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HomeMy WebLinkAboutResolution 06-207-CCBOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON RESOLUTION NO. D � — 02 d �7 — 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 to include a Major Industrial Development as allowed in RCW 36.70A.365. 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 1st 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 36.70A RCW required Grant County to adopt a Comprehensive Plan that meets specified GMA goals and addressed the mandated GMA elements, and; WHEREAS, after complete review of the public record for the State Environmental Review process, the Grant County Planning Commission issued a Final Environmental Impact Statement on July, 2, 1999, and subsequent addendums through 2006, 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; 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, Grattt County Board of County Cornrnunonm Resolution Adoptmg a Major Industnal Development To the Grant County Comprehensive Plan 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, except as allowed under the provision of RCW 36.70A.365 for Major Industrial Developments, and; WHEREAS, policy amendments may be initiated by the County or by other entities, organizations, or individuals through petition, and; WHEREAS, a petition 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, this amendment to the Comprehensive Plan was processed under RCW 36.70A.365 as a Mayor Industrial Development outside of the regular Comprehensive Plan Amendment Cycle, which includes an expansion of the Moses Lake Urban Growth Area Boundary and a Site Specific Land Use of 66.9 acres from "Agricultural Resource" to "Industrial (Urban)", and; WHEREAS, a public hearing was conducted by the Planning Commission on July 5, 2006, to hear staff's recommendation and take public testimony on the proposed amendment to the Grant County Comprehensive Plan, and; WHEREAS, following the Open Record Public Hearing the Planning Commission made a recommendation to approve the proposed comprehensive plan amendment with three (3) conditions of approval and established Findings of Fact for the 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 amendment, and; WHEREAS, in accordance with State Law (RCW 36.70A.365) and the County's Comprehensive Plan the proposed Major Industrial Development has been reviewed for compliance and preliminarily appears to comply with the criteria established for the approval of a Major Industrial Development including, but not limited to, the provision of new infrastructure, transit -oriented site planning and traffic management, buffering between incompatible uses, environmental protection, establishment of appropriate development regulations, and mitigation of adverse impacts, 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 Grant County Board of County Connntsstoners Resolution Adopting a Major Industrial Development To the Grant County Comprehensive Plan 2 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 the 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 of the Guardian Fiberglass Comprehensive Plan amendments including, an Urban Growth Boundary Change and Site Specific Land Use Re -designation, 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 this action. 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 7 day of 2006. DATED this ?� day of / UA�( - , 2006. BOARD OF COUNTY COMMISSIONERS Yea Nay Abstain G COUNTY WASHINGTON 2" El 11 :�'J A � D � Richard Stevens, Chair ATTEST: C c Deborah Kay Moore, Member Clerk the oa d / ❑ ❑ Q LeRoy Allison, em er Grant County Board of County Commissioners Resolution Adopting a Major Industrial Development To the Grant County C omprehensne Plan 3 ATTACHMENT "A" GRANT COUNTY COMPREHENSIVE PLAN AMENDMENT GUARDIAN FIBIERGLASS MAJOR INDUSTRIAL DEVELOPMENT 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 inappropnate 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 RCW 36.70A.365 sets for a set of criteria with which a Major Industrial Development should comply. During the amendment public hearing process and in the findings of fact, the Planning Commission and Board of County Commissioners considered the criteria as set forth in state law and the County's Comprehensive Plan, weighed them as they apply to the subject matter of these findings, and have attempted to achieve a reasoned balance among them. Section 2 - Public Participation 2.1 In accordance with Grant County Code Chapter 25.12 — Legislative Actions, the Planning Commission held an open record public hearing on July 5, 2006, at which time testimony was taken from interested agencies, organizations, and individual citizens, regarding the proposed amendment, as well as the addendum to the 1999 EIS 2.2 Board of County Commissioners and Planning Commission meetings, hearings, and study sessions requiring "legal notice" were advertised in the local paper of record pursuant to the requirements of RCW 36.70 and the Grant County Unified Development Code Copies of the proposed amendment and the 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 Attachment"A" Grant County Comprehensive Plan Amendment 2006 General Findings of Fact. an opportunity to do so. Public testimony and written correspondence were given full consideration as part of the amendment process. 