Zoning law clash in Washington What happened next

Have you ever felt uneasy about development projects bypassing zoning laws in Washington State? Understanding these laws is crucial to address such concerns. This article explores a key court ruling that clarifies how zoning laws are applied, offering guidance on navigating similar issues.

Situation

Specific Circumstances

In Washington State, a legal situation developed around a project intended by a group known as Apple Tree Point Partners. This project was located in Kitsap County, and it involved turning 123 acres of land into a planned unit development, often called a PUD. The main question was whether the project should follow the old zoning laws or the newer growth management rules that weren’t fully in place when the project was started. The local people, called the Association of Rural Residents, didn’t want the project to happen. They thought it went against rules meant to stop cities from growing too much into rural areas, which could change the character of their community.

Judgment

The court decided in favor of the defendants, which included Kitsap County and Apple Tree Point Partners. The court said that the project could go ahead based on the zoning laws that were in place when the project application was filed. This meant they didn’t have to follow the newer rules from the Growth Management Act (GMA) because these rules weren’t officially adopted when the application was submitted. The case number for this decision is Washington No. 68027-2.

Solution

Immediate Actions

If you find yourself in a similar situation where a development project seems to bypass zoning laws, the first step is to understand the laws that were in place when the project was submitted. This involves checking the local zoning ordinances and any newer growth management guidelines. It’s crucial to gather all relevant documents and timelines related to the project application. Consulting with a local land use attorney can provide clarity on whether the project is being evaluated under the correct set of laws.

Filing and Submission Tips

When preparing to challenge a development project legally, filing the right documents is key. You’ll need to draft a formal complaint that outlines how the development violates existing laws or community standards. This document should be detailed, including evidence like maps, letters, and any communication related to the project. It is also important to submit your complaint to the right authority, such as a local planning commission or court, depending on the nature of the issue. An attorney can help ensure that your submission complies with all legal requirements and deadlines.

Negotiation and Settlement Strategies

Before taking legal action, consider engaging in negotiation or mediation with the developers or local authorities. This can sometimes lead to a settlement that addresses your concerns without the need for a court case. Effective strategies include presenting a well-documented case, proposing compromises that still protect community interests, and remaining open to dialogue. If negotiation fails, litigation might be necessary, and having a strong legal team can significantly enhance your chances of a favorable outcome.

FAQ

What is vesting?

Vesting is a legal principle that ensures a land use application is assessed based on the laws that were in place when it was submitted. This provides developers with predictability and security, knowing that changes in law after their application won’t affect their project.

What is a PUD?

A Planned Unit Development (PUD) is a flexible zoning tool that allows developers to design a mix of residential, commercial, and recreational spaces in a single area. This method promotes creative land use and can lead to more efficient and attractive communities.

What is IUGA?

The term Interim Urban Growth Area (IUGA) refers to temporary boundaries set by a county where urban development is encouraged. These boundaries are part of a plan that will eventually be finalized under the Growth Management Act.

What is SEPA?

The State Environmental Policy Act (SEPA) requires that government agencies consider the environmental impacts of proposals before making decisions. This ensures that the environmental consequences are considered in the development process.

How does GMA work?

The Growth Management Act (GMA) requires local governments to create comprehensive plans that manage urban growth and reduce sprawl. It aims to concentrate development in designated Urban Growth Areas (UGAs) to protect rural lands and resources.

What is RCW 36.70A?

RCW 36.70A is part of the Revised Code of Washington that details the Growth Management Act. It sets the framework for local land use planning to ensure growth is managed effectively and sustainably.

What is RCW 58.17.033?

RCW 58.17.033 outlines the vested rights doctrine in Washington. It states that land division applications should be considered under the regulations in place when the application is submitted, not under any laws enacted afterward.

Why was an EIS required?

An Environmental Impact Statement (EIS) was required because the project was deemed to have significant environmental impacts. An EIS provides a thorough analysis of these impacts and is necessary under SEPA to ensure informed decision-making.

What if zoning changes?

If zoning changes occur after an application is submitted, the project is generally evaluated under the rules in effect at the time of submission due to the vested rights doctrine. This provides stability and predictability for developers.

Who enforces GMA?

The enforcement of the Growth Management Act (GMA) is primarily the responsibility of local governments, with oversight by Growth Management Hearings Boards. These boards review compliance with the GMA but have limited enforcement powers.