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Resolution 96-093-CCBOARD OF COUNTY COMMISSIONERS Grant County, Washington A RESOLUTION REVERSING THE ) DECISION OF RESOLUTION NO. 96-25- ) CC AND APPROVING AN AMENDMENT ) OF THE ZONING MAP OF GRANT ) COUNTY ON THE APPLICATION OF ) HEARTLY INVESTMENTS LLC ) li RESOLUTION NO. 96- 93 -CC BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF GRANT COUNTY, WASHINGTON, as follows: I. WHEREAS, the Board of County Commissioners of Grant County (Board) has been advised by the Grant County Planning Commission that a public hearing was conducted on January 3, 1996, on the matter of changing the zoning from Agriculture to Suburban -2 in a portion of Section 12, Township 19 North, Range 27 East, W.M., Grant County, Washington; WHEREAS, the Grant County Planning Commission made a recommendation to approve the zone change petitioned for by the applicant; RECEIVED - JUL 16 1996 BOARD OF COMMISSIONERS 3MNT COUNTY, WASHINGTON WHEREAS, the Board held a public meeting on February 5, 1996, and decided to conduct a public hearing on the rezone request; WHEREAS, the Board held a public hearing on February 27, 1996; WHEREAS, the Board, on March 5, 1996, via Resolution No. 96 -25 -CC, denied the application of Heartly Investments LLC for a zone change amendment from Agriculture to Suburban -2 regarding the subject property; WHEREAS, the applicant, Heartly Investments LLC, timely requested reconsideration of the Board's decision; WHEREAS, the Board held a public meeting on April 9, 1996, and heard arguments for reconsideration; WHEREAS, upon consideration of the applicant's written and oral arguments, and upon reconsideration of the testimony and administrative record in the application for zone change, the Board, being fully informed, made the following findings of facts: II. FINDINGS OF FACT 1. The proposed rezone area is zoned Agriculture, but the unirrigated property has not been used for agricultural purposes for years and has low agricultural potential. 2. Grant County (the "County") Policy and Ordinance No. 93 -49 -CC state that unirrigated, dry land cropland areas zoned Agriculture operate as a holding zone until there is a demand for higher density residential uses. - 2 - 3. The applicant has presented competent evidence as to the following: (a) there is a shortage of residential lots suitable and available for manufactured homes in the general vicinity of the subject property; (b) the population of Grant County and the Moses Lake area is growing at a rate greater than 3 percent a year, which far exceeds that projected by the Comprehensive Plan; (c) the neighborhood of the subject property is in transition and has experienced at least three similar rezone decisions in recent years; and (d) a major destination resort, golf course and housing project has been permitted across the street from the subject property. 4. There is no Washington Sate Department of Ecology permit for irrigation on the subject property, therefore only 5,000 gallons of water per day is available and only 1/2 acre per lot could be watered. 5. The proposed rezone and resulting development of the subject property will not unduly conflict with agriculture practices. 6. The proposed zone change will allow the property to be properly platted, rather than developed via segregations. 7. The proposed zone change from Agriculture to Suburban -2 is compatible with development in the area and previous rezone requests, some pre -dating the implementation of the Growth Management Act (GMA), Chapter 36.70A RCW. 8. The proposed zone change from Agriculture to Suburban -2 is not an illegal "spot zone," inasmuch as there exists similarly zoned properties located to the immediate vicinity of the applicant's property. 9. The applicant has demonstrated that there has been a substantial change of conditions in the area since the original zoning, warranting the requested change, changing the subject parcel from Agriculture to Suburban -2. - 3 - 10. The proposed rezone from Agriculture to Suburban -2 bears a substantial relationship to the public welfare, in that the proposed rezone is compatible with other development in the area. The Board having made the foregoing FINDINGS OF FACT, Now, Therefore, makes the following: II. CONCLUSIONS OF LAW 1. In making a rezone decision, the County is guided by the criteria of changed circumstance and demonstrated need as established in the Comprehensive Plan and by Ordinance No. 93 -49 -CC. 2. The applicant has submitted substantial evidence of changed circumstance and demonstrated need sufficient to warrant a rezone of the subject property to Suburban -2. 3. The applicant's petition for the proposed rezone meets all applicable criteria for proper consideration by the Board established by the Grant County Zoning Code for amendment to the zoning ordinance. 4. The proposed zone change from Agriculture to Suburban -2 is not an illegal "spot zone" inasmuch as there exists similarly zoned properties located in the immediate vicinity of the applicant's property. 5. The proposed rezone from Agriculture to Suburban -2 bears a substantial relationship to the public welfare, in that the proposed rezone is compatible with other development in the area. -4- THE BOARD OF COUNTY COMMISSIONERS BY MAKING THE FOREGOING FINDINGS AND CONCLUSIONS, AFTER CONSIDERING THE DETERMINATION OF NON -SIGNIFICANCE AND SUPPORTING ENVIRONMENTAL DOCUMENTS, NOW, THEREFORE, MAKES THE FOLLOWING: IV. DECISION NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners for Grant County, Washington, upon reconsideration, reverses its earlier decision set forth in Resolution No. 96 -25 -CC and hereby approves, by a vote of a majority, a zone change from Agriculture to Suburban -2 for the following described property: The North half of the Southeast quarter and the North half of the Southeast quarter of the Southeast quarter of Section 12, Township 19 North, Range 27 East, W.M., Grant County, Washington. The Grant County Comprehensive Plan and official zoning maps for Grant County are to be amended so that the aforementioned and described land will be rezoned as requested and noted above. This decision is made subject to the condition that all applicable development permits must be obtained within five (5) years from the date of this decision.' If all applicable development permits are not obtained within five (5) years from the date of this decision, the property will revert to Agriculture zoning and the Grant County Comprehensive Plan and Official Zoning Map for Grant County will be changed accordingly. Applicants may petition the Grant County Board of Commissioners for an extension upon just cause. - 5 - ADOPTED by the Board of County Commissioners of Grant County, Washington, this j(o day of July, 1996. Those voting in favor of decision: c--� D CV Tim Sne , Chair; Helen Fancher, Member LeRoy C. Allison, Member GRANT COUNTY BOARD OF COMMISSIONERS ATTEST: Clerk of the Boar APPROVED AS TO FO Pecuti Attorney - 6 -