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HomeMy WebLinkAboutResolution 20-079-CCBOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON RESOLUTION NO. 0?0 — 0% 9 – n 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 2020 Comprehensive Plan, associated Zone Changes and Unified Development Code Amendment. 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 2018 and; WHEREAS, on June 4, 2020 Grant County issued a SEPA Determination of Non - Significance (DNS) for these non -project proposals; 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 articulated 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 County Commissioners Grant County Comprehensive Plan Amendment Resolution for the Year 2020 1 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 April 28, 2020 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 August 5 and August 6, 2020, to hear staff recommendations and take public testimony on each of the proposed amendments to the Grant County Comprehensive Plan and proposed Zone Changes; making recommendations and listing Findings of Fact on each amendment and zone change, and; WHEREAS, 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 WHEREAS, a non -project proposal to consider adoption of amendments to the Comprehensive Plan, including site-specific land use designation changes, changes to various Urban Growth Areas were considered, as well as associated Zone Changes, and; WHEREAS, copies of the SEPA DNS 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; Grant County Board of County Commissioners Grant County Comprehensive Plan Amendment Resolution for the Year 2020 2 WHEREAS, a copy of the amended Unified Development Code text can be found in Attachment `C'; (PG -n �(� ( rcN u , �l i s ru k#,: c4e-,w,,*- WHEREAS, the Board of County Commissioners conducted an open -record public hearing on Monday, September 21, 2020 to consider the 2020 requests for amendments to the Grant County Comprehensive Plan, and the recommendation from the Planning Commission for each of the proposed amendments and their respective zone changes (if applicable); 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 or denial of the 2020 Comprehensive Plan amendments and Zone Changes; and BE 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 by its membership and attested to by its Clerk in authorization of such passage this day of do 2020. sr DATED this 6:?/ day of , 2020. BOARD OF CO NTY COMMISSIONE S Yea Nay Ab GRANT COUT T , / SHI TO �5 ❑ ❑ Cindy er, air ATTEST: ❑ ❑ Tom Taylor, Member Q11l� Clerk of otr ❑ ❑ ".4 Richard Stevens, Member Grant County Board of County Commissioners Grant County Comprehensive Plan Amendment Resolution for the Year 2020 3 ATTACHMENT "A" GRANT COUNTY COMPREHENSIVE PLAN AMENDMENTS 2020 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 2020 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 43.21 C 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 August 5 and 6, 2020 at which time testimony was taken from interested agencies, organizations, and individual citizens, regarding the proposed amendments and zone changes. Attachment "A" Grant County Comprehensive Plan Amendment 2020 General Findings of Fact 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 amendment applications 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 speak 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. 3.2 In 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 warranted 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 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 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 Attachment "A" Grant County Comprehensive Plan Amendment 2020 General Findings of Fact (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 comprehensive plan 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 2020 General Findings of Fact ATTACHMENT `B' FINAL ACTION AND FINDINGS OF FACT BOARD OF COUNTY COMMISSIONERS COMPREHENSIVE PLAN AND DEVELOPMENT REGULATIONS 2020 AMENDMENTS 1) P20-0123 — Central Terminals LLC 2) P20-0118 — Royal City Solar 3) P20-0125 — Tommer Construction 4) P20-0116 — Alejandra Ramirez 5) P20-0028 — Tim and Donna Maricich 6) P20-0085 — Pamela and Wyman Duggan 7) P20-0108 — Live Nation 8) P20-0110 — Kissler Enterprises #1. FILE NO. P 20-0123 CENTRAL TERMINALS LLC SITE-SPECIFIC LAND USE REDESIGNATION OF A MINERAL RESOURCE OVERLAY LOCATION: The proposal site is located on Mae Valley Road (north side) just east of Hiawatha Rd. NE adjacent to the existing Hiawatha gravel pit. The site is located the south 'h of S. 21, T. 19 N, R. 27 E, W.M., Grant County, WA (Parcel #s 21-1312-000 & 21-1308-000). LAND USE RE -DESIGNATION 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 Mineral Resource Overlay designation: 1) The designation of approximately 190.16 acres with a mineral resource overlay (Parcel #20-1542-000). 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. Attachment "B" Decisions and Findings of Fact Board of County Commissioners 2020 Comprehensive Plan Amendments and Zone Changes 1 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 applicant has demonstrated that the site has a known or potential extractable resource in commercial quantities. 11) The site is not located within the boundaries of an Urban Growth Area or Limited Area of More Intense Rural Development. 12) The site is not located within the boundaries of a wetland buffer or fish and wildlife conservation area. 13) The site is not located on a publicly owned land within the designated boundary of an Open Space Conservation zoning district. #2. FILE NO. P 20-0118 ROYAL CITY SOLAR SITE SPECIFIC LAND USE REDESIGNATION AND ZONE CHANGE LOCATION: The proposal site is located SE of Royal City. The site is located in Section 21, 22, and 23, Township 16 North, Range 26 East, W.M., Grant County, WA. Parcel #s 16-0140-000, 16- 0142-000,16-0143-000 & 16-0144-000. LAND USE RE -DESIGNATION: 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 1539.9 acres (Parcel #s 16-0140-000, 16-0142-000, 16- 0143-000 & 16-0144-000) from Rural Remote to Rural Resource. 