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HomeMy WebLinkAboutResolution 14-047-CC � , BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON , RESOLUTTON NO. �"7 -- C.� d� �'�-� 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 2006 Comprehensive Plan and Zone Changes. WHEREAS, in 1990, the Washington State Legislature passed and the Governor signed into law the Growth Management Act (GMA) as contained in SHB No 2929 (Washington Laws, 19901st Ex. Sess., Ch 17), which was subsequently codified as among other chapters, Chapter 36.70 A RCW; and WHEREAS,the Washington State Growth Management Act requires all counties and cities in the State to do some planning and the fastest growing counties and cities with them, to plan extensively in keeping with state goals and policies on: sprawl reduction, affordable housing, economic development, open space and recreation,regional transportation, environmental protection,property rights, natural resource industries, historic lands and buildings, permit processing,public facilities and services, and early and continuous public participation; and WHEREAS,the Washington State Growth Management Act requires all counties and cities within the state to classify, designate, and conserve natural resource lands (agricultural and mineral) and protect critical areas (wetlands, geologically hazardous areas, fish and wildlife habitat conservation areas, aquifer recharge areas, and frequently flooded areas); and WHEREAS, Chapter 36.70 RCW required Grant County to adopt a Comprehensive Plan that met specified GMA goals and addressed the mandated GMA elements; and WHEREAS, after complete review and public record of the State Environmental Review process, Grant County issued a Final Environmental Impact Statement on July, 2, 1999; and subsequent amendments through 2014 and; WHEREAS, over the past years, the Comprehensive Plan's policies may have changed to insure that the development patterns in the County remain consistent with the intent of the communities' vision for the future and the Plan's goals and policies; and WHEREAS, it is important that amendments to this plan retain the broad perspectives ai�ticulated in the community vision statements, satisfies the goals and policies of this Plan, and remain consistent with the intent of the GMA; and Grant County Board of Coimty Commissioners Resolution Adopting Amendments for the Year 2014 To the Grant County Comprehensive Plan 1 , � 1 I WHEREAS,the Growth Management Act(GMA) establishes procedures for the review and amendment of Comprehensive Plans governing counties and cities planning under the Act; and WHEREAS,the County has established a public participation program identifying procedures whereby proposed amendments or revisions of the Comprehensive Plan are considered by the governing body of the County no more frequently than once every year; and WHEREAS, amendments to the Comprehensive Plan fall into several major categories or types and different review application and review criteria apply to each. The kinds of amendments identified herein may include: • Urban Growth Area Boundary Changes; • Plan policy or text changes; • Plan Map changes; • Supporting document changes; emergency amendments; and • Site-specific amendments; and WHEREAS,policy amendments may be initiated by the County or by other entities, organizations or individuals through petition; and WHEREAS,petitions were received on forms provided by the Department, containing appropriate maps showing the proposed change and addressing the policy or map evaluation criteria as described in the Comprehensive Plan; and WHEREAS, On May 13, 2014 the Board of County Commissioners directed staff to initiate the SEPA review process and schedule each of the complete amendments proposed, along with staff recommendations before the Planning Commission for public hearing; and WHEREAS,public hearings were conducted by the Planning Commission on July 2, 2014, to hear staff recommendations and talce public testimony on each of the proposed amendments to the Grant County Comprehensive Plan and proposed Zone Changes; making recommendations and listirig Findings of Fact on each amendment and zone change, and; WHEREAS,the Planning Commission continued a hearing on August 6, 2014 in order � to make a recommendation to the Board of County Commissioners for the application submitted by Live Nation&Martin Hanson, and WHEREA�,the Planning Commission staff reports and recommendations are made a part of the record of this public hearing as it relates to SEPA and the attached ' amendments and zone changes, and ' Grant County Board of County Commissioners Resolution Adopting Amendments for the Year 2014 To the Grant County Comprehensive Plan 2 I I � , WHEREAS, a non-project proposal to consider adoption of amendments to the Comprehensive Plan, including site-specific land use designation changes, changes to Figure 5-5 Future Land Use Map, changes to the Quincy Urban Growth Boundary were considered, as well as associated Zone Changes, and; WHEIZEAS, copies of this EIS Addendum were distributed to agencies, organizations and individuals listed on the Planning Department distribution list and requesting that comments be