10/20/2009

County clears cloud related to 2004 Cowlitz accord, growth management

Contact

Curt Wyrick, Prosecuting Attorney’s Office Phone: (360) 397-2478 Oliver Orjiako, Community Planning Phone: (360) 397-2280, ext. 4558

Vancouver, WA – The Western Washington Growth Management Board has lifted its objections to an agreement between Clark County and the Cowlitz Indian Tribe created in 2004 and rescinded by both parties in April 2009. As a result, the agreement no longer is a barrier to the county’s effort to comply with the state’s Growth Management Act and secure state grants for public works projects.

The agreement spelled out how the tribe would pay for local services and follow county standards if the tribe received federal approval to develop 152 acres next to Interstate 5 near La Center. Prior to the 2004 agreement, the tribe applied to have the federal government remove the property from state and local jurisdiction and place it in federal trust for the economic benefit of the tribe. That request is still awaiting federal action, which is necessary to determine whether the tribe may build a casino complex at that location.

Opponents of a casino sponsored a legal dispute over the 2004 agreement to question the county’s compliance with the state’s Growth Management Act.

In 2007 the tribe adopted an “Environment, Public Health, and Safety Protection Ordinance” to explain how the tribe intends to address potential financial and environmental impacts of the proposed casino. The ordinance was incorporated into the Cowlitz Tribal Gaming Ordinance, which has received federal approval from the National Indian Gaming Commission.

Additional issues pending
In a separate matter, the growth board held a “compliance hearing” today to assess the county’s Comprehensive Growth Management Plan. The county is in the process of resolving disputes over urban growth boundaries adopted in 2007, to support complete compliance and ensure eligibility for state grants linked to the Growth Management Act.

The Board of County Commissioners has agreed to adhere to recent rulings by Superior Court Judge Robert Harris and will not contest his decisions before the State Court of Appeals. To comply, planning staff is preparing proposals to adjust urban growth boundaries. The Planning Commission and Board will consider the compliance proposals later this year. Community Planning staff will notify owners of specific properties potentially affected by this review of urban growth boundaries.

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