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HomeMy WebLinkAboutResolution 06-158-CCBOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON RESOLUTION NO. 6 — Esc—C-C` A Resolution Relating to Comprehensive Planning in Grant County in Accordance with the Washington State Growth Management Act (RCW 36.70 A) and amending the September, 1999 Comprehensive Plan. 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 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, forest, and mineral) and protect critical areas (cultural, 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, the Grant County Planning Commission issued a Final Environmental Impact Statement on July, 2, 1999, and subsequent addendums through 2005, 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 community's vision for the future and the Plan's goals and policies, and; Grant County Bond of County Commissioners Resolution Adopting Amendments for the Year 2005 To the Grant County Comprehensive Plan WHEREAS, it is important that amendments to this plan retain the broad perspectives articulated in the community vision statements, satisfy 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; 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 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, a public meeting was held on Monday, December 13, 2005, by the Grant County Board of Commissioners in compliance with Grant County Unified Development Code Section 25 12.030, for the purpose of considering Planning Department Staff's recommendations whether to initiate application review for each of the individual submitted proposed amendments to the Comprehensive Plan and to determine whether to initiate the plan amendment review process for each proposal, and; WHEREAS, after receiving testimony from citizens and staff at the public meeting, the motion was made, seconded, and unanimously approved to initiate the SEPA review process and schedule each of the amendments proposed, along with staff analysis and recommendations before the Planning Commission for an Open Record Public Hearing, and, Grant County Board of County Commissioners Resolution Adopting Amendments for the Year 2005 To the Grant County C omprehensne Plan 2 WHEREAS, a public hearing was conducted by the Planning Commission on January 4, 2006, continued to January 18th, and February 1, 2006, to hear staff recommendations and take public testimony on each of the proposed amendments to the Grant County Comprehensive Plan; making a recommendation and listing Findings of Fact for each amendment, 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, 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, amendments to the UGA boundaries of the City's of Soap Lake and Moses Lake were considered, and, WHEREAS, in accordance with Chapter 2 of the Comprehensive Plan, UGA boundary expansions were supported by and dependent upon criteria set forth in the GMA: 1) in areas already characterized by urban growth that have adequate existing public facility and service capabilities to serve such development; 2) in areas already characterized by urban growth that will be served adequately by a combination of both existing public facilities and services and any additional needed public facilities and services that are provided by either public or private sources; and 3) in the remaining portions of the urban growth areas, and; WHEREAS, when considering inclusion of rural areas within urban growth boundaries, attention was given to recognizing the high priority Grant County places on conserving and protecting both agricultural lands of long-term commercial significance and those lands characterized by rural development as well as changes that have occurred on the perimeters of the City's Urban Growth Boundary, and; WHEREAS, copies of this EIS Addendum were distributed to agencies, organizations, and individuals listed on the Planning Department distribution list, requesting that comments be submitted in accordance with WAC 197-11-340 (2), and; NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners for Grant County adopts the attached Decisions and record pertaining to the approval or denial of the 2005 Comprehensive Plan amendments, and, BE IT FURTHER RESOLVED, that the Board of County Commissioners for Grant County adopts the Findings of Fact as per Attachment "A" in support of these actions Grant County Board of County Commissioners Resolution Adopting Amendments for the Year 2005 To the Grant County Comprehensive Plan 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 1441 2006. DATED this 1 day of �m tY 2006. Yea Nay ATTEST: 19/ ❑ J Clerk of Me Bo / [IJi' ❑ BOARD OF COUNTY COMMISSIONERS Abstain G COUNTY, ASHINGTON ❑ Richard Stevens, Chair ❑ "aci' "WZL Deborah Kay Moor, ember ❑ LeRoy Allison, Member' Grant County Board of County Comnusstonets Resolution Adopting Amendments for the Year 2005 To the Grant County Comprehenswe Plan 4 ATTACHMENT"A" GRANT COUNTY COMPREHENSIVE PLAN AMENDMENT 2005 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 2005 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." During the amendment public hearing process, and in the 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 In July 2005, the Grant County Planning Department solicited petitions for amendments to the 1999 Comprehensive Plan. 2.2 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) Attachment "A" Grant County Comprehensive Pian Amendment 2005 General Findings of tact 2.3 In accordance with Grant County Code Chapter 25.12 — Legislative Actions, the Planning Commission held public hearings on January 4, January 181h. and February 1, 2006, at which time testimony was taken from interested agencies, organizations, and individual citizens, regarding the proposed amendments, as well as the 2005 addendum to the 1999 EIS. 2.4 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 2004 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 speak were given an opportunity to do so. Public testimony and written correspondence were given full consideration as part of the amendment process. 2.5 The existing enhanced public participation policies within Grant County ensure that the public had an opportunity to provide meaningful comments on the proposed amendments. 2.6 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 Petitions for site-specific land use redesignahons were 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 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. (e) 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. Attachment "A" Geant County Comprehensive Pian Amendment 2005 General FMndmgs or Fact. (e) The change has ment 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 (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 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. 4.3 Detailed applications along with supporting documentation and staff reports are made a part of this recommendation. Attachment "A" Grant County Comprehensive Plan Amendment 2005 General Finding% of Fact ATTACHMENT B' FINAL ACTION AND FINDINGS OF FACT BOARD OF COUNTY COMMISSIONERS COMPREHENSIVE PLAN 2005 AMENDMENTS *2005-1 File 05-4288 RIVERVIEW AT CRESCENT BAR Land Use Designation Change request from Recreational Development to Master Planned Resort and Approval of the associated Master Plan. The subject area consists of one parcel totaling -26-acres with a Comprehensive Plan Land Use Designation of "Recreation Development " The applicant has submitted an application requesting a site- specific land use re -designation to "Master Planned Resort" and approval of the associated Master Plan. LOCATION: The site is located south of Trinidad, east of Crescent Bar Road, north of Crescent Bar, and hes between the Sunserra at Crescent Bar Master Planned Resort and the proposed Crescent Bar Ranch Master Planned Resort in a portion of the south half of Section 18, Township 20 N , Range 23 E , W M STAFF ANALYSIS: The applicant has submitted a request for a Master Plan Resort (MPR) land use designation and approval of the associated Master Plan The intent of the MRR land use designation is, "to allow Master Planned Resorts having urban characteristics to be located outside of Urban Growth Areas" It is the policy of Grant County to allow the development of fully integrated destination resorts at appropriate locations within the County to promote tourism and take advantage of the area's scenic and natural amenities Provisions will be made in the development regulations of the County that provide for the review and approval with conditions of master planned resorts" (1999 Comp Plan pg 5RU-21) MPR's should be a, "self-contained and fully integrated planned unit development, in a setting of significant natural amenities, with primary focus on destination resort facilities consisting of short-term visitor accommodations associated with a range of developed on-site indoor or outdoor recreational activities " (1999 Comp. Plan pg. 5RU-20) The applicant's have submitted a Master Plan for their proposed MPR The Master Plan includes the designation of approximately 26 acres as MPR, which will include: 1) 47 single-family residential units; 2) a public softball field, 3) 6 RV sites, 4) tennis courts; 5) maintenance facilities, 6) garages and associated amenities to the already existing Sunserra development The proposed MPR shall comply with the development standards and zoning requirements of the Recreational Development zone As proposed the main resort aspects of the MPR will be the water related recreational activities PLANNING COMMISSION SUMMARY: The Master Plan Resort was discussed at the January 4 meeting of the Planning Commission at which time the conceptual Master Plan was shown stating there would be from forty to fifty single family residential units consistent with the development being presently constructed next door at Sunserra Even though, they felt there was no problem with the change in Land Use Designation to' Master Planned Resort", they asked the developers' representative, Mr Phil Bloom of Columbia Northwest Engineering, to make a more detailed drawing with a site plan show mg the exact number of units proposed Also, they requested further Attachment "B" Decisions and Findings of Fact Board of County Comrmssioneri Comprehensrne Plan 2005 Amendments 1 information on the septic system design The motion was made, seconded and unanimously approved to have the developer come back at the next meeting with a revised drawing and more detailed information At the January 18 Special meeting of the Planning Commission, Mr Phil Bloom, representing the applicant, presented a more complete Master Plan for Development and additional information requested by Mr Dale Walker of the Planning Commission It was the unanimous recommendation of the Planning Commission that the land use designation be