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. Attachment `B" Decisions and Findings of Fact Board of County Commissioners 2020 Comprehensive Plan Amendments and Zone Changes 2 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, 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 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 1539.90 acres (Parcel #s 16-0140-000, 16-0142-000, 16-0143-000 & 16-0144-000) from Rural Remote to Rural Resource. 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 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). Attachment "B" Decisions and Findings of Fact Board of County Commissioners 2020 Comprehensive Plan Amendments and Zone Changes 3 #3. FILE NO. P 20-0125 TOMMER CONSTRUCTION SITE SPECIFIC LAND USE REDESIGNATION OF A MINERAL RESOURCE OVERLAY LOCATION: The proposal site is located east of Rd. S SE just south of the town of Warden. The site is located the E % of S. 20, T. 17 N, R. 30 E, W.M., Grant County, WA (Parcel #18-1077-000). LAND USE RE -DESIGNATION 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) To designate approximately 44.5 acres (Parcel #18-1077-000) with a Mineral Resource Overlay. 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, 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 applicant has demonstrated that the site has a known or potential extractable resource in commercial quantities. 11) The site is located within the boundaries of an Urban Growth Area or Limited Area of More Intense Rural Development. 12) The site is not located within the boundaries of a wetland buffer or fish and wildlife conservation area. 13) The site is not located on a publicly owned land within the designated boundary Open Space Conservation zoning district. Attachment `B" Decisions and Findings of Fact Board of County Commissioners 2020 Comprehensive Plan Amendments and Zone Changes 4 #4. File No. P 20-0116 ALEJANDRA RAMIREZ SITE SPECIFIC LAND USE REDESIGNATION AND ZONE CHANGE LOCATION: The proposal site is located on the north side of SR 243 S, approximately five (5) miles west of the Vernita Bridge. The site is located in the NE '/ of Section 8, Township 13 North, Range 24 East, W.M., Grant County, WA. Parcel #15-0772-000. LAND USE RE -DESIGNATION 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 46.17 acres (Parcel #15-0772-000) from 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; 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, 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 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 46.17 acres (Parcel #15-0772-000) from Agriculture to Rural Remote. Attachment `B" Decisions and Findings of Fact Board of County Commissioners 2020 Comprehensive Plan Amendments and Zone Changes 5 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 not 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). #5. File No. P 20-0028 TIM AND DONNA MARICICH SITE SPECIFIC LAND USE REDESIGNATION AND ZONE CHANGE LOCATION: The proposal site is located in the NW corner of Westshore Drive NE and Melby Way NE in the development known as Moses Pointe. The site is in a portion of the northwest '/ of S. 7, T. 19 N, R. 28 E., W.M., Grant County, WA (Parcel #12-0683-304). LAND USE RE -DESIGNATION 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 0.89 acres (Parcel #12-0683-304) from Residential, Low Density to Residential, High Density. 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. Attachment `B" Decisions and Findings of Fact Board of County Commissioners 2020 Comprehensive Plan Amendments and Zone Changes 6 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, 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 not 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 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 0.89 (Parcel #12-0683-304) acres from Urban Residential 2 to Urban Residential 4. 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 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). Attachment `B" Decisions and Findings of Fact Board of County Commissioners 2020 Comprehensive Plan Amendments and Zone Changes 7 #6. File No. P 20-0085 PAMELA AND WYMAN DUGGAN SITE SPECIFIC LAND USE REDESIGNATION AND ZONE CHANGE LOCATION: The proposal site is located at 17845 Rd. 3 NW. The site is located in northwest '/ of S. 19, T. 19 N, R. 24 E., W.M., Grant County, WA (Parcel #20-1333-000). LAND USE RE -DESIGNATION 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 67 acres (Parcel #s 20-1333-000) from 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; 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, 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 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 67 acres (Parcel #s 20-1333-000) from Agriculture to Rural Remote. Attachment `B" Decisions and Findings of Fact Board of County Commissioners 2020 Comprehensive Plan Amendments and Zone Changes 8 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 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). Attachment "B" Decisions and Findings of Fact Board of County Commissioners 2020 Comprehensive Plan Amendments and Zone Changes 9 #7. File No. P 20-0108 LIVE NATION SITE SPECIFIC LAND USE REDESIGNATION AND ZONE CHANGE LOCATION: The proposal site is located on the west side of Silica Rd. NW just south of Rd. 1 NW in a portion of the NE `/ of S. 31, T. 19 N, R. 23 E, W.M., Grant County, WA (Parcel #31-3779- 000). LAND USE RE -DESIGNATION 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 21.94 acres (Parcel #31-3779-000) from Recreation Development to Master Plan Resort. 