submitted in accordance with WAC 197-11-340 (2), and; WHEItEAS, the Board of County Commissioners conducted an open-record public hearing on Tuesday, August 26, 2014 to consider the 2014 requests for amendment to the Comprehensive Plan, and the recommendation from the Planning Commission for each of the proposed amendments and their respective zone changes; NOW,THEREFORE, BE IT RESOLVED,that the Board of County Commissioners for Grant County adopts the attached Findings of Fact per Attachment"B" and the attached record pertaining to the approval of the 2014 Comprehensive Plan amendments and Zone Changes; and SE IT FURTHER RESOLVED,that the Board of County Commissioners for Grant County adopts Findings of Fact as per Attachment"A" in support of these actions. PASSED by the Board of County Commissioners in regular session at Ephrata, Washington, by the following vote, then signed b�ts membership an�attes ed to by its Clerk in authorization of such passage this��.. day of_� � ,C ..� 2014. DATED this ���day of �� , 2014. BOARD OF COUNTY COMMISSIONERS Yea Nay Abstain GRANT COUNTY, WASHINGTON r- ����� 0 ❑ � Carolann Swartz, Chair ATTEST: � � � Cindy Ca er, Vice air C � Clerlc of t �B d - -----.__.. r' -_ � � � Richard Stevens,�Member Gratit County , Board of County Commissioners Resolution Adopting Amendments for the Year 2014 To the Grant County Compreliensive Plan 3 ATTACHMENT 66A" GRANT COUNTY COMPREHENSIVE PLAN AMENDMENT 2014 FINDINGS OF FACT Section I—General Findings 1.1 Grant County has experienced and will continue to experience population growth and accompanying development, resulting in competing demands for public facilities, services and land uses, and is required to prepare and adopt amendments to the Comprehensive Plan and land use regulations pursuant to the Growth Management Act. 1.2 Growth Management requires that land be managed properly and wisely. Otherwise meeting the demands of a rapidly growing county population is likely to cause urban and suburban sprawl, commercial strip development, development at inappropriate locations and densities, damage to environmentally sensitive areas, and the loss of natural resource lands, rural character, open space, and critical areas. Also, this pattern of development is likely to create demands for urban services and utilities that are insufficient to support their extension in a cost-effective manner. 1.3 The 2014 Comprehensive Plan amendment process responds to the environmental concerns raised during the public hearing process, whole protecting property owners from unconstitutional takings and substantive due process violations. 1.4 RCW 36.70A.020 sets for a list of 13 goals "to guide the development and adoption of comprehensive plans and development regulations." In the amendment public hearing process, and these findings of fact, the Planning Commission and Board of County Commissioners considered the 13 Growth Management Goals, weighed them as they apply to the subject matter of these findings, and has attempted to achieve a reasoned balance among them. Section 2 - Public Participation 2.1 Petitions received by the Planning Department were reviewed by the Board of , County Commissioners, and the Board directed the Planning Department to proceed with further review of the petitions and to prepare environmental documentation consistent with the requirements of RCW 43.21C and Grant County Code Chapter 24,04 (SEPA). 2.2 In accordance with Grant County Code Chapter 25.12 — Legislative Actions, the Planning Commission held public hearings on July 2, 2014 at which time testimony was talcen from interested agencies, organizations, and individual citizens, regarding Attachment"A" ' Grant County Compcehensive Plan I Amendment 2014 General Findings of Fact � the proposed amendments and zone changes. A second meeting was held on August 6, 2014 after the application submitted by Live Nation and Martin Hanson was continued. 2.3 Board of County Commissioners and Planning Commission meetings, hearings, and study sessions requiring "legal notice" were advertised in the local paper of record pursuant to the requirements of RCW 36.70 and the Grant County Unified Development Code. Copies of the proposed amendments, and 2014 Addendum to the Environmental Impact Statement were broadly disseminated for public and agency review at no charge. All meetings and hearings to which the public was invited were conducted in an open forum. At hearings, all persons desiring to spealc were given an opportunity to do so. Public testimony and written correspondence were given full consideration as part of the amendment process. 2.4 The existing enhanced public participation policies within Grant County ensure that the public had an opportunity to provide meaningful comments on the proposed amendments. 