changed from Recreation Development to "Master Planned Resort" and acceptance of the Master Plan tot Development was approved and recommended to the Board of County Commissioners PLANNING COMMISSION RECOMMENDATION: The Planning Commission established the following criteria in making a recommendation to the Board of County Commissioners for approval of the Land Use Re -designation to Master Planned Resort and approval of the Master Development Plan L 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 area is an adjacent parcel purchased after the original parcel of Sunserra was approved and developed as a Master Planned Resort in Phases 1, 2, and 3, with the same developers, and as a continuation of the existing development already in the Crescent Bar area BOARD OF COUNTY COMMISSIONERS DECISION: The Board of County Commissioners voted unanimously to uphold the recommendation of the Planning Commission and change the Land Use Designation from "Recreational Development to "Master Planned Resort" for Robert Hadley, President of Riverview at Crescent Bar, and inclusion of Parcel # 15-0637-003 as being re -designated "Master Planned Resort'. The Board of County Commissioners also approved the Master Plan for Development as submitted based on 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 Comprehensn� Plan 2005 Amendments 2 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 area is an adjacent parcel purchased after the original parcel of Sunserra was approved and developed as a Master Planned Resort in Phases 1, 2, and 3, with the same developers, and as a continuation of the existing development already in the Crescent Bar area 11. The Board finds that the proposed resort has been designed in such a way, and/or has provided reasonable mitigation measures that mitigate both environmental impacts and potential incompatibilities with adjacent uses and, 12. The Board finds that the resort plan is and/or will be consistent with the County's development regulations established for critical areas, and 13. The Board finds that on-site and off-site infrastructure and service impacts have been considered and mitigated, or will be mitigated through conditions of approval or the requirements of the County's development regulations, and, 14. The Board finds that the resort amenities, facilities, and the natural and man-made recreational features are the primary focus of the resort, and, 15. The Board finds that the proposed commercial establishments within the resort are supportive and integrated into the resort, and will provide the services and activities reasonably necessary for the needs of a self-contained resort, and, 16. The Board finds that the Master Planned Resort is located in a setting of significant natural amenities, which include the Columbia River, Crescent Bar Resort and golf course, and the Sunserra Master Planned Resort and Golf Course, 17 The Board finds that the Master Planned Resort will comply with GCC23 12.220 and GCC 25 12.070 *2005-2 File 05-4289 PORT OF MATTAWA Land Use Designation Change from Rural Remote to Agricultural Resource The subject property is an approximately 146 72 -acre parcel with a Comprehensive Plan Land Use Designation of "Rural Remote" The applicant has submitted an application requesting a Site Specific Land Use Re -designation to "Agricultural Resource" LOCATION: Approximately 1.5 miles north of the Town Mattawa in the NW quarter of the intersection of State Highway 243 and Road 23 -SW, and is a portion of S 27, T 15 N, R 23 E, WM. Grant County, WA (parcel # 15-0195-000) STAFF ANALYSIS: The applicant has submitted a request for a land use Te -designation of —146 72 -acres from `Rural Remote" to "Agricultural Resource" The application materials state that the basis for this request is to provide a site for future development of agricultural support facilities (e g CA storage, packing sheds, wineries, and similar agriculture related industrial uses), which are not allowed uses in the Rural Remote zone The application material also states that although the property has been designated Rural Remote the subject property has road frontage on all sides including fronting State Route 243 on the eastern edge of the property, making the property very accessible and not very remote. Attachment "B" Decisions and Findings of Fact Board of County Commsvoners Comprehensive Plan 2005 Amendments The surrounding properties to the north and east are designated Agricultural Resource, the property to west is designated Rural Remote, and the property to the south is designated Rural Residential 1 The Port District previously completed a development similar to what will be proposed on this parcel on the property to the north Based on Staff's review it appears that a re -designation of the subject property would not create an incompatible use with the surrounding lands The applicant has stated that benefits of re - designating the subject area to Agricultural Resource include, but are not limited to, providing lands that will "Facilitate a healthy, diverse and competitive agriculture industry." Based on Staffs review and after balancing the Goals and Policies of the Comprehensive Plan, Staff recommends approval of the Land Use Re -designation to Agricultural Resource PLANNING COMMISSION SUMMARY: The applicant's agent spoke to the need for additional lands to support Agricultural Industrial uses in South Grant County The Port's interest in developing this property into an Agricultural Industrial area was discussed. No other issues were discussed during the planning commission hearing PLANNING COMMISSION RECOMMENDATION: Based on the enclosed Findings of Fact the Planning Commission for Grant County has forwarded this proposal to the Board of County Commissioners with a recommendation to approve the proposed Land Use Re -designation of an - 146.72 -acre parcel from "Rural Remote" to "Agriculture" PLANNING COMMISSION FINDINGS OF FACT: The Planning Commission established the following findings of fact in making its decision to recommend approval of this Comprehensive Plan Land Use Re -designation 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 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 BOARD OF COUNTY COMMISSIONERS DECISION: The Board of County Commissioners voted unanimously to uphold the recommendation of the Planning Commission and change the Land Use Designation from "Rural Remote" to "Agricultural Resource" for the Port of Mattawa based on 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 Attachment "B" Decisions and Findings of Fact Board of County Commissioners Comprehensne Plan 2005 Amendments 4 5. The change does have merit for the community as a whole 6. The change 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 difterence 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 BOCC adopts the Staff Report, complete Staff file and Planning Commission report findings and analysis 11. The BOCC finds that pursuant to the requirements of the Growth Management Act and the Comprehensive Plan, an analysis has been completed utilizing the required Classification and Designation Criteria for the identification of Agricultural Resource Lands of Long-term Commercial Significance 12 The BOCC finds that the property is primarily devoted to agricultural production 13 The BOCC finds that the property has long-term commercial significance because the land: (1) has productive growing capacity, (2) is productive, (3) has good soil composition for long-term commercial production, (4) is not located in close proximity to population areas, and (5) does have the possibility for more intense uses 14. The BOCC finds that the Unified Development Code requirements, including but not limited to Right -to -Farm regulations and notification on plats, building permits and other development approvals that the property is in proximity to agricultural activities, will provide effective notice to area land owners and physical buffers lessening concerns with incompatibilities *2005-3 File 05-4290 JOSEPHINE MARTENS, ETAL Land Use Designation Change from Rural Remote to Rural Residential 1 The subject area is four (4) parcels, totaling —171.6 -acres with a Comprehensive Plan Land Use Designation of "Rural Remote' The applicant has submitted an application requesting a Site Specific Land Use Re -designation to "Rural Residential I" LOCATION: The subject property is located in a portion of Section 18, Township 18 N, Range 23 E W.M. and is accessed off of Silica Road by a "reserved" 30 ft right-of-way STAFF ANALYSIS: The applicant has submitted a request for a land use re -designation of 171.6 -acres from "Rural Remote" to "Rural Residential 1" The applicant has stated that the basis for this request is that the subject area is not suitable for agricultural use due to lack of irrigation water and its close proximity to higher density residential uses, such as the area known as Sunland Estates and the Gorge The subject properties are surrounded by lands designated as Rural Remote lands in the County's Comprehensive Plan Based on 2002 aerial photography it appears that lands to the north, northwest, east and south are not in agricultural production The applicant has stated that the proposed amendment will comply with various portions of the County's Comprehensive Plan by 1) providing County residents with the opportunity for living a rural lifestyle, meeting friendly people and housing close to recreational opportunities, 2) providing the opportunity for rural lands related to farming, mining, and rural residential development, and 3) complying with Rural Attachment "B" Decisions and Findings of Fact Board of County Commissioners Comprehensive Plan 2005 4mendments 5 Lands Goal RU -1.4, "to allow rural property owners reasonable economic opportunities for use of their land." PLANNING COMMISSION SUMMARY At the Planning Commission meeting held on January 4, 2006, Commission members discussed how the applicant gains access to the property The representative for the application, Mr Dave Taylor, indicated that there was a reserved access or nght-of-way that has been dedicated to the county but never been activated, located roughly a quarter mile away There was also concern over the mining activity in the area, and questions aq to whether this be a good location for residential use. PLANNING COMMISSION FINDINGS OF FACT: The Planning Commission established the following findings of fact in making its recommendation to the Board of County Commissioners for denial of the Land Use Re -designation 1 The change would not benefit the public health, safety, and or welfare; 2 The change is not warranted because of changed circumstances or because of a need for additional property in the proposed land use designation 3. The change is not consistent with the criteria for land use designations specified in the Comprehensive Plan 4. The change may be detrimental to uses or property in the immediate vicinity of the subject property. 