ORDINANCE 2004-05

(REPEALING ORDINANCE 2002-06, ORDINANCE 2002-18, ORDINANCE 2003-03, ORDINANCE 2003-12, ORDINANCE 2004-02 AND ORDINANCE 2004-04 AND TO ESTABLISH MINIMUM LOT SIZES CONSISTENT WITH THE WEST END COMMUNITY COMPREHENSIVE SUBAREA PLAN AND MAP)

AN ORDINANCE TO REPEAL ORDINANCE 2002-06, 2002-18, 2003-03, 2003-12, 2004-02 AND 2004-04’S MORATORIUM ON REZONE APPLICATIONS FOR ANY PARCEL LOCATED WITHIN TOWNSHIP 1 NORTH, RANGE 5 EAST; TOWNSHIP 2 NORTH, RANGE 5 EAST; TOWNSHIP 3 NORTH, RANGE 5 EAST; TOWNSHIP 1 NORTH, RANGE 6 EAST; TOWNSHIP 2 NORTH, RANGE 6 EAST; OR TOWNSHIP 3 NORTH, RANGE 6 EAST, WILLAMETTE MERIDIAN, LYING NORTHERLY OF THE COLUMBIA RIVER GORGE NATIONAL SCENIC AREA BOUNDARY AND SOUTHERLY OF THE GIFFORD PINCHOT NATIONAL FOREST BOUNDARY, GENERALLY KNOWN AS THE “WEST END” OF SKAMANIA COUNTY; AND TO ESTABLISH MINIMUM LOT SIZES CONSISTENT WITH THE WEST END COMMUNITY COMPREHENSIVE SUBAREA PLAN AND FINAL COMPREHENSIVE SUBAREA PLAN MAP TO BE INCLUDED IN SKAMANIA COUNTY CODE TITLE 21, CHAPTER 67 WEST END INTERIM ZONING.

WHEREAS, the Board of County Commissioners on May 6, 2002, adopted a six-month moratorium on all rezone applications for any parcel located within Township 1 North, Range 5 East; Township 2 North, Range 5 East; Township 3 North, Range 5 East; Township 1 North, Range 6 East; Township 2 North, Range 6 East; Township 3 North, Range 6 East, Willamette Meridian, lying northerly of the Columbia River Gorge National Scenic Area Boundary and southerly of the Gifford Pinchot National Forest Boundary, commonly known as the “west end” of the County, until the Comprehensive Plan and Zoning Amendments were completed; and,

Whereas, the Board of County Commissioners on October 7, 2002, March 17, 2003, September 8, 2003, March 1, 2004 and August 23, 2004, adopted an ordinance to extend the moratorium on all rezone applications in the above named areas, each for an additional six-month period of time; and,

WHEREAS, the Planning Department has held twenty-two meetings with the West End Community Members, providing notice for each meeting; and,

WHEREAS, the Planning Commission provided official notice and held a workshop and public hearing and voted unanimously to recommend adoption of the West End Community Comprehensive Subarea Plan, as modified and Map 2 as modified; and,

WHEREAS, the Board of County Commissioners provided official notice and held a workshop and public hearing to review the Planning Commission’s recommendation and consider adopting the West End Community Comprehensive Subarea Plan and Draft Comprehensive Subarea Plan Map; and,

WHEREAS, after public testimony and deliberations, the Board of County Commissioners adopted the West End Community Comprehensive Subarea Plan and Final Comprehensive Subarea Plan Map; and,

WHEREAS, the Board of County Commissioners has the authority pursuant to RCW 36.70.440 to adopt and certify by motion a comprehensive plan or part thereof; and,

WHEREAS, the Board of County Commissioners finds a sufficient basis to establish minimum lot sizes as set out in the West End Community Comprehensive Subarea Plan and Final Comprehensive Subarea Plan Map so that the zoning is consistent with the West End Community Comprehensive Subarea Plan and Final Comprehensive Subarea Plan Map; and,

WHEREAS, the Board of County Commissioners intends for these recitals to constitute its “findings of facts”.