2.5 The appeal mechanisms contained within Grant County ordinances provide sufficient due process to allow interested parties an opportunity to respond at a meaningful time and in a meaningful manner. Section 3 —Criteria for Amendment Approval 3.1 A petition for a site-specific land use redesignation was reviewed for conformance with pertinent provisions of the Grant County Comprehensive Plan and Unified Development Code. 3.2In reviewing the amendments, the Planning Commission and Board of County Commissioners considered testimony provided at public hearings and recommendations provided by staff and interested or affected agencies with jurisdiction. The Planning Commission and Board of County Commissioners approved, approved with conditions, or rejected an application for a change of designation or density based on the following criteria: (a) The change would benefit the public health, safety, and/or welfare; (b) The change is wai�ranted because of changed circumstances or because of a need for additional property in the proposed land-use designation. , (c) The change is consistent with the criteria for land use designations specified in the Comprehensive Plan. (d) The change will not be detrimental to uses or property in the immediate vicinity of the subject property. (e) The change has merit and value for the community as a whole , (f� The change, if granted, will not result in an enclave of property owners enj oying greater privileges and opportunities than those enjoyed by other property owners Attachment°°A" Grant Coimty Comprehensive Plan I Amendmeut 2014 I General Findings of Fact in the vicinity where there is not substantive difference in the properties themselves with different designations. (g) The benefits of the change will outweigh any significant adverse impacts of the change (h) The change is consistent with the purpose and intent of the Comprehensive Plan and the requirement s of Grant County Code Titles 22, 23, 24, and 25; and (i) The change complies with all other applicable criteria and standards of GCC Chapter 25.12 Section 4—Board of County Commissioners Final Recommendations And/or Actions 4. 1 Recorded motions by the Board oF County Commissioners for each proposed amendment and Findings of Fact are listed in Attachment"B" 4.2 Recorded motions by the Board of County Commissioners for each proposed zone change and Findings of Fact are listed in Attachment"B" 4.3 Supporting Findings of Fact for each decision were identified under Section 3 as detailed above, unless otherwise noted in the record of the Board of County Commissioners. 4.4 Detailed applications along with supporting documentation and staff reports are made a part of this recommendation. Attachment"A" Grant County Comprehensive Plan Amendment 2014 General Tindings of I'act i AT'I'ACHMENT `B' FINAL ACTION AND FINDINGS OF FACT BOARD OF COUNTY COMMISSIONERS COMPREHENSIVE PLAN AND DEVELOPMENT REGULATIONS 2014 AMENDMENTS 1) 14-5909—Tyler Reffett 2) 14-5906—City of Quincy 3) 14-5908 —Nick Tommer(LBT Enterprises) 4) 14-5907—Nick Tommer(Ephrata Properties) 5) 14-5905 —Live Nation& Martin and�laine Hanson #1. FILE 11�110. 14-5909 TYLER REFFETT SITE-SPECIFIC LAND USE REDESIGNATION AND ZONE CHANGE LOCATION: The subject area is the located in the northeast corner of the intersection of M Rd. NE and Rd. 4 NE, approximately two miles east of SR 17 and just north of the City limits of Moses Lake. The properties are located in a portion of the SW 1/a of Section 8, Township 19 North, Range 29 East, W.M, Grant County, WA. Parcel#18-0174-000. �TAFF ANALYSIS: The applicant has submitted a request for a site-specific land use re-designation consisting of an approximately 60 acre portion of a parcel. The portion of the property involved in this application is currently used for agricultural purposes as is the approximately 30 acres already designated Rural Residential2 and zoned Rural Residential3. The parcel involved in this application is not part of a Farm Unit. The soil type for the property for which the re-designation is proposed according to the Soil Survey of Grant County Washington is listed as Scoon Silt Loam, 0 to 5 percent slopes. The limitations of this soil type, when used for irrigated crops, are the hazards of water erosion and soil blowing and the low available water capacity. This soil type is not listed as being considered "Prime Farmland." The applicant has stated in the application that the property has a shallow depth to Caliche, which malces cultivation of the property difficult, and that intense soil therapy is needed. Also the applicant has stated that the soil conditions limit the type of crops that can be successfully grown. PLANNING COMMISSIO1oT RECOMMENDATION FOR COMPREI3ENSIVE PLAN RE-DESIGNATION: The Planning Commission conducted an open record hearing for this application on July 2, 2014. At their hearing the Commission voted to recommend approval of Site Specific re-designation from Irrigated, Agriculture to Rural Residential2. Attachment"B" Decisions and Findings of Fact Board of County Commissioners 2014 Comprehensive Plan Amendments and Zone Changes 1 DECISION: The Board of County Commissioners voted unanimously to uphold the recommendation of the Planning Commission and approve the following request for a Site Speci�c Land Use Re-designation: 1) The re-designation of approximately 60 acres(Portion of Parcel 18-0174-000)to Rural Residentaal 2. The Board of County Commissioners established the following Findings of Fact: 1) The change would benefit the public health, safety, and or welfare; 2) The change is warranted because of changed circumstances or because of a need for additional property in the proposed land use designation. 