5. The change does not have merit for the community as a whole 6. The change, if granted, will 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 not 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 not comply with all other applicable criteria and standards of Chapter 25.12 UDC. BOARD OF COUNTY COMMISSIONERS DECISION: The Board of County Commissioners held a public hearing on March 8, 2006, continued to March 22, 2006, at which time they voted unanimously to uphold the recommendation of the Planning Commission and deny the land use designation change from Rural Remote to Rural Residential 1 based on the Findings of Fact as given by the Planning Commission. A letter was received from the consultant of the proposal Mr. David Taylor on March 30, 2006, asking the Board for reconsideration of the denial of the Josephine Martens, etal application to amend the Grant County Comprehensive Plan Land Use map to re -designate the property from Rural Remote to Rural Residential 1 based on the following reasons: 1. Based on the comments [Wade during Commissioner's deliberation, there appears to have been a misunderstanding of the request. The proposed map amendment did not grant the applicant any specific project approval' rather, the proposal was simply asking permission to seek a rezone to RRl. 2. During the County Commissioner's deliberation, concerns were raised with regard to "178 houses" being developed on the property and that the proposal was "too big". Had the land use amendment been approved and if a subsequent rezone and subdivision were approved, the maximum number of houses allowed on the property would be 34 under current Grant County Code. 3. The Commissioners applied a standard of review appropriate for project specific applications to the proposed map amendment, but should have reviewed the proposal as a non -project application. Attachment "B" Decisions and Findings of Fact Board of County Comnussioneis Comprehensve Plan 2005 Amendments 6 4. Because no specific development activity is proposed at this time, no significant adverse impacts are associated with the proposal. In addition, any future development of the subject property will be subject to review and approval by Grant Counh in accordance with all applicable development standards contained in the Uniform Development Code. 5. No verbal testimony was presented opposed to the proposed map amendment during the Planning Commission public hearing or either of the two public hearings held by the County Commissioners. In fact, a neighboring property owner testified at the Planning Commission public hearing in support of the project. The Board of County Commissioners agreed to re -consider the denial of the Josephine Martens, eta] application as part of their regular hearings on the Comp Plan amendments for 2005 and that it was to be a "Closed Record Hearing" for questions to be asked by the County Commissioners of Mr. Martens and his representative, Mr. Taylor on April 8, 2005. At the Closed Record Public hearing the motion was made by LeRoy Allison, seconded by Richard Stevens to approve the Josephine Martens Comprehensive Plan Amendment application, File Number 05-4290. Commissioner Deborah Moore voted against the amendment application, expressing concerns over the size of the area under consideration, and the ultimate cost to the county of maintaining the road system, as well as supplying the area with fire, police, school bus and medical protection. She further indicated that even though this application was not "project specific' the Comprehensive Plan Designation change would allow the applicant to apply for a greater density (five acre parcels) than the present twenty -acre minimum lot size. A great deal of time and effort had gone into developing various land use designations in the Comprehensive Plan for areas throughout the county and changes to the land use designations effect the county later on, in cost of services. It was the feeling of Commissioner Allison, that the proponents had clarified issues that had not been brought up before the Planning Commission, mainly that this was not a project specific application, and the applicants would have to go through a zone change, and plat application before anything could be done with the property. Mr. Stevens agreed with Mr. Allison stating that sometimes the focus is too far ahead of what is being applied for in a land use re -designation application. The motion carried two votes to one. The following Findings of Fact were used in reaching the decision for approval: 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 Attachment `B" Decisions and Findings of Fact Board of County Commissioners Comprehensive Plan 2005 Amendments 7 10 The Board has reviewed the entire record and hereby incorporates, including, but not limited to, the Board's files, the entire Planning Commission file, the entire Planning Department files for File No 05-4290, the Comprehensive Plan. SEPA documentation etc. 11. The Board finds that the applicant has provided sufficient evidence that a change in circumstances has occurred which warrants the requested land use designation change from Rural Remote to Rural Residential 1 12. The Board finds that the application submitted by Josephine Martens etal, (Jerry Martens) has adequately shown how the proposed site no longer meets the purposes of the Rural Remote designation, which is (to) (A) Differentiate from the higher density rural land use to reflect the area's remoteness and/or limited opportunity for development (B) Such areas are those not suitable for intensive farming and are generally not attractive for residential development (C) The primary land uses in the remote residential areas include, but are not tinted to, resource -oriented activities (farming and mineral extraction), open space, and residential at 1 dwelling unit per 20 acres (D) Are generally locations outside existing main road networks and distant from existing utilities 13. The Board funds that the application submitted has shown how the proposed site is better suited to and better meets the purpose and intent of the Residential 1 designation, which is (to) (A) Maintain the rural aspects of the County. (B) To provide buffering or transitions between existing rural developments and areas of higher or lower densities (C) Rural Residential I areas are generally characterized by activities including, but not limited to, small scale farms, dispersed single-family residences at a density of 1 dwelling unit per 5 acres, and open space 14. The Board finds that having reviewed the Comprehensive Plan goals, policies, and criteria established for the designation of Rural Remote and Rural Residential 1 lands, one of the primary differences between the two appears to be the intensity of use, 1 dwelling unit per 20 acres — verses — 1 dwelling unit per 5 acres In this case, a 171 -acre area in Rural Remote would allow 8 dwelling units and Rural Residential 1 would allow an increase to 34 dwelling units 15. The proposed densities allowed in the Rural Residential 1 zoning (one DU per five acres) will allow future development activities in this location which will maintain the area's rural character, retention of open space, minimize the demand and opportunities for use of the land 16 The proposed amendment from Rural Remote to Rural Residential I does not alter the overall "rural" land use designations which are intended to maintain the rural aspects of the County and to provide buffering or transitions between existing rural developments and areas of higher or lower densities 17 The area proposed for land use designation change from Rural Remote to Rural Residential 1 is comintent with the land use and zoning designations of surrounding properties 18. The Board finds that the consultant. Mr Taylor stated this application is not a specific development activity, The Board finds that the application is a proposed "site specific land use re -designation change' and NOT a site-specific land development application *2005-4 File 05-4291 PORT OF MATTAWA Land Use Designation Change from Industrial (Urban) to Commercial (Urban) Anachment"B" Decisions and Findings of Fact Board of Coemy Conmussioners Comprchmsr�e Plan 2005 Amendments 8 The subject property is an approximately 9 -acre portion of two parcels with a Comprehensive Plan Land Use Designation of "Industrial (Urban)' The applicant has submitted an application requesting a Site Specific Land Use Re -designation to "Commercial (Urban)" LOCATION: An -9-acre portion of two parcels inside the Town of Mattawa's UGA Boundary, just west of town, in the NW quarter of the intersection of State Highway 243 and Road 24 -SW; and is a portion of S 34, T 15 N, R 23 E, WM, Grant County, WA (parcel #'s 15-0224-009 & 15-0224-013) STAFF ANALYSIS: The applicant has submitted a Comprehensive Plan Amendment requesting a Site Specific Land Use Re- designation of an -9 acre (285' x 1453') portion of two (2) parcels inside the Town of Mattawa's Urban Growth Area boundary (UGA) from "Industrial" to "Commercial" The re -designation has been requested in order to return this property to its previous zoning of Commercial, prior to the adoption of the County's Comprehensive Plan in 1999 and UDC in 2000 Currently, the Port is operating an industrial park with sewer and water service provided by the Town of Mattawa The Port would like to allow some commercial developments to locate on the subject parcel. Included in the application material is a letter from the Mayor of the Town Mattawa, Ms Judy Esser, stating that the Town is in favor of the proposed rezone The surrounding properties to the east and south are designated Commercial (Urban), the properties to west are designated Rural Residential 1 and Industrial (Urban), and the property to the north is designated Rural Remote The Port District is currently operating and industrial park and orchard on the remainder of the subject parcels. Based on Staffs review it appears that a re -designation of the subject property would not create an incompatible use with the surrounding lands Based on Staff s review and after balancing the Goals and Policies of the Comprehensive Plan, Staff recommends approval of the Land Use Re -designation to Commercial (Urban) PLANNING COMMISSION SUMMARY: For this project the discussion centered on the best use of the property. The Port's agent stated that the location of this property in relation to State Highway 243 made this site ideal for future commercial development and that previous to the adoption of the current zoning in 2000 the subject area was zoned for commercial development Thus, if approved this request would allow the Port to develop their property as originally planned prior