2.3 The existing enhanced public participation policies within Grant County ensure that the public had an opportunity to provide meaningful comments on the proposed amendments. 2.4 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 The petition for site-specific land use redesignations was reviewed for conformance with pertinent provisions of the Grant County Comprehensive Plan and Unified Development Code. 3.2 In reviewing the amendment, 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 with conditions this application for a change of designation based on the following criteria: (a) The change would benefit the public health, safety, and/or welfare; (b) The change is warranted because of changed circumstances or because of a need for additional property in the proposed land -use designation. (c) The change is consistent with the criteria for land use designations specified in the Comprehensive Plan. (d) The change will not be detrimental to uses or property in the immediate vicinity of the subject property. (e) The change has merit and value for the community as a whole (f) The change, if granted, will not result in an enclave of property owners enjoying greater privileges and opportunities than those enjoyed by other property owners in the vicinity where there is not substantive difference in the properties themselves with different designations. (g) The benefits of the change will outweigh any significant adverse impacts of the change (h) The change is consistent with the purpose and intent of the Comprehensive Plan and the requirement s of Grant County Code Titles 22, 23, 24, and 25; and (i) The change complies with all other applicable criteria and standards of GCC Chapter 25 12 Attachment -A" Grant County Comprehensive Plan Amendment 2006 General Findings of Facf. 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 Detailed applications along with supporting documentation and staff reports are made a part of this recommendation. Attachment `A" Grant County Comprehensive Plan Amendment 2006 General Findings of Fact. ATTACHMENT `B' FINAL ACTION AND FINDINGS OF FACT BOARD OF COUNTY COMMISSIONERS COMPREHENSIVE PLANAMENDMENT GUARDIAN FIBERGLASS *06-4423 GUARDIAN FIBERGLASS FACILITY Approval of a Major Industrial Development under RCW 36.70A.365 including, and Urban Growth Area Boundary Change and a Site Specific Land Use Designation Change from "Agricultural Resource" to Industrial (Urban). A Comprehensive Plan Amendment, processed under RCW 36 70A 365 as a Major Industrial Development, including an Urban Growth Area (UGA) Boundary Change to Include approximately 66 9 -acres within the City of Moses Lake's UGA, and a Site Specific Land Use Re -designation from "Agricultural Resource" to "Industrial (Urban)" for the location and construction of an —750,000 square foot production process and warehouse for the manufacturing of residential fiberglass insulation LOCATION: The site address of the subject parcel is 3937 RD N NE, Moses Lake, also known as Fane Unit 61 Block 41, and is located approximately one mile north of the intersection of Wheeler RD and RD N NE on the east side of RD N NE; and is a portion of the NW I/4 of Section 16, Township 19 N, Range 29 E, WM, Grant County. (Parcel #19-0449-000) STAFF ANALYSIS: The applicant has submitted a Comprehensive Plan Amendment requesting the establishment of a Major Industrial Development under RCW 36 70A.365, which includes an UGA Boundary Change and Site Specific Land Use Re -designation for a 66.9 -acre site. The amendment is requesting the inclusion of the subject parcel into the City of Moses Lake's UGA and re- designation of the subject parcel from "Agricultural Resource" to "Industrial (Urban)" for the location and construction of an—750,000sgft production process and warehouse for the manufacturing of residential fiberglass insulation. This Comprehensive Plan Amendment is being processed under RCW 36.70A 365 as a Major Industrial Development (MID), as authorized outside of the regular comprehensive plan amendment cycle In review of the proposed Comprehensive Plan Amendment Staff found the issues for consideration to include- 1) compliance with RCW 36.70A.365, 2) the re -designation of Agricultural Resource lands, and 3) the need for additional industrial lands within the Moses Lake UGA RCW 36 70A 365 provides a provision for counties required or choosing to plan under RCW 36.70A 040 to establish a process for reviewing and approving proposals to authorize siting of specific Major Industrial Developments. This provision allows for the amendment of the County's