3) The change is consistent with the criteria for land use designations specified in the Comprehensive Plan. 4) The change will not be detrimental to uses or property in the immediate vicinity of the subject property. 5) The change does have merit for the community as a whole. � 6) The change, if granted, wzld not result in a group of property owners enjoying greater privileges and opportunities than those enjoyed by other property owners in the vicinity where there is not substantive difference in the properties themselves which justify different designations. 7) The benefits of the change widd outweigh any significant adverse impacts of the change. 8) The change is consistent with the purpose and intent of the Comprehensive Plan and the requirements of GCC 22, 23, 24 and 25. 9) The change cloes comply with all other applicable criteria and standards of Chapter 25.12 UDC. ZONE CHA101GE PLA1�11NIli�G COMMISSION SUMMARY AND RECOMMENDATION The Planning Commission conducted an open record hearing for this application on July 2, 2014. The Planning Commission made a recommendation to approve the proposed zone change from Agriculture to Rural Residential3. DECISION: The Board of County Commissioners voted unanimously to uphold the recommendation of the Planning Commission and approve the following re-zone: 1) A zone change of approximately 60 acres (Parcel#18-0174-000) to Rural Residential3. The Board of County Commissioners established the following rindings of Fact: 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 dis�rict; 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 tlo exist to wat7ant an amendment to the current zoning district; Attachment"B" Decisions and P'indings of P'act Board of County Commissioners 201�4 Comprehensive Plan Amendments and Zone Changes 2 6) A public need does exist for the proposed rezone. Public need sha11 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 lilce 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). #2. File No. 14-5906 ' CITY OF QUINCY � SITE SPECIFIC LAND USE REDESIGNATION AND URBAN GROWTH BOUNDARY CHANGE LOCATION: Four parcels located immediately northwest of Quincy on Rd. R NW. The site is located in a portion of S. 12, T. 20 N, R. 23 E and S. 7, T. 20 N, R. 24 E, W.M., Grant County, WA. (Parcel #s 20-0841-001, 20-0841-002, 20-0843-000 (north portion), & 31-2627-000) STAFF ANALYSI�: The City of Quincy has submitted an application to expand the Urban Growth area for the City of Quincy and re-designate approximately 114.19 acres of land to Industrial (Urban). The four properties for which the re-designation is currently proposed are designated as Irrigated Agriculture. A portion of parcel 20-0843-000 is currently designated as Industrial and within the UGA of Quincy, approval of this proposal would bring the entire parcel into the UGA. According to the Soil Survey of Grant County, the soil of the properties listed in this application for re-designation consist of Warden Silt Loam, 0 to 2 percent slopes, which is listed as Prime Farmland. The properties included in this application are located within Farm Units and appear to receive irrigation water from the Quincy Columbia Basin Irrigation District(I believe with the exception of parcels 20-0841-001 and 20-0841-002 as they are not used for agricultural production). Based on GIS analysis, staff has determined that within the Urban Growth Area of Quincy there are approximately 779 acres (consisting of many different parcels) designated as Industrial (Urban). Of the 779 acres designated as Industrial, only 23 acres are located on the West side of ' Quincy, the remainder of the Industrial designated properties are located on the east end of the City. As the applicant has discussed in the application there is a need for infrastructure, specifically a Water Re-Use I'acility, to serve the existing and proposed future development in the area. The City currently has a 2015 deadline to stop discharging wastewater into Bureau of Reclamation facilities. Construction of this water treatment facility would ultimately serve the Attachment"B" Decisions and Findings of Fact Board of County Commissioners ' 2014 Comprehensive Plan Amendrnents and Zone Changes 3 public's interest and benefit the health and welfare of the community by re-using existing wastewater and preventing it from being discharged into Bureau facilities. The applicant has outlined in the application materials that parce120-0843-000 currently has a purchaser in place who would like to annex the property into the City of Quincy, however only a portion of the property is cunently within the UGA of Quincy and would therefore eligible for annexation. That is why the noi�th poi�tion of parce120-0843-000 has been included in this application. The above analysis of industriallands within the UGA shows that there is a need for additional industrial lands in order to facilitate the construction of a water treatment facility to serve the existing industrial development on the west side of Quincy (parcels 20-0841-001 and 20-0841- 002). However, it does not appear that there is an immediate need for additional large tracts of