to 2000 Wayne Sahli, a member of the public spoke in favor the proposed re- designation No other issues were discussed during the planning commission hearing PLANNING COMMISSION RECOMMENDATION: Based on the enclosed Findings of Fact the Planning Commission for Grant County has forwarded this proposal to the Board of County Commissioners with a recommendation to approve the proposed Land Use Re -designation of an - 9 -acre portion of parcel #' 15-0224-009 and 15-0224-013 from "Industrial" to "Commercial" PLANNING COMMISSION FINDINGS OF FACT: The Planning Commission established the following findings of fact in making its decision to recommend approval of this ComprehenmN e Plan Land Use Re -designation: 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 Comprchensne Plan 2005 Amendments 9 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 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 BOARD OF COUNTY COMMISSIONERS DECISION: The Board of County Commissioners voted unanimously to uphold the recommendation of the Planning Commission and change the Land Use Designation from "Industrial (Urban)" to "Commercial (Urban)" for the Port of Mattawa based on the following Findings of Fact: 1. The change would benefit the public health, safety, and or weltare, 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 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 *2005-5 File 05-4292 NAOMI CORDELL Land Use Designation Change, from Rural Residential 2 to Urban Residential 2 and Inclusion within the Moses Lake Urban Growth Boundary area. The subject area is an —54.94 -acre parcel with a Comprehensive Plan Land Use Designation of "Rural Residential 2 " The applicant has submitted an application requesting the subject property be included within the boundary of the City of Moses Lake's Urban Growth Area (UGA) and a site-specific land use re -designation to "Urban Residential 2" LOCATION: The subject area is located in the northwest quarter of the southwest quarter of Section 11, Township 19 N., Range 28 E W M . south of Maple Drive. west of Wenatchee Drive, east of Stratford Road and north of Sagedale Road, Moses Lake (parcel # 17-0485-000) STAFF ANALYSIS: The applicant has submitted a Comprehensive Plan Amendment requesting a Site Specific Land Use Re- designation and a UGA boundary change of a 5494 -acre parcel from Rural Residential to Urban Attachment"B" Decisions and Findings of Fact Board of County Commwaoners Comprehensne Plan 2005 Amendments 10 Residential, Low Density. The proposal contemplates the expansion of the City of Moses Lake's UGA and the re -designation of the subject area Currently, the subject area is adjacent to the Moses Lake UGA boundary on the west The agent for the applicant has stated that sewer and water services are located in the adjacent right-of-way and that the City of Moses Lake has tentatively agreed to extend services to the subject area if included within the UGA Although Staff has not received any material specifying that the City has agreed to extend services to the subject area, information concerning this proposal has been forwarded to the City for their review and comment Favorable comment was given by City Planner, Dale Schultz PLANNING COMMISSION SUMMARY: The applicant and his agent, Phil Bloom explained to the Commission the UGA for the City of Moses Lake already adjoins this property. And utilities are close enough to be reasonably brought to the property at such time as the area is developed and sold PLANNING COMMISSION RECOMMENDATION: Based on the following Findings of Fact, the Planning Commission has forwarded this proposal to the Board of County Commissioners with a recommendation to approve the request for land use re -designation of a 54 94 -acre parcel from Rural Residential 2 to Urban Residential 2 and inclusion of the area within the City of Moses Lake Urban Growth Boundary Based on Staff's review and after balancing the Goals and Policies of the Comprehensive Plan, both staff and Planning Commission found that the applicant met the criteria for subnuttal of the application and supports the request for approval. PLANNING COMMISSION FINDINGS OF FACT: The Planning Commisvon established the following Findings of Fact in making its decision to recommend approval to the Board of County Commissioners in the proposed land use re -designation. 1. 2. 3 4. 5. 6. 7. 8 The change would benefit the public health, safety, and or welfare; The change is warranted because of changed circumstances or because of a need for additional property in the proposed land use designation The change is consistent with the criteria for land use designations specified in the Comprehensive Plan The The change will not be detrimental to uses or property in the immediate vicinity of the subject property The change does have merit for the community as a whole. The change, it 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 The benefits of the change will outweigh any significant adverse impacts of the change. The change is consistent with the purpose and intent of the Comorehensive 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 BOARD OF COUNTY COMMISSIONERS DECISION: The Board of County Commissioners voted unanimously to uphold the recommendation of the Planning Commission and change the Land Use Designation from Rural Residential 2 to Urban Residential 2 for Naomi Cordell and include Parcel #17-0485-000 within the Urban Growth Boundary Area for the City of Moses Lake, based on the following Findings of Fact: 1. The change would benefit the public health, safety, and or welfare, AI Wchment "B" Decisions and Findings of Fact Board of County Comtmssioners Comprehensne Plan 2005 Amendments 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 The 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. *2005-6 File 054293 PEN-JEN GUH Land Use Designation and Urban Growth Area Boundary Change from Urban Reserve (Rural) to Commercial (Urban) The subject area consists of three parcels totally -30 87 -acres with a Comprehensive Plan Land Use Designation of "Urban Reserve (Rural) " The applicant has submitted an application requesting the subject property be included within the boundary of the City of Moses Lake's Urban Growth Area (UGA) and a site specific land use re -designation to "Commercial (Urban) " LOCATION: The site address of the subject area is 503 RD M -NE, in the SE quarter of the intersection of RD M -NE and S Frontage RD, and is a portion of S 32, T 19 N, R 29 E, WM, Grant County, WA (parcel #'s 21-1753- 003, 18-0262-000, & 18-0271-002) STAFF ANALYSIS: The applicant has submitted a Comprehensive Plan Amendment requesting a Site Specific Land Use Re- designation and a UGA boundary change to include three parcels totaling -30 87 acres within the City of Moses Lake's UGA and re -designating them from "Urban Reserve (Rural)" to "Commercial (Urban)". The Washington State Growth Management Act contemplates that the amount of land designated for commercial use within an UGA is to be determined by demand calculated using population forecast, as established by the WA Office of Financial Management, for the required twenty-year planning period. As adopted in 1999 and based on a Land Supply and Land Demand Model (See Grant County UGA Analysis, 1999), Grant County's Comprehensive Plan found that in the City of Moses Lake's UGA the land supply for commercial lands exceeded land demand by 189 6 acres Grant County's Comprehensive Plan state that lands designated as Urban Reserve (Rural) are, "areas that appear to be transitioning, at varying rates, from rural to urban, and are appropriate for areas of increasing density and potential future urban services " (Comp Plan 1999 pg 4-15) As such, it would appear that as designated in the comprehensive plan the intent is that the subject area will one day be included within the Moses Lake UGA Currently, the subject area is adjacent to the Moses Lake UGA on the north, across Interstate 90 Although, it does not appear water and sewer services are readily available to the subject parcel Previously, the subject area had a Comprehensive Plan Land Use Designation of Rural Commercial. However, based a decision by the Eastern Washington Growth Management Hearings Board (EWGMHB), Attachment' B' Decisions and Findmgs of Fact Board of County Commissioners Comprehensi,c Pian 2005 Amendments it was deternuned that the subject parcel did not meet the criteria for designation as a Limited Area of More Intense Rural Development (LAMIRD) and consequently the land use designation was changed to Urban Reserve (Rural) For your consideration, currently located on one of the subject parcels (#21-1753-003) is a residence If the designation of this parcel is changed to Commercial (Urban) the property owner may have problems with this property in the future. Based on Staff's review and after balancing the Goals and Policies of the Comprehensive Plan, Staff does not oppose the UGA Expansion and Land Use Re -designation to Commercial (Urban) PLANNING COMMISSION SUMMARY: During the Planning Commissioner the main issue of discussion was in regards to Staff recommendation for approval on this project and recommendation for denial on the adjacent David Sparks re -designation and UGA expansion request Staff explained that the main reason for a different recommendation on adjacent projects was that the Sparks project encompassed -600 and this project was only requesting the re- designation of 30 -acres Staff stated that if the Sparks proposal had been more limited in scope, Staff possibly would have recommended approval for that project as well Also the applicant's agent clarified that he did not believe the subject area had ever been farmed No additional issues were discussed during the planning commission hearing. PLANNING COMMISSION RECOMMENDATION: Based on the enclosed Findings of Fact the Planning Commission for Grant County has forwarded this proposal to the Board of County Commissioners with a recommendation to deny the proposed Land Use Re -designation and UGA expansion of -30 87 -acres from "Urban Reserve" to "Commercial (Urban)". PLANNING COMMISSION FINDINGS OF FACT: The Planning Commission established the following findings of fact in making its decision to recommend denial of this Comprehensive Plan Land Use Re -designation and Urban Growth Area Boundary Change 1. The change would not benefit the public health, safety, and or welfare; 2. The change is not warranted because of changed circumstances or because of a need for additional property in the proposed land use designation 3. The change is not consistent with the criteria for land use designations specified in the Comprehensive Plan 4. The change will be detrimental to uses or property in the immediate vicinity of the subject property. 