comprehensive plan, for the siting of a Major Industrial Development (MID), outside of the yearly comprehensive plan amendment cycle. Attachment "B" Dmision and Findings of Fact Board of County Commissioners Comprehensive Plan Amendment Guardian Fiberglass RCW 36.70A.365 defines a "Major Industrial Development" as "a master planned location for a specific manufacturing, industrial, or commercial business that. (a) Requires a parcel of land so large that no suitable parcels are available within an urban growth area, or (b) is a natural resource-based Industry requiring a location near agricultural land, forest land, or mineral resource land upon which it is dependent. The major industrial development shall not be for the purpose of retail commercial development or multi -tenant office parks " Also, RCW 36 70A.365 states that a major industrial development may be approved if certain criteria are met These criteria include, but not limited to the following. (a) New infrastructure is provided for and/or applicable impact fees are paid; (b) Transit -oriented site planning and traffic demand management programs are implemented; (c) Buffers are provided between the major industrial development and adjacent non- urban areas; (d) Environmental protection including air and water quality has been addressed and provided for; (e) Development regulations are established to ensure that urban growth will not occur in adjacent non -urban areas, (f) Provision is made to mitigate adverse impacts on designated agricultural lands, forest lands, and mineral resource lands; (g) The plan for the major industrial development is consistent with the county's development regulations established for protection of critical areas, and (h) An inventory of developable land has been conducted and the county has determined and entered findings that land suitable to site the major industrial development is unavailable within the urban growth area Priority shall be given to applications for sites that are adjacent to or in close proximity to the urban growth area. To show how the proposed amendment meets the criteria specified above the applicant has provided supplemental information (See Attachment "A"), including an inventory of developable lands. outlining how the proposed project complies with the criteria set forth above. Upon review it appears that the proposed "Major Industrial Development" preliminary complies with the criteria as established in RCW 36 70A 365, moreover, additional application materials which may include studies, reports, and/or supplemental information, will be required in order to ensure compliance with the above listed criteria. In the Resource Lands Sub -Element of the County's 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 re -designation of —66 9 -acres of Agricultural Resource Lands (Irrigated) to Industrial (Urban) and UGA expansion, Staff has evaluated the subject area against the specified criteria for designation as Agricultural Resource Lands A checklist specifying all the criteria used for the evaluation can be found in file #06-4423 Based on the review of criteria for designation of Agricultural Resource lands the subject parcel appears to meet sufficient criteria for designation as Irrigated Agricultural Resource Land. However, Grant County's Comprehensive Plan contemplates and allows for the re -designation of Agricultural Resource Lands when said lands are designated by Grant County for urban development in the County's Comprehensive Plan, as may be amended (Grant County Comprehensive Plan, Resource Lands Sub -Element, 1999, pg. 5RE-10) Moreover, the water allotment currently provided to this site can be returned to the Bureau of Reclamation for re - allotment to another site, thus creating "no net loss in irrigated agricultural lands" Attachment `B" Decision and Findings of Fact Board of County Commissioners Comprehensive Plan Amendment Guardian Fiberglass 2 The Washington State Growth Management Act contemplates that the amount of land designated for industrial 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 Historical Trends Model (See Grant County UGA Analysts, 1999). Grant County's Comprehensive Plan found that if growth continued at its historical pace there would be a shortage of land designated for industrial growth in the Moses Lake UGA. Also, the Moses Lake UGA analysis identified the Wheeler Corridor as an area of high growth potential for industrial developments If approved the subject area would be approximately one half mile north of Wheeler Road, placing the proposed development in close proximity to one of the major industrial corridors in Grant County Other features making this site compatible with industrial development include, but are not limited to: 1) proximity to railroad access, 2) adjacency to UGA, 3) adjacency to other industrially zoned lands and uses, 4) proximity to public facilities, and 5) proximity to Interstate 90 and the Grant County