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, 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 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 21.94 acres (Parcel #31-3779-000) from Recreation Development to Master Plan Resort. Attachment "B" Decisions and Findings of Fact Board of County Commissioners 2020 Comprehensive Plan Amendments and Zone Changes 10 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 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). #8. File No. P 20-0110 KISSLER ENTERPRISES SITE SPECIFIC LAND USE REDESIGNATION OF A MINERAL RESOURCE OVERLAY LOCATION: The proposal site is located on Beverly Burke Road SW just east of the intersection with Road Q SW. The site is located approximately six miles south of the town of George, in the north %2 ofS. 8, T. 17 N, and R 24 E, W.M., Grant County, WA (Parcel #15-0965-000). LAND USE RE -DESIGNATION 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 41.3 acre portion of a parcel (Parcel #15-0965-000) with a Mineral Resource Overlay. 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 2020 Comprehensive Plan Amendments and Zone Changes I1 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, 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 applicant has demonstrated that the site has a known or potential extractable resource in commercial quantities. 11) The site is not located within the boundaries of an Urban Growth Area or Limited Area of More Intense Rural Development. 12) The site is not located within the boundaries of a wetland buffer of fish and wildlife conservation area. 13) The site is not located on a publicly owned land within the designated boundary of an Open Space Conservation zoning district. Attachment `B" Decisions and Findings of Fact Board of County Commissioners 2020 Comprehensive Plan Amendments and Zone Changes 12 T Mobile Sprint September 21, 2020 Grant County WA Attn: County Commissioner 35 C Street NW Epharta, WA 98823 Greetings Sprint Network Real Estate Partner: You've heard the news: T -Mobile and Sprint are now one. New T -Mobile will shift the Un -carrier into overdrive, and we want you to know that accelerating innovation, intensifying competition, and securing America's lead in 5G are priorities of New T -Mobile. However, Sprint Communications Company, L.P. ("Sprint"), remains a valid and active company. Further, Sprint shall remain obligated and liable for the terms and conditions of our agreement. As a valued Sprint Network Real Estate partner, please keep these things in mind: Right now, nothing is changing about your working relationship with us. Your business contacts will remain the same and we will continue to work with you on projects, deliverables, invoicing and payment. Do not change anything about how you conduct business with us until you receive specific notice from our Leasing team. We can continue to be contacted for non -official inquiries regarding your Sprint agreement via the following methods: • Via email: ROWRenewals@t-mobile.com • Via mail: Sprint Real Estate, Attn: Wireline Real Estate Manager Mailstop KSOPHD0101-Z2040, 6220 Sprint Parkway, Overland Park, KS 66251-2040 2. There has been no change to Sprint's payments and invoicing address. You should continue to send invoices and other rent related billings and reconciliations to the address per the agreement or to sreleaseadministration@t-mobile.com. Rental and other payments will continue to be processed as they are today. If there is a transition in the future, additional communication will be provided. CID: 410 The parties under the agreement have not changed. Sprint will continue to remain the current responsible entity. Sprint's insurance policies for Commercial General Liability, Workers' Compensation and Automobile Liability will remain intact. Property Insurance for Sprint will fold into T -Mobile's program. T Mobile Sprint We are excited about the future and the role you will play to help us deliver on our promises. We won't stop. 000uft-d by: [aw� WAV �8C3AA10E 9A<30.. David Walker VP, National Engineering Operations For more information about New T -Mobile visit www.T-Mobile.com. CID: 410 T Mobile Sprint FA 1. Has the entity in the agreement changed? No. The current entity still exists and has not changed. 2. Has the notice address changed? Yes, the legal notice address is changing. NOTICE OF CHANGE OF LEGAL NOTICE ADDRESS: Effective immediately, the legal notice address under the agreement (to which correspondence and notices should be addressed) is as follows. Please update your records accordingly. Sprint Communications Company, L.P. c/o T -Mobile Attn: Managing Attorney, Real Estate 12920 SE 38th Street Bellevue, Washington 98006 3. What documentation is available regarding the acquisition? The New T -Mobile acquisition documents are confidential and cannot be released. Please refer to the FCC website hftps�//­www.fcc.gov/transaction/t-mobile-sprint 4. I'm no longer the properly owner under the Lease/Agreement/Contract. How do I communicate this to the tenant? If you are no longer the property owner, please forward this letter to the current property owner and e-mail us at ROWRenewals@t-mobile.com with a copy of the property owner's notice of change of address. 5. What does New T -Mobile mean for Property Owner? There has been no change to the Sprint entity under the agreement. Such party will continue to operate and remain the party to the agreement. However, the Sprint contact information you currently use may change as indicated in this FAQ. The Sprint persons who administer your agreement, or the payment you receive from Sprint will not be affected. The purchase will not change or adversely affect your relationship with Sprint. Rent payments from Sprint will remain the same. Additional questions? If you require additional assistance, please send an email to ROWRenewals@t-mobile.com, including the property address along with any details that you can provide so we can have the appropriate individual contact you. CID: 410