5. The change does not have merit for the community as a whole 6. The change will 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 not 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 not comply with all other applicable criteria and standards of Chapter 25 12 UDC BOARD OF COUNTY COMMISSIONERS DECISION: The Board of County Commissioners voted unanimously to uphold the recommendation of the Planning Commission and deny the requested Land Use Designation and Urban Growth Boundary Change "Urban Reserve (Rural)" to "Commercial (Urban)" for Pen -Jen Gob based on the following Findings of Fact: 1 The change would not benefit the public health, safety, and or welfare; Attachment 'B" Decisions and Fmdmes of Fact Board of County Commissioners Comprehensive Plan 2005 Amendments 13 2 The change is not warranted because of changed circumstances or because of a need for additional property in the proposed land use designation. 3 The change is not consistent with the criteria for land use designations specified in the Comprehensive Plan 4. The change will be detrimental to uses or property in the immediate vicinity of the subject property 5. The change does not have merit for the community as a whole. 6. The change will 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 not 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 not comply with all other applicable criteria and standards of Chapter 25 12 UDC *2005-07 File 05-4294 STEVEN AND GAIL ADAIR, RAY BROWN, JOAN HERMAN, AND PAMP MEIERS Land Use Designation Change, from Urban Residential 2 to Urban Commercial The subject area is a —0.97 -acre parcel with a Comprehensive Plan Land Use Designation of "Urban Low Density Residential." The applicant has submitted an application requesting the subject property be re- designated to "Urban Commercial" The area is located in Cascade Valley which is already designated as being within the Moses Lake Urban Growth Area Along with the applicant's application are letters from property owners within the area who have expressed an interest in joining in the request for Land Use Designation change Those property owners are Pamp Meters. Ray Brown and John Herman Combined total of the area under consideration would be approximately 10 acres, more or less LOCATION: The subject area is located in the northeast quarter of S 17, T 19 N, R 28 E, WM, Grant County, WA, at the intersection of Stanley and Valley Roads, and northerly along Konrshi Road, Cascade Valley, Moses Lake, WA STAFF ANALYSIS: The applicant has submitted a Comprehensive Plan Amendment requesting a Site Specific Land Use Re- designation of approximately 10 acres. The proposal contemplates the re -designation of the subject area from "Urban Residential" to "Commercial (Urban)" The purpose of this request is to locate a commercial business on the site consistent with other development along Valley Road The area has been developed as commercial property since 1923 and prior to the adoption of the Unified Development Code in 2000, this area was zoned as "Commercial" There are several existing businesses located within the vicinity and the Adair property abuts the concrete and asphalt plant located directly to the north The applicants plan to utilize the property for watercraft rentals and storage and to use the existing warehouses for this purpose Grant County's Comprehensive Plan states that lands designated as Urban Commercial are, "areas that appear to be transitioning, at varying rates, from rural to urban, and are appropriate for areas of increasing density and potential future urban services " (Comp. Plan 1999 pg 4-15) As such, it would appear that when originally designated in the Comprehensive Plan the intent was that the subject area would be included within the Moses Lake UGA as an existing commercial area The City of Moses Lake City Council at their April 12, 2005 meeting agreed to support the application and directed staff to initiate the process to consider a land use designation change of the City's Future Land Use Map PLANNING COMMISSION SUMMARY Attachment "B" Decisions and Findings of Fact Board of C'ounn Commissioners Comprehensn e Plan 2005 Amendments 14 The Planning Commission agreed, this area had been in commercial use since the 1920's and if the uses that are there now are still in existence, then it should be reverted back to its original zoning classification as commercial property No other issues were discussed during the Planning Commission Hearing PLANNING COMMISSION RECOMMENDATION: Based on Staffs review and after balancing the Goals and Policies of the Comprehensive Plan, the Planning Commission voted unanimously to recommend approval of the Land Use Re -designation to Urban Commercial to the Board of County Commissioners for final decision. PLANNING COMMISSION FINDINGS OF FACT: The Planning Commission established the following Findings of Fact in making its unanimous recommendation for approval to the Board of County Commissioners. 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 to 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 BOARD OF COUNTY COMMISSIONERS DECISION: The Board of County Commissioners voted unanimously to uphold the recommendation of the Planning Commission and change the Land Use Designation from "Urban Residential 2" to "Urban Commercial" for those parcels owned by Steve and Gail Adair, along with those parcels added to the initial request as submitted by Pamp Meiers, Ray Brown and John Herman containing the following parcel #'s and based on the Findings of Fact listed below: Parcel # 17-0725-021 Adair Parcel# 17-0653-000,17-0720-000 17-0723-000 Meiers Parcel # 17-0713.000 and 17-0714-000 Brown Parcel #12-1647-000, Herman Total area, approximately 10 acres. 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 �%ith 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 Attachment "B" Decisions and Findings of Fact Board of County Comnussionm Comprehensne Plan 2005 Amendments 15 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. *2005-8 File 05-4295 CITY OF MOSES LAKE Land Use Designation Change The subject property is an approximately 12 -acre portion of a 2 55 -acre parcel with a Comprehensive Plan Land Use Designation of "High Density Residential' The applicant has submitted an application requesting a Site Specific Land Use Re -designation to "Commercial (Urban)" LOCATION: An -1 2 -acre portion of parcel #17-1037-000 located on the south side of Newell St, lust south of the Grant County International Airport, and is a portion of S 32, T 20 N, R 28 E, WM, Grant County, WA. STAFF ANALYSIS: The applicant has submitted a Comprehensive Plan Amendment requesting a Site Specific Land Use Re- designation of an -1 2 -acre portion of a parcel within the City of Moses Lake's UGA, owned by the City of Moses Lake, from "High Density Residential" to "Commercial (Urban)". The Washington State Growth Management Act contemplates that the amount of land designated for commercial use within an UGA is to be detemuned by demand calculated using population forecast, as established by the WA Office of Financial Management, for the required twenty-year planning period. As adopted in 1999 and based on a Land Supply and Land Demand Model (See Grant County UGA Analysis, 1999), Grant County's Comprehensive Plan found that in the City of Moses Lake's UGA the land supply for commercial lands exceeded land demand by 189 6 acres Currently located on the subject parcel is Well #21 and Tank #2 for the City of Moses Lake, and these rises will continue to be the primary uses of the subject property Additional, the subject parcel currently is split land use designation, with portions being designated as commercial and others high density residential The application material states that the main reason for this re -designation is to allow the development of a cell tower on that portion of the subject parcel designated high-density residential Based on Staff s review and after balancing the Goals and Policies of the Comprehensive Plan, Staff recommends approval of the Land Use Re -designation to Commercial (Urban) PLANNING COMMISSION SUMMARY: During the public hearing for this project the Planning Commission discussed the City of Moses Lake's involvement with the proposed re -designation The main concern was whether the City was aware of the requested re -designation and if the City had provided any comment or verification of consent Staff stated that the City was owner of the subject area, but no comment or verification of consent had been received as of the date of the public hearing 'I he Planning Commission stipulated in their recommendation that the City be contacted and comment be received verifying acknowledgement of the proposed re -designation, and be in agreement with the Planning Commission's recommendation to re -designate the subject parcel to Public Facilities and not Commercial No additional issues were discussed during the planning commission hearing PLANNING COMMISSION RECOMMENDATION: Attachment "B" Decisions and Findings of Fact Board of Coumv Commissioners Comprehensive Plan 2005 Amendments 16 Based on the enclosed Findings of Fact the Planning Commission for Grant County has forwarded this proposal to the Board of County Commissioners with a recommendation to approve a Land Use Re- designation of an -1 2 -acre portion of parcel N 17-1037-000 to Public Facilities (Urban), with a Contingency that the City of Moses Lake confirm that the amendment has been submitted on behalf of the City and that the City of Moses Lake be in agreement with the re -designation to Public Facilities and not Commercial PLANNING COMMISSION FINDINGS OF FACT: The Planning Commission established the following findings of fact in making its decision to recommend approval, with an amendment, of this Comprehensive Plan Land Use Re -designation: 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 will not result in a group of property owners enjoying greater pnvileges 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 BOARD OF COUNTY COMMISSIONERS DECISION: The Board of County Commissioners voted unanimously to uphold the recommendation of the Planning Commission and change the Land Use Designation from "High Density Residential' to "Urban Public Facilities" for the City of Moses Lake based on 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 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 *2005-9 File 05-4396 DAVID SPARKS Attachment "B" Decisions and Findings of Fact Board of County ( ommissmners Comprehenqie Plan 2005 Amendments 17 Land Use Designation and Urban Growth Area Boundary Change from Urban Reserve (Rural) to Commercial (Urban) The subject area consists of ten parcels totally -592 89 -acres with a Comprehensive Plan Land Use Designation of "Urban Reserve (Rural) " The applicant has submitted an application requesting the subject property be included within the boundary of the