HomeMy WebLinkAbout93-97 - Res. Memorandum of Understanding between Mason County and City of Shelton RESOLUTION NO® 93-97
MEMORANDUM OF UNDERSTANDING
This Memorandum Of Understanding dated August 26 , 1997, between Mason County (the
"County") and the City of Shelton ("Shelton" or the "City"),
WITNESSETH
WHEREAS, the City and County share a commitment towards cooperative planning: and
WHEREAS, the City and County through a joint planning process adopted County-Wide
Planning Policies and an Urban Growth Area around Shelton; and
WHEREAS, the City and the County have implemented elements of their joint planning in
project review and other cooperative efforts; and
WHEREAS, the City and the County intend to continue to implement their respective
comprehensive plans through continued joint planning efforts; and
WHEREAS, notwithstanding the history of cooperation between the City and the County, they
are involved on opposing sides of a petition before the Western Washington Growth Management
Hearings Board, Case Number 96-2-0023, and on opposing sides in Mason County Superior
Court, Case Number 96-2-00848-0, In re Dawes v. Mason County; and
WHEREAS, it is the County's intention, as expressed in the County Comprehensive Plan, that
only appropriate rural growth shall take place outside of the designated urban growth areas; and
WHEREAS, it is the City's concern that the intensity of development allowed in, and the size
of, the Kamilche-Taylor Towne Rural Activity Center as well as its location so near the Shelton
Urban Growth Area may result in urban growth in the rural area; and
WHEREAS, the City believes that location of urban growth in such a location damages and
diminishes the effectiveness of its own planning efforts,
NOW, THEREFORE MASON COUNTY AND THE CITY OF SHELTON HEREBY
AGREE AS FOLLOWS:
1. The County will act on an interim basis, as provided by state statute and County ordinance,
to reduce the allowed maximum residential density in Rural Activity Centers from eight (8) units
per acre to four (4) units per acre.
2. The County will act on an interim basis, as provided by state statute and County ordinance,
to change the boundaries of the Kamilche-Taylor Towne Rural Activity Center by moving the
northern boundary of said Rural Activity Center so that it is no further north than Insels Road,
and the southern boundary of said Rural Activity Center so that it is no further south than the
south boundary of the northwest and northeast quarter sections of sections 17 and 18 of
Township 19 North, and Range 3 West, W.M.
3. The County and the City will continue to discuss and to seek to resolve issues pertaining to
consistency of land use regulations between the City and the County in the urban growth areas
as contemplated in paragraph 7 of the County Wide Planning Policies entered into by the parties
on August 17, 1992.
4. The City will withdraw as a party to the Western Washington Growth Management Hearings
Board Case Number 96-2-0023 and to Mason County Superior Court Case Number 96-2-00848-
0, In re Dawes v. Mason County.
5. This interim agreement shall be in effect until at least May 1, 1998. If the provisions of the
Memorandum of Understanding are proposed to be modified in the future or if the City
determines that the County has failed to comply with the Growth Management Act in matters
reserved for discussion pursuant to paragrph 3 above, the County agrees that the City shall have
standing to legally challenge such proposed action or inaction as constituting a violation of the
Growth management Act, and that the County waives any defense that it may have that the
City's challenge is not timely made; provided, however, that such challenge is made within 60
days of the adoption of such modification of the City or, if circumstances exist such that the
statutory time limit of the Growth Management Act does not apply, the City has given the
County 45 days' written notice of an impasse on issues reserved in paragraph 3 above.
IN WITNESS WHEREOF, the undersigned execute this document this day of August,
1997.
BOARD OF COUNTY COMMISIONERS CITY COMMISSION
MASON COUNTY, WASHINGTON CITY OF SHELTON, WASHINGTON
Mary Jo ady hair s Scott Hilburn, Mayor
ohn A. Bolender John Tarrant
Chtti D. Olsen J e Thornbrue
y Prosgcuting Attorney oAtt