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HomeMy WebLinkAboutResolution 25-004-CCBOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON RESOLUTION NO. ',077- Do4---CC, A Resolution Relating to Comprehensive Planning in Grant County in Accordance with the Washington State Growth Management Act (RCW 36.70A) and amending the Comprehensive Plan and associated 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, 1990 lst 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 September 18, 2024, 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 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 Grant County Board of County Commissioners Grant County Comprehensive Plan Amendment Resolution for the Year 2024 1 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 July 9, 2024, 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 October 2, 2024, and October 9, 2024, 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-proj ect 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; WHEREAS, the Board of County Commissioners conducted an open -record public hearing on Tuesday, November 12, 2024 to consider the 2024 requests for amendments to the Grant county comprehensive plan, and the recommendation from the Planning Commission for each Grant County Board of County Commissioners Grant County Comprehensive Plan Amendment Resolution for the Year 2024 2 of the proposed amendments and their respective zone changes (if applicable), and approved files P24-0217 — Riverstone Land Holdings LLC, P24-0219 — City of Ephrata, P24-0221 — Azad Tarikian, P24-0249 — Capstone Realty, P24-0251 — Grant County, P24-0253 — Grant County, and P24-0257 — Central Terminals, LLC, and; WHEREAS, the Board of County Commissioners remanded files P24-0247 — Royal Slope Solar, LLC and P24-0255 — Big River Vineyards, LLC back to the Planning Commission for further consideration; WHEREAS, a special public meeting was conducted by the Planning Commission on December 4, 2024, to reconsider the staff reports and application materials for both the comprehensive plan designation change requests and proposed zone changes for files P24- 0247 — Royal Slope Solar, LLC and P24-0255 — Big River Vineyards, LLC, and; WHEREAS, the Planning Commission reaffirmed their previous recommendation of approval to the Grant County Board of County Commissioners; making recommendations and listing findings of fact on each amendment and zone change, and; WHEREAS, the Board of County Commissioners conducted an open -record public hearing on Tuesday, January 7, 2025 to consider the remanded 2024 requests for amendments to the Grant County Comprehensive Plan and the recommendation from the Planning Commission for the proposed amendments and their respective zone changes, and approved files P24-0247 — Royal Slope Solar, LLC and P24-0255 — Big River Vineyards, LLC, and; 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 2024 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. Grant County Board of County Commissioners Grant County Comprehensive Plan Amendment Resolution for the Year 2024 3 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 2025. DATED this day of , 2025. BOARD OF COUNTY COMMISSIONERS Yea Nay Abstain GRANT COUNTY, WASHINGTON—,--.,) Ro e , hair ATTEST: � ❑ ❑ � Cindy Ca r, ice -Chair Clerk of the Board � ❑ ❑ /�,,,p,,,,,,,, �. �,.. Kevin Burgess ember Grant County Board of County Commissioners Grant County Comprehensive Plan Amendment Resolution for the Year 2024 4 ATTACHMENT "A" GRANT COUNTY COMPREHENSIVE PLAN AMENDMENTS 2024 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 2024 Comprehensive Plan amendment process responds to the environmental concerns raised during the public hearing process, while protecting property owners from unconstitutional takings and substantive due process violations. 1.4 RCW 3 6.70A.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 a public hearing on October 9, 2024, 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 2024 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. 3.2In reviewing the amendments, the Planning Commission considered testimony provided at public hearings and recommendations provided by staff and interested or affected agencies with jurisdiction. The Planning Commission made recommendations to the Board of County Commissioners to either approve, approve with modifications, or deny applications 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 (fl 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 2024 General Findings of Fact (i) The change complies with all other applicable criteria and standards of GCC Chapter 25.12 3.3 In reviewing the amendments, the Board of County Commissioners considered testimony provided at public hearings and recommendations provided by staff and interested or affected agencies with jurisdiction as well as the recommendations made by the Planning Commission. The Board of County Commissioners either upheld, upheld with additional conditions, modified the recommendation of approval with or without the applicant's concurrence so long as the modification did not increase the area or scope of the project, increase the density of the project or increase the adverse environmental impacts of the proposal, denied, denied with prejudice, or remanded the application for a change of designation or density back to the Planning Commission for further proceedings based on the following criteria: (a) The change would benefit 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 (fl 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 requirements 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. 