City of Moses Lake's Urban Growth Area (UGA) and a site specific land use re -designation to "Commercial (Urban) " LOCATION: The subject area lies on the north and south side of I-90 east of the city limits of Moses Lake; and is a portion of S 30 & 31, T 19 N, R 29 E, WM, Grant County, WA (parcel #'s 17-0901-000, 18-0246-000, 18 0247 -000,18 -0252 -000,21 -1764-000,21-1765-000,21-1772-000,18-0250-000,21-1773-000, & 21-1771 000) STAFF ANALYSIS: The applicant has submitted a Comprehensive Plan Amendment requesting a Site Specific Land Use Re- designation and a UGA boundary change to include ten (10) parcels totaling -592 89 acres within the City of Moses Lake's UGA and re -designating them from "Urban Reserve (Rural)" to "Commercial (Urban)". The Washington State Growth Management Act contemplates that the amount of land designated for commercial use within an UGA is to be determined by demand calculated using population forecast, as established by the WA Office of Financial Management, for the required twenty-year planning period As adopted in 1999 and based on a Land Supply and Land Demand Model (See Grant County UGA Analysis, 1999), Grant County's Comprehensive Plan found that in the City of Moses Lake's UGA the land supply for commercial lands exceeded land demand by 189 6 acres, this is not including the unincorporated UGA. The Moses Lake UGA Analysis includes a summary of lands designated for commercial development within the corporate limits of Moses Lake as well as the unincorporated UGA surrounding Moses Lake. The summary states that in 1998 there was a total 908 acres of land zoned as commercial within the corporate limits, of which 266 6 acres were found to be vacant and available for infill opportunities The UGA Analysis also states that in 1998 there was an additional 156 8 acres of commercial land in the unincorporated portion of the UGA, for a total of 1064 81 acres of commercial property within the Moses Lake UGA The analysis determined that for the 2018 projected population of 24,762 for Moses Lake, 718,4 acres of commercial land would be needed If approved as submitted this proposed amendment would increase the available commercial lands within the Moses Lake UGA by 55 6`70, well above the amount determined to be needed Although, Staff believes that if limited in scale some of the subject areas could be included in the UGA and re -designated, Staff does not believe that the developer has provided sufficient justification for the change as proposed Grant County's Comprehensive Plan state that lands designated as Urban Reserve (Rural) are, "areas that appear to be transitioning, at varying rates, from rural to urban, and are appropriate for areas of increasing density and potential future urban services " (Comp Plan 1999 pg 4-15) As such, it would appear that as designated in the comprehensive plan the intent is that the subject area will one day be included within the Moses Lake UGA Currently, the subject area is adjacent to the Moses Lake UGA However, because the property has been designated Urban Reserve (Rural) does not on its own justify inclusion within the UGA or a re -designation Previously, portions the subject area had a Comprehensive Plan Land Use Designation of Rural Commercial. However, based a decision by the Eastern Washington Growth Management Hearings Board (EWGMHB), it was determined that the subject parcel did not meet the criteria for designation as a Limited Area of More Intense Rural Development (LAMIRD) and consequently the land use designation of those properties was changed to Urban Reserve (Rural). It n some of these areas that Staff believes could be included within the Moses Lake UGA Attachment "B" Decisions and Findings of Fact Board of County Commissioners Comprehensne Plan 2005 Amendments 18 For your consideration, Staff would like to note that if approved as proposed, this proposal would result in an island of property under the County's jurisdiction that is outside of the UGA yet completely surrounded by the Moses Lake UGA Based on Staffs review and after balancing the Goals and Policies of the Comprehensive Plan, as currently configured and without additional justification Planning Staff cannot support the proposed UGA Expansion and Land Use Re -designation to Commercial (Urban) PLANNING COMMISSION SUMMARY: During the Planning Commission Hearing the main issues of discussion included the availability of capital facilities to the site including roads, water, and sewer services, the creation of an island of non-UGA land surrounded by the Moses Lake UGA, potential reduction of the proposed amendment, the location of incompatible commercial uses in rural areas of the county, and the impact of projects as proposed on the WA GMA The Planning Commission members wanted to know what types of capital facilities were available to the areas being requested for inclusion in the UGA. The applicant's agent stated that right-of-way had been dedicated for access to those properties north of I-90 He also stated that the City of Moses Lake was willing to serve the entire project, however, only the properties north of I-90 have sewer and water services readily available. The discussion regarding the island of non-UGA land was mainly about the size and location of the potential island Staff stated our concerns with the creation of the island and identified its size, -2 sections, and location, north of the project boundaries The Planning Commission also discussed the potential reduction of the proposed project Staff stated the scope of the project could be reduced but not expanded beyond what was being proposed Mr. Jean Polhamus spoke at the public hearing in opposition to the proposed amendment. His main concern was the location of commercial developments in a rural area Mr Polhamus stated he has lived in this area for many years and the surrounding lands have historically been in agricultural use In general, Mr Polhamus felt that commercial uses would be incompatible with the existing uses on those parcels south of I-90 The Planning Commission's discussion ended reflecting on how projects such as the one proposed have been the drivers in the adoption of the GMA by the state of Washington. And, that this type of development would encourage sprawl instead of infill development PLANNING COMMISSION RECOMMENDATION: Based on the enclosed Findings of Fact the Planning Commission for Grant County has forwarded this proposal to the Board of County Commissioners with a recommendation to approve an expansion of the City of Moses Lake's UGA Boundary and re -designation to Commercial (Urban), of four parcels north of I-90, -206-acres, including parcel #'s 21-1771-000, 18-0247-000, 18-0250-000, and 21-1772-000 PLANNING COMMISSION FINDINGS OF FACT: The Planning Commission estabhshed the following findings of fact in making its decision to recommend approval, as amended, of this Comprehensive Plan Land Use Re-devgnation and Urban Growth Area Boundary change 1. The change would benefit the public health, safety, and or welfare; 2. The change is �+arranted 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 Comprehensive Plan 2005 Amendments 19 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 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 m 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 BOARD OF COUNTY COMMISSIONERS DECISION: The Board of County Commissioners voted unanimously to amend the recommendation of the Planning Commission and change the Land Use Designation from "Urban Reserve (Rural)' to "Commercial (Urban)" for and expand the Moses Lake Urban Growth Area Boundary to include parcel #'s 21-1771-000 and 21-1772-000 for David Sparks based on 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 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 *2005-10 File 05-4297 BERNICE STUMP Land Use Designation Change from High Density Residential (Urban Residential 4) to Urban Commercial The subject area is a —0 58 -acre parcel with a Comprehensive Plan Land Use Designation of "High Density Residential." The applicant has submitted an application requesting the subject property be re -designated to "Commercial (Urban) " It is located within the Moses Lake Urban Growth area LOCATION: The subject area is located on Lot #1 of Turnkey Estates No I in a portion of Section 4, Township 19 N., Range 28 E W M with the west boundary being Patton Boulevard, the East being Turnkey Road N.E., and South being 22"d Avenue N E, Moses Lake (parcel # 12-1089-002) STAFF ANALYSIS: The applicant has submitted a Comprehensive Plan Amendment requesting a Site Specific Land Use Re- designation of a —0 58 acre parcel The proposal contemplates the re -designation of the subject area from Attachment "B" Decisions and Findings of Fact Board of County Commissioners Comprehensive Plan 2005 Amendments 20 "High Density Residential" to "Commercial (Urban)". The purpose of this request is to locate a commercial business on the site consistent with other development established within the area PLANNING COMMISSION SUMMARY: The Planning Commission recognized that in this area were already located a real estate office and drive in restaurant, and felt the re -designation request was appropriate for the area PLANNING COMMISSION RECOMMENDATION; The Planning Commission feels the applicant has met the criteria for submittal of this land use re- designation change, although there is no supportive document received at this point from the City of Moses Lake The subject property is located on a busy traffic corner surrounded by commercial and light industrial uses and zoning Based on the Findings of Fact, and land use of the area, the Planning Commission voted unanimously to recommend to the Board of County Commissioners that the site-specific land use re -designation be approved. PLANNING COMMISSION FINDINGS OF FACT: The Planning Commission established the following criteria in making a recommendation to the Board of County Commissioner for approval. 