2022-07-15_PlanningCommission_DeGoede_StaffReportPlanning Commission Workshop
Community Development • 2025 NE Kresky Ave, Chehalis, WA 98532 • Phone: (360) 740-1146
STAFF REPORT DE GOEDE REZONE PROPOSAL
Date: July 15, 2022
Staff: Mindy Brooks, Senior Long Range Planner
Attachments: A – De Goede Application B – Vicinity Map C – Supporting Materials
SUMMARY The owner, De Goede Bulb Farm, has requested to amend the Lewis County Comprehensive Plan classification from Resource Land to Other Rural Land (non-resource) and to rezone the parcel from Agricultural Resource Land (ARL) to Rural Development District 5 (RDD-5) for parcel 028519065005. The request is being made because the parcel is not suitable for agricultural uses due to steepness. Map 1 is the vicinity map for parcel 028519065005 that shows the land proposed for the rezone from ARL to RDD-5. All materials referenced in this staff report are incorporated by reference and are found on the Community Development webpage, https://lewiscountywa.gov/departments/community-development/rezones/, and listed in Attachment C.
BACKGROUND The USDA criteria for land being capable of agricultural production includes soil types that can or are likely to support agricultural uses and that do not have landforms that restrict the agricultural uses. The USDA inventory of agricultural land capability was updated in 2007, prior to the 2009 periodic review of the Lewis County Comprehensive Plan. The results of the inventory are not at a parcel-by-parcel scale
and must be evaluated locally during periodic update of the local comprehensive plan. Lewis County used the criteria specified in the WAC 365-190-050 to designated agricultural lands, which requires use of the USDA inventory and soil classifications. During periodic review in 2009, the ARL designation was applied to the De Goede hillside parcel (Map 2). At the time, the parcel was contiguous
to the larger De Goede Bulb Farm; however, the other parcels under De Goede ownership are flat parcels and were in agricultural production since before 1995.
Planning Commission Workshop Pg. 2 of 8
Map 1: Vicinity Map
Planning Commission Workshop Pg. 3 of 8
Map 2: Ordinance 1207 Area #14 ARL Map
Planning Commission Workshop Pg. 4 of 8
Ordinance 1207 (August 10, 2009) adopted the ARL designation amendments. The ordinance did not specify rationale for each amendment to the designations. The explanation in the ordinance for amendments to Area #14, which includes the parcel, is “Additional parcels are recommended for ARL
designation along Highway 508, north of Harmony Road, and around the 2007 ARL surrounding Mossyrock. These land have prime-if-drained soils and aerial photos indicate recent agricultural activities. Absent evidence to the contrary, these soils appear to have been drained and are thus prime soils considered for ARL designation. Parcel size generally greater than 20 acres and agricultural tax status also support ARL designation. In addition, significant acreage has been added to ARL that
includes lands in timber use on prime farmland soils. Not all ARL-parcels with prime-if-drained soils that are still in timber use or that are visibly wet in aerial photos are not drained and therefore not considered as prime soils. Several possible nurseries were also examined along Highway 508 east of Justus Road. No significant (if any) nursery activities are visible on these lands and thus are not recommended for ARL designation. A large nursery (Raintree Nursery) in FRL lands was evaluated for
possible ARL designation. This nursery is excluded from ARL because it would create an illogical island of ARL surrounded by FRL, and is protected as resource lands under FRL designation.” (Ordinances are available online at https://lewiscountywa.gov/offices/commissioners/.) It appears from the description that many of the amendments to Area #14 were made by remote analysis using soil data and aerial photography. It is unclear from the explanation why the De Goede land with steep hillside was included
in the ARL designation amendments.
Until 2020, the parcel 028519065005 did not exist and the land was part of parcel 028519065001 as shown in Map 3. Staff assume the entire parcel 028519065001 was included in ARL because the practice of “split zoning” a single parcel is inadvisable and the flat portion of the parcel was in active agriculture
use in 2009. In 2020, De Goede Bulb Farm divided parcel 028519065001 and formed the new parcel 028519065005, which encompasses the steep hillside, as shown in Map 4.
