Dry Creek Coalition

WWGMHB Order On Motion to Dismiss

WWGMHB found the following in Clallam County summary judgment or, in the alternative to dismiss in Case No. 08-2-0033:

Motion to Dismiss Issues 1 and 7 DENIED provided that DCC’s challenge in Issue 1 is limited to County’s treatment of allowed uses.
Issue 2 centered upon “The County’s Use of the Term ‘Prior to or as of July 1, 1990’  instead of July 1, 1990.  The WWGMHB dismissed Issue 2 believing that Case No. 07-2-0018c had rendered the County’s “prior to” language clearly non-compliant.
Issue 3 was withdrawn by DCC as it covered LAMIRD’s other than Laird’s East and West.
Issue 4 was dismissed in that the “oversized” area of Laird’s LAMIRD West was found compliant in the previous Case No. 07-2-0018c
Issue 5 request for dismissal was DENIED and centers upon DCC challenge to comprehensive plan and zoning in RLC, RNC and Rural Centers.  The County has not demonstrated that this issue has been resolved in Case No. 07-2-0018c.
Issue 6 dismissal is DENIED regarding County language in Comprehensive Plans uses the word “should” rather than “shall”, thereby allowing latitude in assessing a new development being similar to the “use,scale,size or intensity of uses existing as of July 1, 1990.  This will be addressed as a new issue in Case No. 08-2-0033.
Issue 7 dismissal is DENIED provided that DCC’s challenge in Issue 1 is limited to the County’s treatment of allowed uses.
Issue 8 dismissal is DENIED because not all of the issues in the appeal warrant dismissal.
This is the Case No. 08-2-0033 Order On Motions to Dismiss,etc YOU HAVE TO READ IT CAREFULLY CtyMotionDenied.pdf

DCC Response to County Motions for Summary Judgment or Dismissal

DCC responds to Clallam County request for Summary Judgement or Dismissal of Case No. 08-2-0033 Issues.
DCC provides response on eight (8) Prehearing Order Issues and withdraw Prehearing Order Issue #3 regarding the issues of Deer Park LAMIRD.
This document is DCCRespCtyDismissal.pdf

WWGMHB Order On DCC Motion For Reconsideration of Compliance Order

WWGMHB set the Compliance Hearing on Case No. 07-2-0018c for September 17, 2009.
WWGMHB stated that the Clallam Log Yard would remain in the Laird West LAMIRD despite the fact that whether the log yard was abandoned but showed a built environment as of July 1, 1990.
WWGMHB stated that several sections of the Clallam County Code provide that the use allowed in a particular zone must be “similar to the use, scale, size or intensity as the uses that existed in the area on July 1, 1990.
WWGMHB states that GMA does not levy requirements of specific “use, scale, size or intensity” or commercial development but went on to state that “as a result of this appeal, an extensive record has been compiled regarding the state of the built environment in the County’s LAMIRDs as of July 1, 1990, which the County and the public can rely upon for future land use decisions.”  This should prevent establishment of a commercial facility of greatly different “use, size, scale or intensity” in a future development of the Clallam Log Yard land.WWGMHBOrdOnDCCMotionRecon.pdf

Clallam County Response to DCC Request for Reconsideration

This is the Clallam County response to DCC request for reconsideration of issues in Case No. 07-2-0018c County_ResponseToReconsideration.pdf

The paper battle goes on, but I think taxpayers are getting their money’s worth, ....NOT.

Clallam Count Motion for Summaryh Judgment or, in the alternative, to Dismiss Case No. 08-2-0033

Clallam County requested dismissal of Case No. 08-2-0033.  Exhibit A to the attachment states that the County could negotiate acceptable language with DCC to replace the “prior to or as of July 1, 1990” language of County Ordinance and Resolution regarding zoning and development regulations.  This has been the key issue of this case.  County Commissioners have taken great latitude with interpretation of zoning and development regulations in the past and this is the entire reason for DCC petitions on these issues, particularly this Case No. 08-2-00033.  Put plainly, the County double crossed the citizens in interpretation of County Ordinances and zoning regulations in regard to two previous DCC issues and the regulations need to be placed in CONCRETE language.CountyMotion,etc.pdf

DCC Files Response to County Motion to Clarify, etc

The following document dated January 7, 2009 responds to Clallam County request for DCC to clarify issues in Case No. 08-2-0033DCCResponseNewPetitionJan7,08.pdf

New WWGMHB Case No. 08-2-0033 Emerges

DCC filed an objection to Clallam County Ordinance No. 835 and Resolution 88, 2008 which were two enactments adopted by the County to achieve compliance in regards to Case No. 07-2-0018c which was heard by WWGMHB on April 23, 2008 with a FDO stating that Clallam County had failed to comply with the Growth Management Act (GMA).

DCC requested that the issues in this petition be combined with the issues in the Compliance Hearing set for the January 12, 2009 to make the process more streamlined.  The new petition created a new Hearing now designated Case No. 08-2-0033.  This was denied by the WWGMHB and we now have two cases:  Case No. 07-2-0018c and Case No. 08-2-0033.  This WWGMHB document is here WWGMHBOrder_on_Case_08-2-0033.pdf

DCC Petition for Review of Clallam County Ordinance 827 and Resolution 77, 2007

D CC filed a petition for review by Western Washington Growth Management Hearing Board of Ordinance and Resolution created by Clallam County regarding conformance of Ordinance 827 and Resolution 77, 2007 to Growth Management Act requirements.  Petition DCCPetitionForReviewDec07.pdf

Superior Court Case 08 2 006461

Clallam County filed a petition with Superior Court of Washington for Clallam County for judicial review of the Western Washington Growth Management Hearing Board Final Decision and Order (FDO) dated April 28, 2008 regarding Clallam County land use issues.  The Clallam County filing is contained in this attachmentCountySuperiorCourtFiling.pdf

This deals with key features of the Futurewise issues raised in regard to R-2 zoning and UGA development issues.  DCC has chosen to proceed with issues regarding Laird East and West LAMIRD’s.

5-Year Plan (2005-2010) Clallam Conservation District

This Plan gives a lot of very good statistics for Clallam County relating to land usage.  http://www.clallam.net/streamkeepers/assets/applets/Clallam_County_Resource_Inventory.pdf.

Specifically watershed land areas, areas given over to UGA land usage, government land areas, etc.