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Home My WebLink AboutGMHB Notice - COM Letters / Memos - 12/19/2000 MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT Planning Mason County Bldg.1411 N.5th F;J P.O.Box 279 Shelton,WA 98584 (360) 427-9670 Belfair(360) 275-4467 Elma (360) 482-5269 Seattle (206) 464-6968 NOTICE TO APPLICANTS From Betty Wing, Director &9t'� December 19, 2000 On December 15, 2000, the Western Washington Growth Management Hearings Board issued a Compliance Order Regarding Previous Findings of Invalidity in Case No. 96-2-0023. The Growth Management Hearings Board order removed the invalidity from most issues but continues the invalidity of Mason County Development Regulations Matrix of Permitted Uses located in Section 1.03.020 with respect to the rural lands and resource lands. HOW WILL THIS AFFECT YOU? Sites within designated urban growth areas are not affected. Single family development on lots existing before receipt of.the Hearings Board orders are not affected. Expansion and remodeling of development existing before the orders are not affected. Permit and/or development applications--which are not exempted as noted above and which are not vested prior to the date of the Growth Management Hearings Board original order(January 14, 1999) -- are subject to this order. These affected applications for development will vest to the local ordinance which is approved by the Hearings Board by their removal of invalidity. Until the invalidity is removed, the legal status of applications cannot be ascertained. The Mason County Board of Commissioners has directed county staff to continue to accept applications for new non- residential development. Complete applications will be reviewed to determine if they are affected by the order of invalidity. The applicant for affected applications will be notified and the application will be held by the county until the order of invalidity is lifted. Please refer to RCW 36.70A.302 for additional details. Copies of the Hearings Board orders are available for review at the reception counter of the Department of Community Development, the Permit Assistance Center. All permit applicants are encouraged to review these orders carefully as they may affect the legal rights of any application filed after January 14, 1999. The current situation is a temporary one, but it is unclear how long it may continue. The county has 180 days to comply with December 15, 2000 Order. RCW 36.70A.302 Determination of Invalidity— (4.) If the ordinance that adopts a plan or development Vesting of development permits—Interim controls. (1)A regulation under.this chapter includes a savings clause board may determine.that part or all of a comprehensive plan intended to revive prior policies or regulations in the event or development regulations are invalid if the board: the new plan or regulations are determined to be invalid, the (a) Makes a finding of noncompliance and issues an board shall determine under subsection (1) of this section order of remand under RCW 36.70A.300; whether the prior policies'or regulations are valid during the (b)Includes in the final order a determination, supported period of remand. by findings of fact and conclusions of law, that the continued (5) A county or city subject to a determination of validity of part or parts of the plan or regulation would substantially interfere with the fulfillment of the goals of thus invalidity may adopt interim controls and other measures to g be in effect until it ad chapter-, opts a comprehensive plan and and development regulations that comply with the requirements (c) Specifies in the final order the particular part or of this chapter. A development permit application may vest parts of the plan or regulation that are determined to be under an interim control or measure u n determination b invalid, and the reasons for their invalidity. Po y (2)A determination of invalidityis nos the'board that the interim controls and other measures do not ' prospective in effect substantially interfere with the fulfillment of the goals of this and does not extinguish rights that vested under state or local chapter. law before receipt of the board's order by the city or county. The determination of invalidity does not apply to a complet- (6) A county or city subject to a determination of ed development permit application for a project that vested invalidity may file motion requesting that the board clarify, modify, under state or local law before receipt of the board's order 'or rescind the order. The board shall expeditiously by the county or city or to related construction permits for schedule a hearing on the motion. At the hearing on the that project. motion, the parties may present information to the board to (3xa)Except as otherwise provided in subsection (2)of clarify the part or parts of the comprehensive plan or Us section and (b)of this subsection, a development permit development regulations to which the final order applies. The board shall issue any supplemental order based on the application not vested under state