PROCESS On December 30, 2021, De Goede Bulb Farm applied to amend the Lewis County Comprehensive Plan classification from Resource Land to Other Rural Lands (non-resource) and to rezone the parcel from ARL to RDD-5. A comprehensive plan map amendment includes a required non-project action SEPA review, which is underway. Comprehensive plan map amendments are processed according to LCC 17.05.040, Project permit application Type V, and 17.12, Public Participation Program.
The Rezone Application was determined to be complete on January 28, 2022 and the Notice of Application was published on February 10, 2022. Public comments on the Notice of Application could be provided through March 2, 2022. Public comments were received and De Goede provided a response to concerns related to availability of potable water. The SEPA determination for the non-project action was issued on July 12, 2022 and public comments may be provided through July 26, 2022. Appeal of the SEPA determination may be filed through August 2, 2022. An update on the SEPA determination will be provided at the July 26, 2022 Planning Commission meeting.
Planning Commission Workshop Pg. 5 of 8
Map 3: 2010 Parcel Map - De Goede Bulb Farm Properties
Map 4: 2020 Parcel Map - Hillside Parcel
Planning Commission Workshop Pg. 6 of 8
The Planning Commission will hold a workshop at which staff will present an analysis of the proposal against the approval criteria and answer commissioner questions. The applicant is invited to attend and may respond to direct questions from the commissioners. The public is also invited to attend; however,
public comments are not taken during the workshops. Following the workshops, Planning Commission will hold a duly noticed public hearing to receive testimony on the proposal prior to making a decision to recommend that the Board of County Commissioners (BOCC) approve or reject the comprehensive plan map amendment and zone change. Public comments may be submitted as testimony for the hearing. STAFF FINDINGS Lewis County Code 17.12.100(1) are the approval criteria that Planning Commission and BOCC are required to use to determine if a comprehensive plan map amendment can be approved. Below, staff have provided findings against each criterion to help Planning Commissioners assess if LCC is met. (a) The amendment conforms to the requirements of the Growth Management Act, is consistent with the county-wide planning policies and the comprehensive plan, including any interlocal planning agreements, if applicable. The applicable rules are addressed below. WAC 365-190-050(3) Agricultural resource lands (c) The land has long-term commercial significance for agriculture. In determining this factor, counties and cities should consider the following nonexclusive criteria, as applicable: (i) The classification of prime and unique farmland soils as mapped by the Natural Resources Conservation Service; (ii) The availability of public facilities, including roads used in transporting agricultural products; (iii) Tax status, including whether lands are enrolled under the current use tax assessment under chapter 84.34 RCW and whether the optional public benefit rating system is used locally, and whether there is the ability to purchase or transfer land development rights; (iv) The availability of public services; (v) Relationship or proximity to urban growth areas; (vi) Predominant parcel size; (vii) Land use settlement patterns and their compatibility with agricultural practices; (viii) Intensity of nearby land uses; (ix) History of land development permits issued nearby; (x) Land values under alternative uses; and (xi) Proximity to markets.
Staff findings: Due to its steepness the parcel does not have long-term commercial significance for agriculture. There are no adequate roads that access the parcel; it is accessed by a private dirt road.
Therefore, this criterion is met.
