A Tale of Two Subdivision Appeals

Public Hearing on Lower Valley Zoning
August 3, 2020
County to consider appeal of two subdivisions this week
August 25, 2020
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A Tale of Two Subdivision Appeals

For years, Methow Valley Citizens Council has been concerned about Okanogan County allowing growth beyond the capacity of the Methow Valley’s water sources to sustain a balance between many human uses (agriculture, recreation, commercial businesses, residences) and the healthy populations of fish and wildlife that we treasure. As the valley grows and experiences strong pressure from booming real estate trends, it is more important than ever that we have a plan to ensure that balance remains intact. At present, there is no such plan.

In response to MVCC’s repeated statements of concern and objections, the County in 2019 adopted a 6-month moratorium on using the reserved water for subdivisions. The moratorium was not complete, however; there was an exception allowing some landowners to subdivide an existing lot into two lots. MVCC told the county it did not believe that the provision for a two-lot subdivision was allowed under state regulations.This ordinance expired in June 2020 and was replaced by Ordinance 2020-4, a prohibition with the same exception – and new exceptions added.  In early 2020, two different landowners each applied for a two-lot subdivision south of Twisp. When the county issued preliminary approvals for the two proposed subdivisions in June, MVCC was required to appeal them or lose our right to be heard.

On July 6, MVCC sent a Notice of Appeal to Okanogan County, contesting the Planning Department’s preliminary approval of two subdivisions proposed for the “Lower Reach” of the Methow watershed. MVCC also filed complaints with the Department of Ecology for these subdivision applications.

For a deeper dive into the legal background, please click here.

We are concerned about the rapid pace of growth in the valley under the county’s outdated and contested regulations, and the rate at which subdivisions may occur under the exception if nothing is done to address the underlying issues related to water.

While the county gathers more information about water availability and potential solutions, and presents them to the community for dialogue and problem-solving, we believe that a full moratorium on subdivisions and on building permits is the responsible and appropriate response.
What’s Next: 

According to the County Code, a hearing before the Okanogan County Hearings Examiner must be scheduled within 60 days of the Notice of Appeal. We are currently awaiting a response to schedule the hearing.

While this plays out, Ordinance 2020-04, which provides the exception that allowed these two subdivision applications to proceed despite the “moratorium,” has a public hearing scheduled on Zoom for August 3 at 5:00 pm. MVCC urges our members and friends to comment on the Ordinance (see below).
Public Hearing on Subdivision Ordinance

The Board of County Commissioners is holding a public hearing on the subdivision ordinance on Monday, August 3, 2020 at 5:00 p.m.

You can attend the hearing via the following Zoom Link

https://us02web.zoom.us/j/84346699333 Meeting ID: 843 4669 9333

Or by dialing in on your phone +1 253 215 8782 OR +1 669 900 9128 OR +1 346 248 7799 Meeting ID: 843 4669 9333
Here’s what you need to know about the new ordinance:

  • This is not a complete moratorium, because it does not stop all new subdivisions or building.
  • The new Ordinance has THREE exceptions in place to allow continued subdivision: the original two exceptions that allow the ordinance to affect only new subdivisions and that allow a lot with an existing home to subdivide; AND a third new exception allowing “exempt” subdivisions of 20 acres or more, condos and “binding site plans” to proceed.
  • None of the exceptions address the county’s obligation under state law to provide for legally available water, according to MVCC’s (and many others) interpretation of the law.
  • The county adopted the ordinance with no more information than they had previously about how many lots can be developed, and potential impacts of new growth on available water supplies. We believe it should be the other way around – the county should know what the potential scale of development would be under the exceptions, and whether the new subdivisions have legal access to water, before including the exceptions.
  • The Ordinance contains a Work Plan with a one year deadline to answer a list of questions that we agree are pertinent to the issue. Our concern is that the above exceptions allow for a potential explosion of new, unplanned growth in the valley during the next year. Homes built and lots created during this time may later be determined not to have a legal water supply. There is no process identified for answering the questions in the Work Plan.
  • The Comprehensive Plan is still under development, with a schedule to achieve a final draft by this fall. We wonder how the county can have a meaningful Comp Plan that addresses water availability and sets the stage for zoning, without having the answers to any of the questions in the Work Plan first.

We encourage you to attend this meeting and to submit comments that support keeping the ordinance and the work plan, but removing the exceptions until more information is available.
MVCC Comments on New Subdivision Ordinance

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