or local law before receipt information provided at the hearing not later than thirty days of the board's order by the county or city vests to the local ordinance or resolution that is determined by the board not after the date of the hearing. to substantially interfere with the fulfillment of the goals of (7)(a) If a determination of invalidity has been made this chapter. and the county or city has enacted an ordinance or resolution (b)Even though the amending the invalidated part or parts of the plan or regula- g application is not vested under state tion or establishing interim controls on development affected or local law before receipt by the county or city of the by the order-of invalidity, after a compliance hearing, the board's order, a determination of invalidity does not apply board shall modify or rescind the determination of invalidity to a development permit application for: (i) a permit for construction by any owner, lessee, or if it determines under the standard in subsection (1) of this contract purchaser of asingle-family residence for his or her section that the plan or regulation, as amended or made own use or for the use of his or her family on a lot existing subject to such interim controls, will no longer substantially 1° before receipt by the county or city of the board's orderinterferewrth the fulfillment of the goals of this chapter. except as otherwise specifically provided in the board's order (b) If the board o longer i that part or parts of the plan to protect the public health and safety; or regulation are no longer invalid as provided in this (ii) A building permit and related construction permits subsection, but does not find that the plan or regulation is in h f all compliance with a o the requirements of this chapter,for remodeling, tenant improvements, or expansion of an comp the existing structure on a lot existing before receipt of the board, in its order, may require periodic reports to the board board's order by the county or city; and on the progress the jurisdiction is making towards compli- (iii) A boundary line adjustment or a division of land anec' (1997 c 429 § 16.1 that does not increase the number of buildable lots existin Prospedlve 8PPttntton-1997 c 429 ¢¢ 1-21: See note following g before receipt of the board's order by the county or city. 1t 36'70A.3201. S7gP, o GARY YANDO,DIRECTOR �? C .0 s° _ DEPARTMENT OF COMMA DEVELOPMENT U x°Y 4 PLANNING-SOLID WASTE- UTILITIES of aoy BLDG. I • 411 N. 5TH ST. • P.O. BOX 578 1864 SHELTON,WA 98584 • (360) 427-9670 NOTICE TO APPLICANTS On January 14, 1999, the Western Washington Growth Management Hearings Board issued a Final Decision and Order regarding Case No. 96-2-0023, Dawes vs. Mason County. The Growth Management Hearings Board order invalidates a portion of the Mason County Comprehensive Plan and portions of the Mason County Platting Ordinance and Development Regulations. HOW Wn L THIS AFFECT YOU? All permit and/or development applications submitted to Mason County after the date of the Growth Management Hearings Board order (after January 14, 1999) are subject to this order. New applications for development vest to the local ordinance or resolution that is determined by the Hearings Board not to substantially interfere with the fulfillment of the goals of the Growth Management Act. Until the invalidity is removed, the legal status of applications cannot be ascertained. The Mason County Board of Commissioners has directed county staff to continue to accept applications for new non-residential development, subdivisions, large lot plats, and short plats and review them for completeness. Complete applications for these types of development will be held by the county until the order of invalidity is lifted. Single-family construction and the expansion or remodeling of development existing before the receipt of the Hearing Boards order and on a lot existing before the order are not affected. Please refer to RCW 36.70A.302 for additional details. The portions invalidated are as follows: The Mason County Comprehensive Plan Section III-3 Rural I antis; Ordinance#82-96, Development Regulations, Section 1.02.042 General Rural Areas, Section 1.02.044 Rural Activity Centers, Section 1.02.047 Resource Conservation Master Plan, Section 1.02.048 Working Rural Areas, Section 1.03.020 Matrix of Permitted Uses, and Section 1.03.032 Minimum Lot Sizes; and Ordinance #82-96, Amendments to Title 16, Plats and Subdivisions, Section 16.22.039 Mixed Uses "as it applies only to Rural Activity Centers and Rural Community Centers." Copies of the Hearings Board orders are available for review at the reception counters of the Department of Community Development, the Permit Assistance Center, and the Environmental Health Department. All permit applicants are encouraged to review these orders carefully as they may affect the legal rights of any application filed after January 14, 1999. The current situation is a temporary one, but it is unclear how long it may continue. The county has 180 days to comply with the Final Decision and Order. Recycled fix;