international Airport. First, the subject area is bordered by rail lines on the eastern property line providing easy access to rail transportation. Second, the subject parcel borders the City of Moses Lake's UGA along the southern property line Third, property to the south is zoned Heavy Industrial, helping reduce incompatibility with adjacent lands Fourth, the subject site is located in an area where public facilities, such as, sewer and water services, large- scale power access, and public roads exist and/or are readily available. Finally, the subject parcel is located within 3 miles of Interstate 90 providing the necessary transportation links needed for the Guardian Fiberglass LLC facility Based on discussions with the Washington State Office of Community Trade and Economic Development regarding the capacity to serve the proposed development with water and sewer services, potential traffic impacts. the potential for incompatible uses, environmental protection, the mitigation of potential impacts to adjacent resource lands uses, and the de -designation of agricultural resource lands, following the Public Hearing conducted by the Planning Commission, Staff would like to provide the following supplemental analysis for consideration by the Board of County Commissioner's prior to rendering a final decision. Based on the County's understanding of the responses received and the information provided thus far by the City of Moses Lake, the City has adequately evaluated capacity issues and the potential impacts of this project on the City's sewer and water systems Moreover, it is the County's understanding that in the City's judgment, their analysis and review has found that there is in fact adequate capacity and that due consideration has been given to any potential impacts fees for these services. The City's ability to provide the necessary sewer and water infrastructure is clearly articulated in the approved Development Agreement, which was signed by the parties and recorded with the Grant County Auditor June 28, 2006. Based on the County's review of the project, there will not be a substantive impact on the local street systems. In addition to the responses provided by Guardian Industries, Staff would like to highlight the following items regarding transit -oriented site planning and traffic demand management There will be several forms of transit -oriented site planning and traffic demand management actions being implemented with this project that will be available during both the construction phases and upon project completion The first is the Grant County Transit Authority (GTA) currently provides public transit service adjacent to the site (the corner of Wheeler Road and Road N). GTA operations can potentially provide bus service to and from the site for both Attachment "B" Decision and Findings of Fact Board of County Commissioners Comprehensive Plan Amendment Guardian Fiberglass 3 the employees of the completed project as well as the temporal labor associated with its development In addition, the planned use of a siding connection with the abutting rail line will also be a form of transit -oriented site planning and traffic demand management that will reduce the movement numbers of freight trucks to and from the site. Pursuant to the information provided in the development proposal submitted by Guardian Industries, undeveloped areas will be provided and maintained between the developed project area and adjacent non -urban areas that will provide reasonable separation between the agricultural lands to the north and east. Moreover, based on the characteristics of the development, including but limited to. the characteristics of the physical structures, their locations within the project site, the continued agricultural uses anticipated for portions of the site, and the substantial areas that will be left undeveloped surrounding the facility, the project as proposed will not create any substantive issues with regard to "operational incompatibility" with the adjacent land uses. Environmental protection including air and water quality has been adequately addressed. Prior to commencing operations, the Washington State Department of Ecology will have issued an air quality permit that addresses the parameters and acceptable limits that the final Guardian project will be required to operate under. Moreover, throughout this effort the County has been in close contact with DOE in order to coordinate and monitor both state and local processes Through their analysis and review for adequate capacity and consideration of necessary impact fees, the City of Moses Lake has reviewed their ability to adequately address water quality issues. In addition, studies will be completed and int igation may be required for any critical areas located on the site, including but not limited to area wetlands. The County has reviewed the Unified Development Code (UDC) in order to determine whether or not. a) adequate