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HomeMy WebLinkAboutOrdinance 07-057-CCBOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON ORDINANCE No. 07- 059 -CC An ordinance relating to amendment of the Grant County Zoning Map changing approximately 12 acres owned by Tim Mc Namara, in a portion of Section 14, Twp. 22 N. Rug. 26 E WM., from Agriculture to Rural Residential 1 Recitals: WHEREAS, in compliance with the Growth Management Act of 1990, Grant County adopted a Comprehensive Plan in September of 1999; and WHEREAS, Grant County adopted the Unified Development Code (UDC) in October of 2000, establishing official zoning districts in conformance with the Comprehensive Plan; and, WHEREAS, the Unified Development Code Chapter 25 12 "Legislative Actions" § 040 establishes a process for making Amendments to the Comprehensive Plan, and, WHEREAS, the Unified Development Code Chapter 23.04 "Zoning Districts" § 150 establishes a process for Minor Zoning Amendments which are consistent with the goals and policies of the Comprehensive Plan, and, WHEREAS, Resolution No 06 -269 -CC "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", was signed by the Grant County Board of Commissioners, and, WHEREAS, Resolution No. 06 -269 -CC included approval of Amendment #2006-4573 submitted by Tim McNamara, changing the Comprehensive Plan Land Use designation from Agriculture to Rural Residential 1 and, WHEREAS, an application (#07-4696) for a Minor Zone Change has been processed in accordance with the UDC Chapter 23 04 "Zoning Districts", Chapter 24 04 "SEPA", and Chapter 25 04 "Permit Application Review Procedures", and, WHEREAS, the Grant County Planning Commission held an Open Record Public Hearing regarding this proposed zone change, during their regular meeting on September April 4, 2007, after which they voted unanimously to recommend approval of this minor zone change, and, WHEREAS, the Grant County Board of Commissioners held a Closed Record Public Hearing regarding this proposed zone change on May 8, 2007; and, WHEREAS, after consideration of the Planning Commissions report, and staff comments, the Board of County Commissioners voted to approve this zone change; and, WHEREAS, the Grant County Board of Commissioners have adopted the following thirteen "Findings of Fact" established by the Planning Commission in support of their recommendation for approval of this zone change. 1. The proposed rezone will not be contrary to the intent or purposes and regulations of the Grant County Code or the Comprehensive Plan, 2. The property in question is suitable for uses allowed under the proposed zoning district; 3 Uses allowed under the proposed zone change are compatible with neighboring land uses; 4 The proposed rezone can be served by adequate facilities including access, fire protection, water, storm -water control, and sewage disposal facilities, 5. Substantial changes exist to warrant an amendment to the current zoning district; 6. A public need exists for the proposed rezone. Public need shall mean that a valid public purpose, for which the comprehensive plan and this chapter have been adopted, is served by the proposed rezone 7. The proposed rezone will not result in significant adverse impacts on the human or natural environments that cannot be mitigated by conditions of approval, 8. The cumulative impact of additional requests for like actions (the total of the rezones over time or space) will not produce significant adverse effects to the environment that cannot be mitigated by conditions of approval, 9 The pedestrian and vehicular traffic associated with the rezone will not be hazardous to existing and anticipated traffic in the neighborhood, and 10 The complete staff report and analysis, were reviewed by the Board of County Commissioners 11. The Board of County Commissioners does find 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 Board of County Commissioners does not find that the property has long- term commercial significance because the land (1) does not have productive growing capacity, (2) is not productive, (3) does not have good soil composition for long-term commercial production, (4) is located in close proximity to population areas, and (5) does have the possibility for more intense uses 13 The Board of County Commissioners does find 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 did provide effective notice to area land owners and physical buffers lessening concerns with incompatibilities NOW, THEREFORE, BE IT ORDAINED, that the Board of County Commissioners hereby rescinds the current zoning designation on the Official Zoning Map of parcel #31- 2594-000, owned by Tim McNamara BE IT FURTHER ORDAINED, that through the adoption of this ordinance the Grant County Board of Commissioners approves this zone change from Agriculture to Rural Residential 1 and, BE IT FURTHER ORDAINED, that the effective date of this ordinance shall be 5 p m. of the date signed. DATED this 8a' day of May, 2007. Dated this 4 day of �T > 2007. BOARD OF COUNTY COMMISSIONERS Yes No Abstain GRANT COUNTY, WASHINGTON LYJ ? / LeRoy Allison airman ATTEST 4ej Richard Stevens, Vice -Chairman Clerk of he B ❑ I Cindy Cat r, Member