NOW, THEREFORE BE IT HEREBY ORDAINED AND ESTABLISHED BY THIS BOARD OF COUNTY COMMISSIONERS AS FOLLOWS: the Board of County Commissioners hereby repeals Ordinance No. 2002-06, No. 2002-18, No. 2003-03, No. 2003-12, No. 2004-02 and No. 2004-04 that extended the moratorium on the acceptance of rezone applications for any parcel located within Township 1 North, Range 5 East; Township 2 North, Range 5 East; Township 3 North, Range 5 East; Township 1 North, Range 6 East; Township 2 North, Range 6 East; Township 3 North, Range 6 East, Willamette Meridian, lying northerly of the Columbia River Gorge National Scenic Area Boundary and southerly of the Gifford Pinchot National Forest Boundary; and furthermore adopts a new Chapter 67, in the Skamania County Code Title 21 entitled West End Interim Zoning, to establish minimum lot sizes as set out in the West End Community Comprehensive Subarea Plan and Final Comprehensive Subarea Plan Map so that the zoning lot sizes in the “West End” are consistent with the West End Community Comprehensive Subarea Plan and Final Comprehensive Subarea Plan Map.

BE IT FURTHER ORDAINED AND ESTABLISHED BY THIS BOARD OF COUNTY COMMISSIONERS that the ordinance, and its recitals, shall constitute the Board of County Commissioner’s findings of facts, and the following is the final draft of the ordinance establishing Skamania County Code Chapter 21.67. (Underlined text is new text)

Title 21 - ZONING

CHAPTER 21.67 – WEST END INTERIM ZONING

SECTIONS:

21.67.010 APPLICABILITY

21.67.020 EFFECTIVE DATE

21.67.030 ZONING MAP

21.67.040 RELATIONSHIP TO THE BALANCE OF TITLE 21

21.67.050 ZONE CLASSIFICATIONS

21.67.010 APPLICABILITY

This chapter applies to all lands in that portion of unincorporated Skamania County located within Township 1 North, Range 5 East; Township 2 North, Range 5 East; Township 3 North, Range 5 East; Township 1 North, Range 6 East; Township 2 North, Range 6 East; Township 3 North, Range 6 East, Willamette Meridian, lying northerly of the Columbia River Gorge National Scenic Area Boundary and southerly of the Gifford Pinchot National Forest Boundary, commonly known as the “west end” of the County and depicted on the Final West End Community Comprehensive Subarea Plan Map.

21.67.020 EFFECTIVE DATE

This Chapter becomes effective upon adoption hereof by the Board of County Commissioners.

21.67.030 ZONING MAP

Until a zoning map is made part of this chapter and is known as the “West End Zoning Map”, minimum lot sizes in the West End shall be as set out in the West End Community Comprehensive Subarea Plan and Final Comprehensive Subarea Plan Map so that the zoning lot sizes in the “West End” are consistent with the West End Community Comprehensive Subarea Plan and Final Comprehensive Subarea Plan Map. The minimum lot sizes shall be used to determine the number of dwelling units allowed on a parcel of property and to determine the minimum lot size for new parcels created through a land division (Short Plat, Subdivision, or by Deed). Once a zoning map is created, it shall show the zone classifications assigned to specific parcels of property and be consistent with the Comprehensive Plan Designations shown on the Final West End Community Comprehensive Plan Map.

21.67.040 RELATIONSHIP TO THE BALANCE OF TITLE 21

Except to the extent that the provisions of this chapter are in conflict with or contradict the provisions of the balance of Title 21, the provisions set out in Title 21 shall remain in full force and effect in the West End Area. When a conflict arises, the provisions of this Chapter shall be controlling.

21.67.050 ZONE CLASSIFICATIONS

Zones shall be shown on the West End Zoning Map and its revisions. Until a zoning map is made part of this chapter, minimum lot sizes in the West End shall be as set out in the West End Community Comprehensive Subarea Plan and Final Comprehensive Subarea Plan Map so that the zoning lot sizes in the “West End” are consistent with the West End Community Comprehensive Subarea Plan and Final Comprehensive Subarea Plan Map.

ZONE CLASSIFICATION MAPPING SYMBOL MINIMUM LOT SIZE

Rural Lands 2 RL2 2 Acre

Rural Lands 5 RL5 5 Acre

Rural Lands 10 RL10 10 Acre

Forest Lands 20 FL20 20 Acre

Commercial Resource Lands 40 CRL40 40 Acre

Neighborhood Commercial NC 2 Acre

REVIEWED under Consent Agenda this 18th day of October 2004, and set for public hearing on the 15^th day of November 2004, at 7:00 o’clock p.m.

ATTEST: BOARD OF COMMISSIONERS

SKAMANIA COUNTY, WASHINGTON

____________________________________

Chairman

____________________________________

Commissioner

_________________________ ____________________________________

Clerk to the Board Commissioner

AYE____

NAY____

ABSTAIN____

ABSENT____

ORDINANCE NO. 2004-05 PASSED INTO LAW THIS ____________ DAY OF NOVEMBER 2004.