industrial land at this time, as there is a signi�cant amount of property already designated Industrial within Quincy's UGA. PLANNING COMMISSION RECOMMENDATIOl�T FOR COMPREHENSIVE PLAN RE-DESIGNATION: The Planning Commission conducted an open record public hearing for this application on July2, 2014. At their hearing the Commission voted to recommend approval of this land use re- designation application from Irrigated Agriculture to Industrial, Urban as well as inclusion of the parcels into the Urban Growth Area for Quincy. DEC'ISION: The Board of County Commissioners voted unanimously to uphold the recommendation of the Planning Commission and approve the following request for a Site Specific Land Use Re- designation: 1) Re-designate approximately 114 acres (Parcel#s 20-0841-001,20-0841-002, 20- 0843-000 (north portion), & 31-2627-000) from Irrigated,Agriculture to Industrial, Urban. The Board of County Commissioners established the following Findings of Fact: 1) The change woul�l benefit the public health, safety, and or welfare; 2) The change is warranted because of changed circumstances or because of a need for additional property in the proposed land use designation. 3) The change is consistent with the criteria for land use designations specified in the Comprehensive Plan. 4) The change will not be detrimental to uses or propei�ty in the immediate vicinity of the subject proparty. ' S) The change �loes have merit for the community as a whole. 6) The change, if granted, will not res�lt in a group of property owners enjoying greater privileges and opportunities than those enjoyed by other property owners in the vicinity where there is not substantive difference in the properties themselves which justify different designations. 7) The benefits of the change will outweigh any significant adverse impacts of the change. Attachment"B" Decisions and Findings of Fact ' Board of County Commissioners � 2014 Comprehensive Plan Arnendments and Zone Changes 4 ' 8) The change is consistent with the purpose and intent of the Comprehensive Plan and the requirements of GCC 22, 23, 24 and 25. 9) The change does comply with all other applicable criteria and standards of Chapter 25.12 UDC. #3. FILE NO. 14-5908 NICK TOMMER (LBT ENTERPRISES) SITE SPECIFIC LAND USE REDESIGNATION AND ZONE CHANGE LOCATION: The subject property is located one mile north of the intersection of Rd. M NW and Rd. 13 NW. Located in a portion of the W 1/2 of S. 24, T. 21 N, R. 24 E, W.M., Grant County, WA. (Parcel #15-1217-000) STAFF ANALYSIS: The applicant has submitted a request for a site-specific land use re-designation consisting of a portion of one parcel. The proposed change is from Residential—Medium Density to Commercial. The parcel currently has a mini-storage facility on-site. The parcel is bordered on the west by the City Limits of Moses Lake, the north and east is bordered by Urban Residential zoning and to the south is Urban Commercial2. This parcel is currently used as commercial property; the mini-storage facility has been at this site since 1997. The site specific land use re-designation that the applicant has proposed would make the designation consistent with the existing ongoing land use. As the property is currently being utilized for a commercial use, and is adj acent to propei�ty zoned and utilized for commercial uses (property to the south) it is unlikely that the property would ever be redeveloped for residential purposes. PLANNING COMMISSION RECOMMENDATION FOR COMPREHENSIVE PLAN RE-DESIGNATION: The Planning Commission conducted an open record hearing for this application on July 2, 2014. At their hearing the Commission voted to recommend approval of this re-designation from Agriculture, Dryland to Rural Remote. DECISION: The Board of County Commissioners voted unanimously to uphold the recommendation of the ' Planning Commission and approve the following request for a Site Specific Land Use Re- designation: 1) Re-designate approximately 160 acres (Parcel #15-1217-000) from Dryland, Agriculture to Rural Remote. The Board of County Commissioners established the following Findings of Fact: 1) The change would benefit the public health, safety, and or welfare; Attachment"B" Decisions and Findings of Fact Board of County Commissioners 2014 Comprehensive Plan Amendments and Zone Changes 5 2) The change is warranted because of changed circumstances or because of a need for additional property in the proposed land use designation. 3) The change is consistent with the criteria for land use designations specified in the Comprehensive Plan. 4) The change wzlC not be detrimental to uses or property in the immediate vicinity of the subj ect property. 5) The change tloes have merit for the community as a whole. 6) The change, if granted, will not result in a group of property owners enjoying greater privileges and opportunities than those enjoyed by other property owners in the vicinity where there is not substantive difference in the properties themselves which justify different designations. 7) The benefits of the change will outweigh any significant adverse impacts of the change. 8) The change is consistent with the purpose and intent of the Comprehensive Plan and the requirements of GCC 22, 23, 24 and 25. 