provisions are in place in order to mitigate adverse impacts on designated agricultural lands, and b) the development regulations ensure urban growth will not occur in adjacent non -urban areas. First, in addition to the projects development design which concentrates the project in the middle of the site, the characteristics of the physical structures themselves, the continued agricultural uses anticipated for portions of the site, the substantial areas that will be left undeveloped surrounding the facility, and the Unified Development Code requirement to establishment a minimum 100 -foot special Ag Setback along abutting Agricultural Resources Lands, adequate provisions are m place and will mitigate any potential adverse impacts on designated agricultural lands Second, Staff has reviewed the UDC and believes that adequate provisions are also in place in order to control the development of adjacent area rural lands Specifically, including but not limited to, urban growth will not take place on the adjacent rural lands pursuant to GCC 23 04 050(c), which states that the extension of urban public services are prohibited from being extended outside the boundaries of the City's UGA, etc. Pursuant to WAC 365-190-050, the de -designation process of Agricultural Resources Lands requires the re-evaluation and application of the criteria for designation, and as stated above, this analysis has been completed In addition, however, it should be noted that there has in fact been a substantial change in circumstances that supports the proposed de -designation of this site First, the relationship of this site to the existing Urban Growth Area of the City of Moses Lake and its close proximity to fully developed heavy industrial uses Second, this site is in close proximity to both urban sewer and water services from the City of Moses Lake Moreover, a development agreement has been entered into between the City, Guardian Industries and Grant County regarding the delivery of said services. Third, the development pattern, which includes a central development area with large undeveloped and ongoing ag practices surrounding the project are Attachment "B" Decision and Findings of Fact Board of County Commissioners Comprehensive Plan Amendment Guardian Fiberglass 4 consistent with the areas land use settlement patterns and are fully compatible with agricultural practices in this area Fourth, the Intensity of the area industrial land uses are of the same or even greater Intensity Based on the above changes In circumstances, the de -designation of 66.9 acres of Agricultural Resource Lands is.justified and warranted. Moreover, the de -designation of Ag -resource lands through the application of the special provisions of RCW 36 70A 365 does not set a precedence suggesting the potential for the uncontrolled conversion agricultural lands This is a unique project proposal with a very limited scope and is very unlikely to happen again The establishment of a Major Industrial Development is an extremely restricted opportunity that must meet the stringent criteria established by law, which if met, only allow for the development of a single specifically identified Industrial proposal that cannot otherwise find a suitable site within an existing urban growth area. Therefore, it is Staff belief that there will be no long-term negative cumulative effects of de -designating this 66 9 -acre site on the remaining Agricultural Resource Lands in Grant County Based on Staff s review and after balancing the Goals and Policies of the Comprehensive Plan, existing area conditions, the criteria of the Washington State Growth Management Act, Staff recommends approval of the proposed Major Industrial Development, which includes an UGA Expansion and Land Use Redesignation to Industrial (Urban) PLANNING COMMISSION SUMMARY: During the Planning Commission Hearing, commission members had several questions for Staff and the applicant, as well as, several members from the public spoke in favor of the proposed Major Industrial Development. Some of the primary questions that were asked include, but are not limited to- 1) What impact will this amendment have on previous industrial lands analysis that states a surplus of industrial lands may already exist in the Moses Lake UGA" and 2) In the analysis's of all UGAs in Grant County, was population the main factor in eliminating other potential sites within other UGAs in consideration for this project? In attempting to answer the first questions Staff explained that although various parcels may be available within the UGA, pursuant to RCW 36 70A.365 no suitable sites within the UGA were available meeting the needs of the proposed development; therefore the analysis of the gross available lands within the UGA would not be effected by this proposal. Moreover, one of the primary purposes of RCW 36 70A 365 is to provide the opportunity to site a major industrial development that would otherwise be lost due