Okanogan County zone code hearings draw strong public response

OKANOGAN – Countless public hearings on a variety of topics held around the county frequently starve for participation. Likewise, many public surveys distributed to stimulate citizen feedback often result in meager responses.

Neither has been the story for three Okanogan County zone code hearings held in February, March, and December, concerning property rights, land use regulations, and future development, all of which have economic implications for property owners.

The near-150 written responses that preceded the Dec. 2 hearing held in the fairgrounds Agriplex predicted another substantial turnout regarding most recent zone code amendments that reach into every corner of the county.

The hearing panel comprised of Okanogan County Director of Planning and Development Stephanie “Pete” Palmer, county commissioners Chris Branch (District 1), Andy Hover (District 2), and moderator Jon Neal (District 3), limited each speaker to three minutes to allow the three-dozen-plus who signed up to fit into the allotted two-hour meeting.

Palmer opened the dialogue by reading a staff report outlining the second revision of the proposed amendments based on previous public and Planning Commission input. 

“The proposed code amendments are part of a broader timeline of events related to the County's Comprehensive Plan and Zone Code,” said Palmer. Key events include:

2016 

• Updated zone code adopted by Okanogan County was challenged by the Methow Valley Citizens Council (MVCC), Futurewise, and the Yakama Nation.

‣ The Futurewise website, futurewise.org says the organization “works throughout Washington state to encourage healthy, equitable and opportunity-rich communities, and to protect our most valuable farmlands, forests, and water resources through wise land use policies and practices.”

‣ The Methow Valley Citizens Council website, mvcitizens.org, defines its mission to “raise a strong community voice for the protection of the Methow Valley’s natural environment and rural character.”

2017

• Yakama Nation agreed to dismiss the lawsuit in exchange for Okanogan County's agreement to adopt a new comprehensive plan and zone code by the end of 2018. 
• The court stayed the case with Futurewise and MVCC pending the adoption of a new comprehensive plan and zone code.

2019

• Yakama Nation filed a motion to vacate the 2017 order of dismissal when Okanogan County missed the deadline for adopting a new comprehensive plan and zone code. 
• The court denied the motion to vacate the 2017 order of dismissal. 
• Yakama Nation appealed to Division Ill.

• Division Ill disagreed and remanded to Superior Court to vacate the 2017 order of dismissal and enforce the terms of the 2017 order. Okanogan County and Yakama Nation agreed to a stay. 
• A revised Comprehensive Plan was adopted by the BOCC.

Revisions and comments

A new dark skies element in the code that restricts outdoor lighting and a ban on ridgetop building drew many comments for and against. One of the code revisions that sparked opposition in the previous hearing increased the minimum lot size from one (R1) to two (R2) acres to allow construction. Those are among several proposed code revisions that:

• Reverted the change from Rural 1 (RI) to Rural 2 (R2), keeping the RI designation but with additional provisions. Removed the lot coverage requirement for the designation, consistent with the existing Zone Code.
• Returned multi-family dwelling density to the Rural 20 (R20) designation.
• Returned height and density requirements to the text portion of each zone designation.
• Added special provisions to the Methow Review District (MRD) designation to address:

‣ Outdoor lighting

‣ Light and glare

‣ Ridgetop development

• Removed all changes made to temporary use permit application requirements.
• Added a Special Uses chapter that provides land use regulations specific to:

‣ Cryptocurrency operations

‣ Electric vehicle charging stations

‣ Wind energy facilities

‣ Solar energy facilities

• Updated the District Use Chart, reverting

‣ Allowed uses to permitted

‣ Permitted uses to conditional uses

‣ Conditional uses to permitted

‣ Unpermitted uses to allowed

Among many who commented was Brewster Chamber of Commerce President Pedro de la Cerda who urged the county to publish a Spanish language version of the code so members of that community can understand it.

“A lot of the Hispanic community do not know what it means,” said de la Cerda referring to 20-plus percent of Spanish-speaking county residents.

Alma Torres-Jones testifying with de la Cerda quoted from a document suggesting that the county may be in violation of a provision of the 1964 Civil Rights Act by the language omission.

Based on the input they gathered county officials will conduct workshops on any proposed changes prior to a Dec. 23 meeting scheduled to adopt the code. 

Mike Maltais: 360-333-8483 or michael@ward.media