9) The change does comply with all other applicable criteria and standards of Chapter 25.12 UDC. ZONE CHANGE PLANl�TING COMMISSION SUMMARY AND RECOMMENDATION: The Planning Commission conducted an open record hearing for this application on July 2, 2014. The Planning Commission made a recommendation to approve the proposed zone change from Agriculture to Rural Remote. DECISION: The Board of County Commissioners voted unanimously to uphold the recommendation of the Planning Commission and approve the following re-zone: 1) A Re-zone of approximately 160 acres (Parcel#15-1217-000) from Agriculture to Rural Remote. The Board of County Commissioners established the following Findings of Fact: 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 tha 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 seived 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 irnpact of additional requests for lilce 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; Attachment"B" Decisions and P'indings of Fact Board of County Commissioners 2014 Comprehensive Plan Amendments and Zone Changes 6 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). #4. FILE NO. 14-5907 NICK TOMMER(EPHRATA PROPERTIES) SITE SPECIFIC LAND USE REDESIGNATION AND ZONE CHANGE LOCATION: The subject property is located between SR 28 and Rd. E NW(on the west side of SR 28) approximately one mile south of the City of Ephrata. Located in the W 1/� of S. 5, T. 20 N, R. 26 E, W.M., Grant County, WA. (Parcel #16-0581-002) STAFF ANALYSIS: The applicant has submitted a request for a site-specific land use re-designation for a 120 acre parcel. The property involved in the application is currently vacant and does not appear to have contained any development in the recent past(based on Google Earth aerial images dating bacic to 1996). The property is cui�rently designated as Rural Residential l. The applicant has stated that the Rural Remote designation is more appropriate for the site as it would greatly reduce the potential residential density in the area compared to the Rural Residential 1 designation. A Rural Remote designation would allow a maximum six dwelling units (one dwelling per 20 acres) while the current land use designation and zoning would allow 24 dwelling units. The applicant has also stated in the application that water is not available to develop the property to the standards allowed under the Rural Residential designation and that access to the property is problematic as it fronts a major highway but does not have highway access. In addition Road E NW is currently not constructed to support residential development of the property. The public comments received appear to primarily be concerned with: increase in traffic, noise, lower property values, and incompatible uses. These are all issues that will be addressed if and when a project action is proposed. The change of the land use designation and zoning in and of itself will not increase the traffic or noise level in the vicinity, nor will it decrease property values. Also any uses that are allowed in the Rural Remote land use designation/zoning will not create any disturbance to adjacent properties that cannot be mitigated through conditions of approval at the time a project application is approved. PLANNING COMMISSION RECOMMENDATION FOR COMPREHENSIVE PLAN RE-DESIGNATION: The Planning Commission conducted an open record public hearing for this application on July 2, 2014. At their hearing the Commission voted to recommend approval of this land use re- designation application from Rural Residential 1 to Rural Remote. Attachment"B" Decisions and Findings of Fact Board of County Commissioners 2014 Comprehensive Plan Amendments and Zone Changes 7 DECISION: The Board of County Commissioners voted unanimously to uphold the recommendation of the Planning Commission and approve the following request for a Site Specific Land Use Re- designation: 1) Re-designate approximately 120 acres (Parcel#16-0581-002) from Rural Residential 1 to Rural Remote. The Board of County Commissioners established the following Findings of Fact: 1) The change would benefit the public health, safety, and or welfare; 2) The change is warranted because of changed circumstances or because of a need for additional property in the proposed land use designation. 3) The change is consistent with the criteria for land use designations specified in the Comprehensive Plan. 4) The change will not be detrimental to uses or property in the immediate vicinity of the subj ect property. 5) The change does have merit for the community as a whole. 6) The change, if granted, will not result in a group of property owners enjoying greater privileges and opportunities than those enjoyed by other property owners in the vicinity where there is not substantive difference in the properties themselvas which justify different designations. 7) The benefits of the change will outweigh any significant adverse impacts of the cha,nge. 8) The change is consistent with the purpose and intent of the Comprehensive Plan and the requirements of GCC 22, 23, 24 and 25. 