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 BOARD OF COUNTY COMMISSIONERS DECISION: The Board of County Commissioners voted unanimously to uphold the recommendation of the Planning Commission and change the Land Use Designation from "High Density Residential', UR 4 to Urban Commercial on Parcel #121089002 for Bernice Stump based on 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 Auachment "B" Decisions and Findings of Fact Board of County Commissioners Comprehensive Plan 2005 Amendments 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. *2005-11 File 05-4299 BUTCH MILBRANDT Land Use Designation Change The subject property consists of three parcels totally approximately 96 -acres with a Comprehensive Plan Land Use Designation of `Agricultural Resource". The applicant has submitted an application requesting a Site Specific Land Use Re -designation to "Rural Residential 1". LOCATION: The subject property Ives east of the Town of Soap Lake on the south side of RD 20 -NE, lust east of RD B 7 -NE, and is a portion of S 28, T 22 N, R 27 E, WM, Grant County, WA (parcel #'s 16-1953-000,16- 1954-000, & 16-1956-000) STAFF ANALYSIS: The developer has submitted a request for a site-specific land use re -designation of —96 -acres from "Agricultural Resource" to "Rural Residential I" The developer has stated that the basis for this request is that the subject area is not suitable for Agricultural Production and has no long-term commercial agricultural significance The developer states that the subject area no longer has irrigation water rights and in combination with a rocky terrain the land is unsuitable for agricultural production The surrounding properties to the west, east, and south are all designated Agricultural Resource and the properties to the north, across RD 20 -NB, are designated Rural Residential I Based on Staff s review it appears that a re -designation of the subject property would not create an incompatible use with the surrounding lands. The developer has stated that benefits of re -designating the subject area to RR 1 include, but are not limited to, providing additional residential opportunities within close proximity to the Town of Soap Lake Based on Staffs review and after balancing the Goals and Policies of the Comprehensive Plan, Staff recommends approval of the Land Use Re -designation to Rural Residential 1 PLANNING COMMISSION SUMMARY: The primary issues of discussion during the Planning Commission hearing for this project were the conversion of Agricultural Resource lands and the siting of incompatible uses adjacent to existing Agricultural operations During the Planning Commission Hearing a member of the public, Mr Oliver Brown of Soap Lake, spoke in opposition to the proposed re -designation Mr Brown was concerned with the potential adverse impacts from the development of 5 -acre tracts_ He stated the potential impacts to include additional dogs in the area, which may be problematic to livestock, the lack of weed control, the siting of residences in close proximity to existing farming operation creating incompatible uses, and increased garbage in irrigation canals Mr Oliver stated that these potential impacts would be hazardous to the surrounding agricultural operations The Planning Commission discussed their concerns with the continued conversion of agricultural lands to residential use In general the Planning Commission was in agreement with Mr Oliver's concerns Attachment "B" Decisions and Findings of Fact Board of County Comrrussioners Comprehensi,c Plan 2005 Amendments 22 regarding the siting of incompatible uses adjacent to existing agricultural operations The Planning Commission also stated that they felt this was too much land to convert to Rural Residential 1 in this area. PLANNING COMMISSION RECOMMENDATION: Based on the enclosed Findings of Fact the Planning Commission for Grant County has forwarded this proposal to the Board of County Commissioners with a recommendation to deny the proposed Land Use Re -designation of -96-acres from "Agricultural Resource" to "Rural Residential 1" PLANNING COMMISSION FINDINGS OF FACT: The Planning Commission established the following findings of fact in making its decision to recommend denial of this Comprehenso,e Plan Land Use Re -designation. 1 The change would not benefit the public health, safety, and or welfare; 2. The change is not 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 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 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 BOARD OF COUNTY COMMISSIONERS DECISION: The Board of County Commissioners voted unanimously to amend the recommendation of the Planning Commission and approve a Land Use Designation Change from "Agricultural Resource" to "Rural Residential 1" for Butch Milbrandt based on 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 Comprehensioe 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 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 BOCC adopts the Staff Report, complete Staff file and Planning Commission report findings and analysis. 11. The BOCC finds that pursuant to the requirements of the Growth Management Act and the Comprehensive Plan, an analysis has been completed utilizing the required Classification Attachment "B' Deusions and Findings of Fact Board of County Commissioners Comprehensise Plan 2005 Amendments 23 and Designation Criteria for the identification of Agricultural Resource Lands of Long-term Commercial Significance 12 The BOCC finds that the property is primarily devoted to agricultural production. 13 The BOCC finds that the property has long-term commercial significance because the land: (1) has productive growing capacity, (2) is productive, (3) has good sod composition for long-term commercial production, (4) is not located in close proximity to population areas, and (5) does have the possibility for more intense uses 14. The BOCC rinds that the Unified Development Code requirements, including but not limited to Right -to -Farm regulations and notification on plats, budding permits and other development approvals that the property is in proximity to agricultural activities, will provide effective notice to area land owners and physical buffers lessening concerns with incompatibilities *2005-12 File 05-4301 MARC JANETT Land Use Designation Change from Agricultural Resource to Rural Residential I The subject area is forty acres in size with a Comprehensive Plan Land Use Designation of "Agricultural Resource" The applicant has submitted an application requesting a Site Specific Land Use Re -designation to "Rural Residential 1" which would allow the subdivision of this property into five -acre tracts LOCATION: The property is located in the SE 1/4 of the NE 1/4 of Section 28, Township 17 N., Range 26 E., WM near Royal City, WA STAFF ANALYSIS: The applicant has submitted a request for a land use re -designation of —40 -acres from "Agricultural Resource" to "Rural Residential 1". The applicant has stated that the basis for this request is that the subject area is not suitable for agricultural use due to lack of irrigation water and its close proximity to higher density residential uses. The subject properties are surrounded by lands designated as Agricultural Resource lands in the County's Comprehensive Plan. Based on 2002 aerial photography it appears that lands to the east are in agricultural production however, it also appears that none of the subject parcels are in agricultural production The applicant has stated that the proposed amendment will comply with various portions of the County's Comprehensive Plan by 1) providing County residents with the opportunity for living a rural lifestyle, meeting friendly people and housing close to recreational opportunities, 2) providing the opportunity for rural lands related to farming, mining, and rural residential development, and 3) complying with Rural Lands Goal RU -1.4, "to allow rural property owners reasonable economic opportunities for use of their land " In the Resource Lands Sub -Element of the Comprehensive Plan, the County has established criteria for the designation of Lands as "Agricultural Resource Lands of Long Term Significance" In review of the proposed redesignation of 40 acres of Agricultural Resource Lands (Irrigated) to Rural Residential 1, staff has evaluated the subject area against the specified criteria for designation as Agricultural Resource lands. The criteria evaluated includes, but is not limited to, 1) the current and historical tax classification, 2) soil classes, 3) adjacent land uses, and 4) availability of irrigation water A checklist specifying all the criteria used for the evaluation and which criteria were or were not met can be found in file 05-4301. In review of the Agricultural Resource Lands criteria, it appears that in 1999 when Grant County adopted its Comprehensive Plan, the subject area 1) was in the Agricultural Current Use Classification property tax classification, 2) minimally 50% of the soils were Class I —IV soils, 3) did abut agricultural resource lands Attachment `B" Decisions and Findings of Fact Board of County Commissioners Comprehensive Plan 2005 Amendments 24 on at least three sides, thus, the subject parcels did meet the criteria for designation as Agricultural Resource Lands (Irrigated) Since 1999, there has been a change in circumstance, including but not limited to, a request for re- designation by the applicant that merits a re-evaluation of the subject parcels against the criteria for designation as Agricultural Resource lands The change in circumstance includes, but it not limited to, the fact that the property owner has not farmed the subject property Without available irrigation water, the subject parcel does not meet the criteria for designation as Irrigated Agricultural lands Typically, only Class I — IV sods meet the criteria for designation as Agricultural Resource lands However, because the subject parcel 1) does abut Agricultural Resource lands on at least three sides, it does meet the criteria for designation as Agricultural Resource lands In conclusion, based on the review of criteria for designation of Agricultural Resource lands, the subject parcel still meets sufficient criteria as listed below 1. There is no change in circumstances pertaining to the Comprehensive Plan or public policy. 2. There is not a change in circumstances beyond the control of the landowner pertaining to the subject property 3. There wag not an error made in designation of the property as Agricultural Resource. 4. There was no new information on natural resource land or critical area status submitted by the applicant PLANNING COMMISSION SUMMARY After listening to Mr Janett's proposal, several members of the Planning Commission felt this might be a potential spot zoning issue and they had specific concerns about locating residences anywhere near orchard developments or other farming operations due to the problems inherent with over spray, crop dusting planes flying over, and operation of farm machinery in the early morning hours. This area is not anywhere near any Rural Residential zoned property, and would be a forty -acre spot out in the middle of an active agricultural area PLANNING COMMISSION RECOMMENDATION: Based on the enclosed Findings of Fact, and testimony given, the Planning Commission is forwarding this proposal to the Board of County Commissioners with a recommendation to DENY the proposed Land Use Re -designation of 40 acres from "Agricultural Resource" to "Rural Residential I" PLANNING COMMISSION FINDINGS OF FACT: The Planning Commission r the following criteria in making a recommendation to the Board of County Commissioners for denial of the Comprehensive Plan Land Use Re -designation request 1. The change would not benefit the public health, safety, and or welfare; 2. The change is not warranted because of changed circumstances or because of a need for additional property in the proposed land use designation 3 The change is not consistent with the criteria for land use designations specified in the Comprehensive Plan 4 The change will be detrimental to uses or property in the immediate vicinity of the subject property 5. The change does not have merit for the community as a whole. 