Planning Commission Workshop Pg. 7 of 8
Lewis County Comprehensive Plan, Land Use, Policy 2A.4, Where possible, establish provisions to allow landowners the opportunity to redesignate portions of their property that contain poor soils or are otherwise not suitable for agricultural purposes. Staff findings: LCC 17.05 and 17.12 allow for redesignation of property based on meeting the approval criteria. The parcel is not suitable for agricultural purposes based on the steepness of the slope. Therefore, this criterion is met. Lewis County Comprehensive Plan, Land Use, Policy 2A.5, Continue to allow landowners the opportunity to request zoning changes to agricultural resource lands that have been designated in error or based on incorrect information. Staff findings: LCC 17.05 and 17.12 allow landowners to request zoning change to agricultural resource lands. The parcel was designated in error because it does not meet the criteria for designation as agricultural resource land. Therefore, this criterion is met. (b) The application and any studies submitted to the department, the planning commission, and the board of commissioners demonstrates a need for the amendment. Staff findings: The parcel should not have been included in the ARL zone designation because the steepness of the parcel does not support agricultural uses. It was likely originally included due to contiguous ownership with the larger De Goede Bulb Farm. The comprehensive plan map amendment and rezone is needed to correct that error. Therefore, this criterion is met. (c) The public interest will be served by approving the amendment. In determining whether the public interest will be served, factors including but not limited to the following shall be considered: (i) The anticipated effect upon the rate or distribution of population growth, employment growth, development, and conversion of land as envisioned in the comprehensive plan; and Staff findings: The proposed rezone may create up to five lots that can each be developed with up to one single family residence and one accessory dwelling unit. This would add between 25 and 40 new residents to the general Mossyrock area. While the rezone would change the designated from ARL to RDD-5, the parcel is not capable of supporting agricultural uses therefore it is not a conversion of resource use. Therefore, this criterion is met. (ii) The anticipated effect on the ability of the county and/or other service providers, such as cities, schools, water purveyors, fire districts, and others as applicable, to provide adequate services and public facilities including transportation facilities. Staff findings: The comprehensive plan map amendment and zone change is a non-project action and will have no impact on service providers because there is no development associated with a change to zoning. Future development be at a rural density and would rely on on-site well and
Planning Commission Workshop Pg. 8 of 8
septic. Future development may have an impact on other service providers, such as fire, however, those impacts will be addressed through future permitting when project-level impacts are known. Therefore, this criterion is met. (iii) The anticipated impact upon designated agricultural, forest and mineral resource lands. Staff findings: As stated above the parcel is not capable of supporting agricultural uses due to the steepness. Therefore, this criterion is met. (d) The amendment does not include or facilitate spot zoning. Staff findings: The amendment does not facilitate spot zoning because applying RDD-5 would be an expansion of an adjacent and compatible zoning designation and associated use allowances. Therefore, this criterion is met. NEXT STEPS The Planning Commission will hold a workshop on July 26, 2022 to evaluate the application and ask
questions of staff and the applicant. At the workshop, the Planning Commission will decide if they are ready to proceed with a public hearing. If they are ready to move to a public hearing, the tentative date will be August 23, 2022.
Attachment A: De Goede Rezone Application
US Highway 12Mossyrock Rd W
Coleman Rd
Updated 07/15/2022
This map was created by Lewis County Geographic Information System. The accuracy of the map has notbeen verified and should be used for informational purposes only. Any possible discrepancies should bebrought to the attention of Lewis County GIS.State Plane Washington South FIPS 4602North American Datum 1983North American Vertical Datum 1988 (Topography)
Attachment AVicinity Map Site
Parcels
River Channel
±0 0.1 0.20.05 Miles
De GoedeRezone Proposal
Planning Division, Community Development
RDD-5
Agricultural Resource Land (ARL)
RDD-20
UGA
City
Attachment C: De Goede Rezone Supporting Materials
The following documents and the information contained therein are incorporated into the public record by reference. The documents are available on the Lewis Count Community Development website https://lewiscountywa.gov/departments/community-
development/rezones/
Documents Incorporated by Reference: (listed in reverse chronological order) 2022-07-12 SEPA Determination 2022-03-25 Applicant Response to Comments on Notice of Application
2022-02-15 Comments on Notice of Application
2022-02-10 Notice of Application 2022-01-28 Letter of Completeness 2021-12-30 SEPA Checklist
2021-12-30 Rezone Application
2009-08-10 Ordinance 1207 – Comprehensive Plan ARL Amendments