9) The change does comply with all other applicable criteria and standards of Chapter 25.12 UDC. ZONE CHANGE PLANNING COMMISSION SUll�IMARY AND RECOMMENDATTON: The Planning Commission conducted an open record hearing for this application on July 2, 2014. The Planning Commission made a recommendation to approve the proposed zone change from Rural Residential 1 to Rural Remote. DECISION: The Board of County Commissioners voted unanimously to uphold the recommendation of the Planning Commission and approve the following re-zone: 1) A Re-zone of approximately 120 acres (Parcel#16-0581-002) from Raral Residential 1 to Rural Remote. The Board of County Cornmissioners established the following Findings of Fact: 1) The proposed rezone widl not be con�rary to the intent or purposes and regulations of the Crrant 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�rr�e compatible with neighboring land uses; 4) The proposed rezone c�n be served by adequate facilities including access, fire protection, water, storm-water control, and sewage disposal facilities; Attachment"B" Decisions and Findings of Fact Board of County Commissioners 2014 Comprehensive Plan Amendments and Zone Changes 8 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 pui�pose, for which the cornprehensive plan and this chapter have been adopted, is served by the proposed rezone. ' 7) The proposed rezone wzll 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 lilce 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)Tha proposed zoning district�loes 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). � #So FILE NO. 14-5905 LIVE NATION & MAlaTIN HANS01�1 SITE SPECIFIC LAND USE REDESIGNATION AND ZONE CHANGE ; LOCATION: The subject property is located at the Gorge Amphitheater, which is located at the intersection of Silica Rd NW and Rd. 1 NW in a portion of Sections 29, 30, & 31, Township 19 N, Range 23 E, W.M., Grant County, WA. (Parcel #s 20-1525-004, 15-0572-001, 15-0571-001, 20-1525-001, ; 20-1525-002, 15-0571-000, 20-1524-000, 15-0560-003, 15-0569-001, 15-0569-000, 15-0571- 000, 20-1524-001, 20-1524-002, 20-1523-001, 20-1524-003, 31-2174-000, 31-2174-001) ' STAFF AloTALYSTS: The applicant has submitted a request for a site-specific land use re-designation for approximately 415 acres consisting of multiple parcels. The property involved in the application is currently developed as the Gorge Amphitheater and Campground and has been developed as such over the course of the past 30 years. The property is currently designated as Recreation Development and has zoning designation of Recreation Development. There are approximately 45 acres currently designated Inigated and zoned Agriculture that are also part of this application; approximately 30 of these acres are used for Agricultural purposes (irrigation circle). The applicant has stated the portion of property currently used for Agricultural purposes will continue to be used as such when the venue is not being utilized for concerts/camping, eta The soils for the parcels currently zoned and designated Inigated Agriculture (Malaga gravelly sandy loam, Malaga stony sandy loam) are not considered to be "Prime Farmland" as defined by the Soil Survey of Grant County. The Gorge has developed over the past 30 years by multiple owners. The development and permitting process for the Gorge Amphitheater and Campground Area has primarily been a piecemeal approach, with new land use and development permit applications coming in to ' address a new concept or direction or amenity at the facility. These individual requests have resulted in a long series of permit approvals that are sometimes tied to one another and other times `standalone' permit which make the administration of the conditions of approval for the Attachment"B" Decisions and I'indings of Fact Board of County Commissioners 2014 Comprehensive Plan Amendments and Zone Changes 9 Gorge difficult to manage. �stablishing a MPR for this facility would provide a consolidated `sub area plan' for a facility that when filled to capacity is more populous than any city or town in Grant County. A venue as significant as the Gorge Amphitheater demands a planning process that seelcs to account for the development and its impacts as a whole rather than reducing it into a series of individual components. PLANNING COMMISSION RECOMMENDATION FOR COMPREHENSIVE PLAN RE-DESIGNATION: The Planning Commission conducted an open record public hearing for this application on July 2, 2014. The proposal was then continued until August 6, 2014. At the August meeting the Commission voted to recommend approval of this land use re-designation application from Recreation Development and Irrigated, Agriculture to Master Plan Resort. DECISION: The Board of County Commissioners voted unanimously to uphold the recommendation of the Planning Commission and approve the following request for a Site Specific Land Use Re- designation: 1) Re-designate approximately 415 acres (Parcel#s 20-1525-004, 15-0572-001, 15-0571- 001,20-1525-001, 20-1525-002, 15-OS71-000,20-1524�000, 15-0560-003, 15-0569-001, 15-0569-000, 15-0571-000,20-1524-001,20-1524-002,20-1523-001, 20-1524-OU3,31- 2174-000, 31-2174-001) from Irrigated,Agriculture and Recreation Developm.ea�t to M�ster Plan Resort. The Board of County Commissioners established the following Findings of Fact: 1) The change woudd benefit the public health, safety, and or welfare; 2) The change is warranted because of changed circumstances or because of a need for additional property in the proposed land use designation. 