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HomeMy WebLinkAboutOrdinance 06-226-CCBOARD OF COUNTY COMMISSIONERS Grant County, Washington ORDINANCE No. 06- C>a (4p -CC An ordinance relating to an amendment of the Grant County Zoning Map, changing the zoning of two parcels totaling 23.18 acres owned by Richard Penhallurick from Urban Residential 3 to Urban Residential 2. The site address of the subject area is 2468 Elgin Road, in the Urban Growth Area boundary of Moses Lake, WA, and in the SE'/4 of Section 20, Township 19 North, Range 28 East, WM, Grant County , WA. (Parcels #17-0760-000 and #17-0761-000) Recitals: WHEREAS, in compliance with the Growth Management Act of 1990, Grant County adopted a Comprehensive Plan in September of 1999, and WHEREAS, Grant County adopted the Unified Development Code (UDC) in October of 2000, establishing official zoning districts in conformance with the Comprehensive Plan, and WHEREAS, the Unified Development Code Chapter 25.12 "Legislative Actions" § 040 establishes a process for making Amendments to the Comprehensive Plan, and WHEREAS, the Unified Development Code Chapter 23.04 "Zoning Districts" § 150 establishes a process for Minor Zoning Amendments which are consistent with the goals and policies of the Comprehensive Plan, and WHEREAS, on March 1, 2004, Resolution 04 -036 -CC "A Resolution Relating to Comprehensive Planning in Grant County in Accordance with the Washington State Growth Management Act (RCW 36.70 A) and amending the September, 1999 Comprehensive Plan" was signed by the Grant County Board of Commissioners, and WHEREAS, Resolution 04 -036 -CC included approval of land use designation change, CPA 92002-20, from Urban Residential 3 to Urban Residential 2, and WHEREAS, an application (#06-4500) for a Minor Zone Change has been processed in accordance with the UDC Chapter 23.04 "Zoning Districts", Chapter 24.04 "SEPA", and Chapter 25.04 "Permit Application Review Procedures," and Richard Penhallunck Minor Zone Change - BoCC Ordinance - page I WHEREAS, the Grant County Planning Commission held an Open Record Public Hearing regarding this proposed zone change, during their regular meeting on August 2, 2006, after which they voted unanimously to recommend approval of this Minor Zone Change, and WHEREAS, the Grant County Board of Commissioners held a Closed Record Public Hearing regarding this proposed zone change on August 30, 2006, and WHEREAS, after consideration of the Planning Commission's report and staff comments, the Board of County Commissioners voted to approve this zone change, and WHEREAS, the Grant County Board of Commissioners have established the following ten "Findings of Fact" supporting their approval of this zone change: 1) The proposed rezone will not be contrary to the intent or purposes and regulations of the Grant County Code or the Comprehensive Plan, 2) The property in question is suitable for uses allowed under the proposed zoning district; 3) Uses allowed under the proposed zone change are compatible with neighboring land uses, 4) The proposed rezone can be served by adequate facilities including access, fire protection, water, storm -water control, and sewage disposal facilities; 5) Substantial changes do exist to warrant an amendment to the current zoning district; 6) A public need does exist for the proposed rezone. Public need shall mean that a valid public purpose, for which the comprehensive plan and this chapter have been adopted, is served by the proposed rezone. 7) The proposed rezone will not result in significant adverse impacts on the human or natural environments that cannot be mitigated by conditions of approval; 8) The cumulative impact of additional requests for like actions (the total of the rezones over time or space) will not produce significant adverse effects to the environment that cannot be mitigated by conditions of approval, 9) The pedestrian and vehicular traffic associated with the rezone will not be hazardous to existing and anticipated traffic in the neighborhood; and 10) The proposed zoning district does not include any allowable use or activity that would result in the location of an incompatible use adjacent to an airport or airfield (RCW 36.70). NOW, THEREFORE, BE IT ORDAINED, that the Board of County Commissioners hereby rescind the current zoning designation of Parcels #17-0760-000 and #17-0761-000 on the Official Zoning Map, and Richard Penhallunck Minor Zone Change - BoCC Ordinance - page 2 BE IT FURTHER ORDAINED, that through the adoption of this ordinance the Grant County Board of Commissioners approve the zone change for Parcels #17-0760-000 and #17-0761-000 from Urban Residential 3 to Urban Residential 2, and BE IT FURTHER ORDAINED, that the effective date of this ordinance shall be 5:00 pm of the date signed. 0000♦ DATED this ' day of Jjt4yfes—,2006. ATTEST: BOARD OF COUNTY COMMISSIONERS Yea Nay Abstain G COUNTY, WASHINGTON ❑ ❑ Richard Stevens, Chair 111-M &fie2 ❑ f�oct Deborah Kay Moor , ember ❑ ❑ LeRoy C. Allison, Member the Board of County Commissioners of Grant County, Washington Richard Penhallunck Minor Zone Change - BoCC Ordinance - page 3