to not having a suitable site available within an established UGA Also, Staff noted that because of the unique siting requirements for the Guardian facility other factors were included in selecting the site, such as, access to rail, access to I-90, and access to an adequate workforce, as required for a Major Industrial Development Also, Mr. Rick John of Guardian Fiberglass Inc. explained that in looking for a suitable site in Grant County, the available workforce played a major role in site selection, and that the Moses Lake area provided the best opportunity for Guardian to be able to hire, train, and retain the workforce needed for the fiberglass manufacturing facility. Terry Brewer and Ralph Kincaid both spoke in favor of the proposed Comprehensive Plan Amendment. Mr. Brewer detailed the process in trying to find an adequate site for the Guardian facility in Grant County and brief history of the Guardian Fiberglass Company. Attachment "B" Decision and Findings of Fact Board of County Comrrussioners Comprehensive Plan Amendment Guardian Fiberglass 5 PLANNING COMMISSION RECOMMENDATION: Atter careful and through consideration in reviewing the complete record, including but not limited to the application materials, the Planning Department file, and receiving public comment and testimony, 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 Major Industrial Development pursuant to RCW 36 70A 365, which includes an expansion of the City of Moses Lake's UGA Boundary and re -designation of a 66 9 -acre parcel from Agricultural Resource to Industrial (Urban), parcel # 19-0449.000. PLANNING COMMISSION FINDINGS OF FACT: The Planning Commission established the following findings of fact in making its decision to recommend approval of this Major Industrial Development including a Comprehensive Plan Land Use Re -designation and Urban Growth Area Boundary change. 1. The Planning Commission adopts the Staff Report, complete Staff file and analysis. 2. The change (would) benefit the public health, safety, and or welfare; 3. The change (is) warranted because of changed circumstances or because of a need for additional property in the proposed land use designation; 4. The change (is) consistent with the criteria for land use designations specified in the Comprehensive Plan, 5. The change (will not) be detrimental to uses or property in the immediate vicinity of the subject property, 6. The change (does have) merit for the community as a whole; 7. 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, 8. The benefits of the change (will) outweigh any significant adverse impacts of the change; 9. The change (is) consistent with the purpose and intent of the Comprehensive Plan and the requirements of GCC 22, 23, 24 and 25, 10. The Planning Commission (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, 11. The Planning Comrnission (finds) that the Unified Development Code requirements. including but not hmited to, Right -To -Farm regulations, notification on plats, building permits, and other development approvals, will provide effective notice to area land owners and physical buffers lessening concerns with incompatibilities with the adjacent agricultural activities, 12 The Planning Commission (flnds) that, although the site meets the criteria to be classified as Agricultural Resource, the applicant has demonstrated that a designation change is warranted through meeting the criteria required for locating Major Industrial Development pursuant to 36 70A.365, 13 The Planning Commission (finds) that because of the unique characteristics of this site which include 1) proximity to railroad access, 2) adjacency to UGA, 3) adjacency to other industrially zoned lands and uses, 4) proximity to public facilities, and 5) proximity to Interstate 90 and the Grant County International Airport, de -designating this site will not substantially interfere with the Growth Management Act and the Goals and Policies of the Attachment "B" Decision and Findings of Fact Board of County Comrmssioners Comprehensive Plan Amendment Guardian Fiberglass 6 Comprehensive Plan for the preservation of County -wide Agricultural Resource lands within Grant County; 14. The Planning Cominission (does not find) that the property has long-term commercial agricultural significance because the land is located in close proximity to population areas, developed industrial lands, industrial infrastructure and has the possibility of more intense uses pursuant to 36.70A 365, 15 The de -designation of 66.9 -acres of Irrigated Agriculture for the purpose of a Major Industrial Development (will not) be detrimental to the long-term viability of the overall agricultural lands in Grant County; 16 Except for the those area anticipated for ongoing agricultural production, the water allotment currently delivered to the site (may) be returned to the Bureau of Reclamation and re -assigned to another location in order to have a "no net loss of Irrigated Agricultural lands"; 17. The County (has) consulted with the City of Moses Lake throughout the entire process of establishing the Guardian Fiberglass LLC proposal as a Major Industrial Development. 