Carlsborg Urban Growth Area is invalid and noncompliant with the Growth Management Act.
Urban growth areas are required to have urban services like sewers.
Clallam County has approved a $14.97 million wastewater treatment and reuse system for Carlsborg, paid for by grants and assessments to property owners who use the sewer. According to a pre-draft sewer facilities plan, the sewer could be up and running by the middle of 2012.
The county has until December 2010 to submit a compliance response to the invalidated Carlsborg Urban Growth Area.
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Reporter Rob Ollikainen can be reached at 360-417-3537 or at rob.ollikainen@peninsuladailynews.com.