3.4In reviewing the remanded amendments, the Planning Commission considered testimony provided at previous public hearings and the recommendations provided by staff and interested or affected agencies with jurisdiction. The Planning Commission reaffirmed recommendations made to the Board of County Commissioners to either approve, approve with modifications, or deny applications for a change of designation or density based on the following criteria: (a) The change would benefit 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. Attachment "A" Grant County Comprehensive Plan Amendment 2024 General Findings of Fact (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 requirements 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. 3.5In reviewing the remanded amendments, the Board of County Commissioners considered testimony provided at public hearings and recommendations provided by staff and interested or affected agencies with jurisdiction as well as the reaffirmed recommendations made by the Planning Commission. The Board of County Commissioners either upheld, upheld with additional conditions, modified the recommendation -of approval with or without the applicant's concurrence so long as the modification did not increase the area or scope of the project, increase the density of the project or increase the adverse environmental impacts of the proposal, denied, or denied with prejudice the application for a change of designation based on the following criteria: (a) The change would benefit 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 requirements 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. Attachment "A" Grant County Comprehensive Plan Amendment 2024 General Findings of Fact 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 2024 General Findings of Fact ATTACHMENT `B' FINAL ACTION AND FINDINGS OF FACT BOARD OF COUNTY COMMISSIONERS COMPREHENSIVE PLAN AND DEVELOPMENT REGULATIONS 2024 AMENDMENTS 1) P24-0247 —Royal Slope Solar, LLC 2) P24-0255 —Big River Vineyards, LLC #1. FILE NO. P 24-0247 ROYAL SLOPE SOLAR, LLC SITE SPECIFIC LAND USE REDESIGNATION AND ZONE CHANGE LOCATION: The proposal site is located 3/ of a mile SW of SR 26 W, Royal City, WA and is the SE quarter of Section 02, Township 16, Range 23, E.W.M., Grant County, WA (Parcel #15-0233-000). LAND USE RE -DESIGNATION DECISION: The Board of County Commissioners voted to uphold the recommendation of the Planning Commission and APPROVE the following request for aSite-Specific Land Use Re -designation: 1) The re -designation of approximately 160.00 acres from Resource Lands —Agriculture Irrigated to Rural Lands, Rural Resource (Parcel #15-0233-000). The Board of County Commissioners established the following Findings of Fact: 1) The change w® 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; and 9) The change do comply with all other applicable criteria and standards of Chapter 25.12 UDC. Attachment `B" Decisions and Findings of Fact Board of County Commissioners 2024 Comprehensive Plan Amendments and Zone Changes 1 ZONE CHANGE DECISION: The Board of County Commissioners voted to uphold the recommendation of the Planning Commission and APPROVE the following re -zone: 1) A zone change of approximately 160.00 acres from Agriculture (AG) to Rural Resource (RRES) (Parcel #15-0233-000). 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). #2. FILE NO. P 24-0255 BIG RIVER VINEYARDS, LLC SITE SPECIFIC LAND USE REDESIGNATION AND ZONE CHANGE LOCATION: The proposal site is located north of Rd 13 NW, between Rd M.5 NW and Adams Rd NW, Quincy, WA and is the east 1 /2 of Section 26, Township 21, Range 24, E. W.M., Grant County, WA (Parcel(s) #15-1224-000 & 15-1221-005). LAND USE RE -DESIGNATION DECISION: Attachment `B" Decisions and Findings of Fact Board of County Commissioners 2024 Comprehensive Plan Amendments and Zone Changes 2 The Board of County Commissioners voted to uphold the recommendation of the Planning Commission and APPROVE the following request for aSite-Specific Land Use Re -designation: 1) The re -designation of approximately 283.38 acres from Rural Lands, Rural Residential 1 to Resource Lands —Rural Resource (Parcel(s) #15-1224-000 & 15-1221-005). 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; and 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 to uphold the recommendation of the Planning Commission and APPROVE the following re -zone: 1) A zone change of approximately 283.38 acres from Rural Residential l (RRI) to Rural Resource (RRES) (Parcel(s) #15-1224-000 & 15-1221-005). 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; Attachment "B" Decisions and Findings of Fact Board of County Commissioners 2024 Comprehensive Plan Amendments and Zone Changes 3 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 2024 Comprehensive Plan Amendments and Zone Changes 4