18 The change (does) comply with all other applicable criteria and standards of Chapter 25.12 UDC; 19. An inventory of developable land (has) been conducted pursuant to RCW 36.70A.365; and 20. The County (has) detemuned that land suitable to site the Major Industrial Development (are) unavailable within an urban growth area 21. The subject area (is) adjacent to an existing urban growth area. 22. Development regulations (are) established to ensure that urban growth will not occur in adjacent non -urban areas, 23. Based on the initial reports, various land use application materials and communications provided by Guardian Fiberglass LLC, the following findings are hereby made establishing preliminary compliance with the criteria of approval within RCW 36.70A.365(2), the Comprehensive Plan and Unified Development Code - (a) New infrastructure (will) be provided for and/or applicable impact fees (will) be paid; (b) Transit -oriented site planning and traffic demand management programs (will) be reviewed, (c) Buffers (will) be provided between the Major Industrial Development and adjacent non -urban areas, (d) Environmental protection including air and water quality (will) be addressed and provided for, (e) Provision (will) been made to mitigate adverse impacts on designated agricultural lands, forest lands, and mineral resource lands, (f) The plan for the major industrial development (will) consistent with the county's development regulations established for protection of critical areas, and 24 Pursuant to RCW 36.70A.365(2), final approval of the Guardian Fiberglass facility will require additional review, including but not limited to, review and approval of land use application materials that may include the submission of supplemental studies, reports, and other information as necessary in order to ensure full compliance with the criteria of approval outlined in 23 (a) through 23.(f) above CONDITIONS OF APPROVAL: The following are the conditions of approval that have been included by the Grant County Planning Commission in their recommendation to the Board of County Commissioners: Attachment "B" Decision and Findings of Fact Board of County Commissioners Comprehensive Plan Amendment Guardian Fiberglass 7 1. The Comprehensive Plan Amendment shall be approved only for the Guardian Fiberglass LLC development proposed on Parcel Number 19-0449-000 2. In the event Guardian Fiberglass LLC does not Initiate site development within 2 -years of the date of approval of this Comprehensive Plan Amendment, Parcel Number 19-0449- 000 shall automatically revert back to the prior land use designation of Irrigated Agriculture and be removed from the City of Moses Lake Urban Growth Area. 3. No other development proposal shall be allowed at this site, other than those directly related to project expansions proposed by Guardian Fiberglass LLC or its successors. BOARD OF COUNTY COMMISSIONERS DECISION: The Board of County Commissioners voted unanimously to uphold the recommendation of the Planning Commission and approved the Guardian Fiberglass Major Industrial Development including, a change of Land Use Designation from "Agricultural Resource" to "Industrial (Urban)", and inclusion of 66.9 -acres (Parcel # 19-0449-000) within the Moses Lake Urban Growth Area Boundary. The Board of County Commissioners approved the proposal as submitted based on the following Findings of Fact with three (3) conditions of approval: 1. The Planning Commission adopts the Staff Report, complete Staff file and analysis. 2. The change (would) benefit the public health, safety, and or welfare; 3. The change (is) warranted because of changed circumstances or because of a need for additional property in the proposed land use designation, 4. The change (is) consistent with the criteria for land use designations specified in the Comprehensive Plan; 5. The change (will not) be detrimental to uses or property in the immediate vicinity of the subject property, 6. The change (does have) merit for the community as a whole; 7. 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, 8. The benefits of the change (will) outweigh any significant adverse impacts of the change; 9. The change (is) consistent with the purpose and intent of the Comprehensive Plan and the requirements of GCC 22, 23, 24 and 25, 10. The Planning Commission (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, 11. The Planning Commission (finds) that the Unified Development Code requirements, including but not limited to, Right -To -Farm regulations, notification on plats, building permits, and other development approvals, will provide effective notice to area land owners and physical buffers lessening concerns with incompatibilities with the adjacent agricultural activities, 12. The Planning