A discussion to implement state law that allows for industry along Clark County’s short-line railroad has returned to the Clark County Council over four years after the process came to a halt.
The council hosted a work session on March 1 to discuss freight-rail dependent uses in the county. Due to state law passed in 2017, Clark County is one of two counties in Washington with the ability to implement changes to its land use code to allow for industrial development along short-line railroads like the Chelatchie Prairie Railroad.
History
The discussion is a revival of a process the council took up following the law’s passage. During that process, the council approved a zoning overlay to allow industrial uses in a 300-acre area west of state Route 503 roughly between Northeast 149th and 119th streets along the rail line.
The overlay covers agricultural land in Brush Prairie. Although the state requires protection of natural resources, it also allows for uses requiring the railroad, Jose Alvarez, a planner for Clark County, said.
“Trying to maintain that balance is one of the challenges in developing the code language,” Alvarez said.
In 2018, the county began the second phase of implementation, which included determining what uses would be allowed in the overlay. That year a Freight Rail Dependent Uses Advisory Committee made a list that featured more than 60 potential types of industry.
The committee also provided a recommendation to expand the initial overlay by approximately 1,800 acres, including land to the east of state Route 503.
Public response was largely against the overlay expansion. Eighty-four percent of respondents to an online survey with property in the expansion area said they preferred to have their property removed from the overlay, Alvarez said.
More than 70% of respondents weren’t satisfied with any of the uses proposed by the advisory committee, he added.
That overlay expansion was ultimately rejected by the county council in October 2018 as they stuck with the 300-acre one that was already approved.
The council delayed acting on the project until 2019 due to scheduling conflicts, a need for in-depth review of proposed uses and the need to clarify lease terms with the railroad operator, according to Alvarez’s presentation. The process has been at a halt ever since.
A new start
None of the current members of the Clark County Council were in their seats during the 2018 process.
“I think, in part, prior councils just didn’t have the political will to move forward after (the feedback) and there was very reasonable consternation by local residents that would be impacted,” Councilor Gary Medvigy said.
Medvigy said there is an apparent “mismatch in law” in relation to industrial areas crossing rural areas of the county.
“On the other hand, this could really create jobs, family wage jobs, in the north county area,” Medvigy said.
Those jobs could help reduce traffic congestion into Oregon by providing work on the Washington side of the Columbia River, he said.
Councilor Sue Marshall said the council should proceed cautiously given the community reaction to the process more than four years ago.
“I think it behooves us to take great care and engage the community along the railroad in this decision making,” Marshall said.
Medvigy was less receptive to that prior feedback, arguing the scope of implementation was for broader economic development that would benefit the whole county.
“No matter what we do, on any topic, anywhere in the county, there is a direct and loud opposing voice,” Medvigy said.
One point of contention was whether bringing urban services like a sewer system is legal under state law. Medvigy said he has never seen a legal analysis of the law allowing for the uses.
“Before we invest a lot of time in this, we need a legal opinion on how would a court view this,” Medvigy said.
Okanogan County is the only other county that can use the law. Medvigy said he reached out to that county to see how they implemented the law, but received “radio silence” from planning staff there.
“I don’t know what, if anything, they ever did with it,” Medvigy said.
The council agreed to provide direction to county staff before they move forward with the process. The council asked to receive the draft development regulations crafted in 2018 to see the prior work. They also sought some study on the economic viability of implementing the uses, be it from the county’s finance department or a partner agency like the Columbia River Economic Development Council.
Chief among the direction for staff is the legal review of urban services in the overlay, which Clark County Prosecuting Attorney Chief Civil Deputy Leslie Lopez said could be done in-house.
“My suggestion would be that we handle this in our own office and we are certainly more than capable of providing the information you need,” Lopez said.
Councilor Glen Yung agreed that some aspects of the process need legal clarification.
“As much as I want to go through this process and get closure on it, I do think that it is important that we do not potentially waste resources,” Yung said.