3) The change is consistent with the criteria for land use designations specified in the Comprehensive Plan. 4) The change will not be detrimental to uses or property in the immediate vicinity of the subj ect property. 5) The change�does have merit for the community as a whole. 6) The change, if granted, will not result in a group of property owners enjoying greater privileges and opportunities than those enjoyed by other property owners in the vicinity where there is not substantive difference in the properties themselves which justify different designations. 7) The benefits of the change will outweigh any significant adverse impacts of the change. 8) The change is� consistent with the purpose and intent of the Comprehensive Plan and the , requirements of GCC 22, 23, 24 and 25. 9) The change does comply with all other applicable criteria and standards of Chapter 25.12 UDC. 10)The Master Plan does meet the requirements of GCC 25.12.070 and GCC 23.12.220. 11)The MPR is consistent with the goals and policies of the Comprehensive Plan, the requirements of the Shoreline Master Program, GCC 24.08, and complies with all other application sections of the UDC and all other codes and policies of Grant County. �� Attachment"B" Decisions and Findings of Fact Board of County Commissioneis , 2014 Comprehensive Plan Amendments and Zone Changes 10 12)The MPR is designed to blend with the natural setting and does not block scenic views from adj acent properties. 13)Off-site and on-site impacts to roads, other public facilities, and the natural environment are mitigated at the time of development. 14)If an MPR will be phased, each phase cont�ins adequate infrastructure, open space, recreation facilities, landscaping, and all other conditions of the MPR sufficient to stand alone if no subsequent phases are developed. 15)The MPR will provide active recreational uses such as boating, pools, and playing fields, and sufficient services such as transportation access, police, fire, and social and health services,to adequately meet the needs of the guests and residents of the MPR. 16)The MPR wiCl contain within the development all necessary supportive and accessory on-site urban level commercial and other services; and such services shall be oriented to serve the MPR. 17)Environmental considerations are employed in the design, placement, and screening of facilities and amenities so that all uses within the MPR are harmonious with each other, and in order to incorporate and retain, as much as feasible, the preservation of natural features, public views, and historic and other important features. 18)Improvements and activities are located and designed in such a manner as to avoid or minimize adverse effects of the MPR on surrounding lands and property. 19)The Master Plan does establish location specific standards to retain and enhance the character o�the resort. CONDITIONS OF APPROVAL: The Board of County Commissioners established the following conditions of approval; 1) This master plan resort approval shall in no way detarmine the number of attendees allowed at concert and festival concert events. The Concert Management Agreement shall govern the attendance limitations at this facility. 2) Approval of this Master Plan Resoi�t does not void and Conditions of Approval for previous land use decisions including, but not limited to: Conditional Use Permits. All previous Conditions of Approval still apply. These pre-existing conditions shall be consolidated into the Planned Unit Development approval, and revised/modified as necessary through that process. ZONE CHANGE PLANNING COMMISSION SUMMARY AND RECOMll�IENDATION: The Planning Commission conducted an open record hearing for this application on July 2, 2014, the proposal was then continued until August 6, 2014 meeting. At the August meeting the Planning Commission made a recommendation to approve the proposed zone change from Recreation Development and Agriculture to Master Plan Resort. DECISION: The Board of County Commissioners voted unanimously to uphold the recommendation of the Planning Commission and approve the following re-zone: Attachment"B" Decisions and Findings of P'act Board of County Commissioners 2014 Comprehensive Plan Amendments and Zone Changes 11 1) A Re-zone of approximately 415 acres(Parcel#s 20-1525-004, 15-0572-001, 15-0571- 001,20-1525-001, 20-1525-002, 15-0571-000,20-1524-000, 15-0560-003, 15-0569- 001, 15-0569-000, 15-0571-000, 20-1524-001,20-1524-002,20-1523-001, 20-1524- 003,31-2174-000,31-2174-001) from Agriculture and Recreation Development to Master Plan Resort. The Board of County Commissioners established the following Findings of Fact: 1) The proposed rezone wiCl 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 dis�rict; 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 aiiport or airfield (RCW 36.70). Attachment"B" Decisions and Findings of Fact Board of County Commissioners 2014 Comprehensive Plan Amendments and Zone Changes 12