Commission (finds) that, although the site meets the criteria to be classified as Agricultural Resource, the applicant has demonstrated that a designation change is warranted through meeting the criteria required for locating Major Industrial Development pursuant to 36 70A.365; 13. The Planning Commission (finds) that because of the unique characteristics of this site which include 1) proxinuty to railroad access, 2) adjacency to UGA, 3) adjacency to Attachment "B" Decision and Findings of Fact Board of County Commissioners Comprehensirve Plan Amendment Guardian Fiberglass 8 other industrially zoned lands and uses, 4) proximity to public facilities, and 5) proximity to Interstate 90 and the Grant County International Airport, de -designating this site will not substantially Interfere with the Growth Management Act and the Goals and Policies of the Comprehensive Plan for the preservation of County -wide Agricultural Resource lands within Grant County, 14. The Planning Commission (does not find) that the property has long-term commercial agricultural significance because the land is located in close proximity to population areas, developed Industrial lands, industrial infrastructure and has the possibility of more intense uses pursuant to 36.70A.365; 15. The de -designation of 66 9 -acres of Irrigated Agriculture for the purpose of a Major Industrial Development (will not) be detrimental to the long-term viability of the overall agricultural lands in Grant County; 16. Except for the those area anticipated for ongoing agricultural production, the water allotment currently delivered to the site (may) be returned to the Bureau of Reclamation and re -assigned to another location in order to have a "no net loss of Irrigated Agricultural lands"; 17. The County (has) consulted with the City of Moses Lake throughout the entire process of establishing the Guardian Fiberglass LLC proposal as a Major Industrial Development 18. The change (does) comply with all other applicable criteria and standards of Chapter 25_ l2 UDC; 19. An inventory of developable land (has) been conducted pursuant to RCW 36.70A 365; and 20. The County (has) determined that land suitable to site the Major Industrial Development (are) unavailable within an urban growth area 21. The subject area (is) adjacent to an existing urban growth area. 22. Development regulations (are) established to ensure that urban growth will not occur in adjacent non -urban areas, 23. Based on the initial reports, various land use application materials and communications provided by Guardian Fiberglass LLC, the following findings are hereby made establishing preliminary compliance with the criteria of approval within RCW 36.70A.365(2), the Comprehensive Plan and Unified Development Code (g) New infrastructure (will) be provided for and/or applicable impact fees (will) be paid; (h) Transit -oriented site planning and traffic demand management programs (will) be reviewed, (i) Buffers (will) be provided between the Major Industrial Development and adjacent non -urban areas, (j) Environmental protection including air and water quality (will) be addressed and provided for, (k) Provision (will) been made to mitigate adverse impacts on designated agricultural lands, forest lands, and mineral resource lands, (1) The plan for the major industrial development (will) consistent with the county's development regulations established for protection of critical areas, and 24. Pursuant to RCW 36 70A 365(2), final approval of the Guardian Fiberglass facility will require additional review, including but not limited to, review and approval of land use application materials that may include the submission of supplemental studies, reports, and other information as necessary in order to ensure full compliance with the criteria of approval outlined in 23 (a) through 23.(f) above Attachment "B" Dwsion and Findings of Faet Board of County Commissioners Comprehensive Plan Amendment Guardian Fiberglass 9 CONDITIONS OF APPROVAL: The following are the conditions of approval that have been included by the Grant County Board of County Commissioners In their decision to approved the proposed Comprehensive Plan Amendment: 1. The Comprehensive Plan Amendment shall be approved only for the Guardian Fiberglass LLC development proposed on Parcel Number 19-0449-000. 2. In the event Guardian Fiberglass LLC does not initiate site development within 2 -years of the date of approval of this Comprehensive Plan Amendment, Parcel Number 19-0449-000 shall automatically revert back to the prior land use designation of Irrigated Agriculture and be removed from the City of Moses Lake Urban Growth Area 3. No other development proposal shall be allowed at this site, other than those directly related to project expansions proposed by Guardian Fiberglass LLC or its successors. Attachment "B" Decision and Findings of Pact Board of County Commissioners Comprehensive Plan Amendment Guardian Fiberglass 10