6. The change, if granted, will 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 ditferent designations. 7 The benefits of the change will not 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 Attachment "B" Decisions and Findings of Fact Board of County Comnussioners Comprehensive Plan 2005 Amendments 25 9. The change does not comply with all other applicable criteria and standards of Chapter 25 12 UDC 10. The Board funds that although the site meets the criteria to be classified as Agricultural Resource, the applicant has not been able to demonstrate that a designation change is warranted because of (1) there has been a change in circumstances pertaining to the Comprehensive Plan or public policy, (2) there has been a change in circumstances beyond the control of the landowner that has occurred pertaining to the subject property, (3) there was an error in the initial designation of the land as Agricultural Resource, or (4) there is new information on natural resource land or critical area status BOARD OF COUNTY COMMISSIONERS DECISION: The Board of County Commissioners voted unanimously to uphold the recommendation of the Planning Commission and deny the Land Use Designation change request from Agricultural Resource to Rural Residential 1 based on the following Findings of Fact, and consideration of Staff's analysis: 1. The change would not benefit the public health, safety, and or welfare; 2 The change is not warranted because of changed circumstances or because of a need for additional property in the proposed land use designation 3. The change is not consistent with the criteria for land use designations specified in the Comprehensive Plan 4. The change will be detrimental to uses or property in the immediate vicinity of the subject property. 5. The change does not have merit for the community as a whole. 6. The change, if granted, will 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 not 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 not comply with all other applicable criteria and standards of Chapter 25 12 UDC 10. The Board finds that although the site meets the criteria to be classified as Agricultural Resource, the applicant has not been able to demonstrate that a designation change is warranted because of (1) a change in circumstances pertaining to the Comprehensive Plan or public policy, (2) a change in circumstances beyond the control of the landowner that has occurred pertaining to the subject property, (3) an error in the initial designation of the land as Agricultural Resource; or (4) new information on natural resource land or critical area status *2005-13 File 054302 SLOUGH INVESTMENT CO. Land Use Designation Change Urban Growth Area Boundary Change. The subject area consists of five parcels totaling -10-acres with a Comprehensive Plan Land Use Designation of "Rural Residential 1". The applicant has submitted an application requesting the subject property be included within the boundary of the Town of Soap Lake's Urban Growth Area (UGA) and a site-specific land use re -designation to "Suburban Residential LOCATION: The subject area consists of Lots 1, 15, 16, 17 & Tract A of the Soap Lake Terrace Plat, lying just north of the Town of Soap Lake on the east side of HWY 17, and is a portion of S 18, T 22 N, R 27 E, WM, Grant County, WA (parcel #'s 08-1633-201, 08-1633-215, 08-1633-216, & 08-1633-217) Attachment "B" Decisions and Findings of Fact Board of County Commissioners Comprehensive Plan 2005 Amendments 26 STAFF ANALYSIS: The applicant has submitted a Comprehensive Plan Amendment requesting a Site Specific Land Use Re- designation and a UGA boundary change to include four (4) parcels totaling —8 93 -acres within the Town of Soap Lake UGA and re -designating them from "Rural Residential I" to "Suburban Residential" The Washington State Growth Management Act contemplates that the size of an UGA will be determined by demand established by a population forecast, as determined by the WA Office of Financial Management, for the required twenty-year planning period As adopted in 1999 and based on a Land Supply and Land Demand Model (See Grant Comity UGA Anal sis, 1999), Grant County's Comprehensive Plan states the unincorporated Soap Lake UGA has an excess of 25 5 -acres of residential land and that no additional land is needed to accommodate the projected population The applicant is requesting a Suburban Residential land use designation, which allows 1-2 units per 2 acres. At this density if approved, the proposed re -designation would potentially allow an additional nine (9) residential units within the Soap Lake UGA. Although, the housing analysis shows that no additional lands are needed within the Soap Lake UGA, Staff does not believe the acreage contemplated in this proposed re -designation is significant and the potential exists to approve the proposed amendment based on its proximity to the Soap Lake town bouts and the availability of water and sewer services The proposed parcels are adjacent to the town limits and it appears could be easily served by water and sewer services Although Staff does not know exactly how far water and sewer services are from the subject parcels Staff would like to note that the text in the application material is not consistent with the mapping provided. The mapping identifies Tract A of the Soap Lake Terrace Plat to be included within the proposed amendment However, the text indicates only four parcels are to be included in the proposed amendments. Staff contacted the Assessor's office and found that Tract A is omitted parcel that has not been taxed and does not have its own parcel number The Assessor's office will be correcting this error and a new tax parcel number will be provided for Tract A It appears that the same individual, Mr Hancock Slough, owns the parcels included in the proposed amendment as well as Tract A of the Soap Lake Terrace Plat Staff would like the applicant to clarify this discrepancy prior to a decision being made Also, for your consideration the Soap Lake Terrace Plat restricts Tract A by having the following Development Note recorded on the Plat "Note A TRACT A IS UNBILDABLE DUE TO LOT SIZE, CRITICAL AREA HABITAT AND SHORELINE CONCERNS NO STRUCTURES OF ANY KIND SHALL BE PERMITTED ON TRACT A " Based on Staff's review and after balancing the Goals and Policies of the Comprehensive Plan, Staff recommends approval of the UGA Expansion and Land Use Re -designation to Suburban Residential. PLANNING COMMISSION SUMMARY: The discussions for this project centered on three primary topics 1) the creation history of this subject area, 2) the creation of an island of non-UGA land surrounded by the Soap Lake Town limns and UGA land, and 3) the Town of Soap Lake's position or knowledge of the proposed UGA expansion. Discussion on the creation history of the subject area was centered on whether Tract A of the Soap Lake Terrace Plat was in fact an individual parcel or was a portion of Lot 1 Staff affirmed that Tract A was its own parcel even though it does not have an individual tax parcel number at this time The discussion about creating an island of non-UGA land was initiated by Planning Staff in order to bring the issue to attention The issue was that if Tract A was included in the proposal an island of non-UGA land owned by Las Brisas would be created Staff recommended against the creation of the island As a result of this discussion the Planning Commission included in their recommendation the removal of Tract A Attachment "B" Uwsions and Findings of Pact Board of County Commissioners Comprehensive Plan 2005 Amendments 27 from the request The agent for the applicant was present at the public hearing and was not opposed to the removal of Tract A. Finally, the Planning Commission discussed the Town of Soap Lake's involvement in the proposed re- designation and UGA expansion Staff explained that the SEPA determination was sent to the Town of Soap Lake for review and comment, and as of the date of the hearing no comment had been received Planning Commission members discussed their concern with a approving an UGA expansion without the jurisdictional town or city being involved or aware of the proposal Based on this discussion the Planning Commission placed a contingency on their recommendation that the Town of Soap Lake provide comment acknowledging the UGA change, and if their comment were to be against the proposal the Planning Commission's recommendation would change from approval to denial No other issues were discussed during the planning commission hearing PLANNING COMMISSION RECOMMENDATION: Based on the enclosed Findings of Fact the Planning Commission for Grant County has forwarded this proposal to the Board of County Commissioners with a recommendation to approve the proposed Land Use Re -designation of —9 -acres, excluding Tract A of the Soap Lake Terrace Plat, from "Rural Residential 1" to "Suburban Residential" and expansion of the Town of Soap Lake's UGA The recommendation of approval is contingent on receiving a comment from the Town of Soap Lake confirming they are aware of the proposed expansion of the UGA, and that their comment not be in opposition to the expansion. PLANNING COMMISSION FINDINGS OF FACT: The Planning Commission established the following findings of fact in making its decision to recommend approval, as amended, of this Comprehensive Plan Land Use Re -designation and Urban Growth Area Boundary change: 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 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, BOARD OF COUNTY COMMISSIONERS DECISION: The Board of County Commissioners voted unanimously to uphold the recommendation of the Planning Commission and change the Land Lse Designation from "Rural Residential 1" to "Suburban Residential" for and expand the Ephrata Urban Growth Area Boundary to include parcel Ws 08-1633-201,08-1633-215,08-1633-216, and 08-1633-217, excluding Tract A of the Soap Lake Terrace Plat, for the Slough Investment Co. based on 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 Comprehensne Plan 2005 Amendments 28 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 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. Attachment "B" Decisions and Findings of Fact Board of County Commissioners Comprehensive Plan 2005 Amendments 29