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HomeMy WebLinkAboutResolution 08-068-CCBOARD OF COUNTY COMMISSIONERS Grant County, Washington IN THE MATTER OF APPROVING A PRELIMINARY PLAT OF �1054 ACRES INTO TWENTY-SIX (26) RESIDENTIAL LOTS AND SIX (6) OPEN-SPACE LOTS FOR JUSTIN DONOVAN, LOCATED IN PORTIONS OF SECTIONS 27, 28, & 34, TOWNSHIP 20 NORTH, RANGE 29 EAST, WM, GRANT COUNTY, WASHINGTON RESOLUTION NO. 08- � �O -CC APPROVING A PRELIMINARY PLAT OF DONOVAN FARMS MAJOR PLAT WHEREAS, the Board of County Commissioners of Grant County have been advised that an open record public hearing was conducted before the Grant Countiy Planning Commission on July 2, 2008 in the matter of a Preliminary Plat of �1054 acres into twenty-six (26) residential lots and six (6) open-space lots, which are located in portions of Sections 27, 28, & 34, Township 20 North, Range 29 East, Willamette Meridian, Grant County, Washington, and WHEREAS, the Grant County Planning Commission on July 2, 2008 did approve a motion to recommend to the Board of County Commissioners to approve this proposed Preliminary Plat with fifteen (15) suggested Conditions of Approval and ten (10) Findings of Fact affirming the recommendation, but adding to Condition of Approval #15 a part "d," which shall require a note on the face of the plat stating that residential lots within this plat are within approximately one mile oF the National Frozen Foods Corporation processed water farm, and WHEREAS, the Board of County Commissioners held a closed record public hearing regarding this matter on August 19, 2008, and WHEI2EAS, the Board of County Commissioners have reviewed the application matarial, staff report, and a summary of the Planning Commission hearing, and WHEREAS, the Board of County Commissioners have found that this proposal will not adversely effect the health, safety, and general welfare of the public in the vicinity of the proposal, and WHEREAS, the Board of County Commissioners have found this proposal to be consistent with the Grant County Comprehensive Plan, the Unified Development Code Chapter 23.04 "Zoning," other land use regulations, and SEPA, and WHEREAS, the Board oi County Commissioners have found that the public use and interest will apparently be served by the proposed Preliminary Plat, and WHEREAS, the proposed Preliminary Plat, subject to the Conditions of Approval, meets the applicable requirements of the Unified Development Code Chapter 22.04 "Land Division," and WHEI2EAS, the proposed Preliminary Plat does comply with the Health District's requirements %r sewage disposal and potable water supply, and IN THE MATTER OF APPROVING A PR�LIMINARY PLAT DONOVAN P'ARMS MAJOR PLAT OF �1054 ACRES INTO TWENTY-SIX (26) RESIDENTIAL LOTS AND SIX (6) OPEN-SPACE LOTS FOR JUSTIN DONOVAN WHEREAS, the proposed Preliminary Plat does contain an accurate legal description of the lots being created, and the roads and easements therein, and WHEREAS, the proposed Preliminary Plat does comply with Grant County regulations pertaining to roads, utilities, drainage, access for emergency vehicles, and other infrastructure improvements, and WHEREAS, the Board of County Commissioners have found that "best available science" has been considered in the final decision regarding the proposed subdivision, and WHEREAS, the Board of County Cornmissioners have found that all road improvement requirements are ensured pursuant to Grant County Code § 22.04.450, and WHEREAS, the Board of County Commissioners have found that the proposed subdivision does appropriately identify and protect critical areas pursuant to Grant County Code § 24.08, and WHEItEAS, the Board of County Commissioners have made a decision to approve the Donovan Farms Major Plat, NOW, THEI2EFORE, BE IT RESOLVED THAT the Board of County Commissioners of Grant County, Washington hereby approve by this Resolution, subject to the fifteen (15) Conditions of Approval listed below, a Preliminary Plat of �1054 acres into twenty- six (26) residential lots and six (6) open-space lots, located in portions of Sections 27, 28, & 34, Township 20 North, Range 29 East, Willamette Meridian, Grant County, Washington (Parcels #18-0358-000, #19-0389-000, #19-0394-000, #19-0390-000, #19-0391-000, #19-0392-000, #19-0393-000, #18-0369-000, #19-0674-000, & #31-2994-000). CONDITIONS OF APPROVAL 1) Development shall be in cornpliance with the Growth Management Act, the countywide Planning Policies, the Washington State Environmental Policy Act, the Grant County Comprehensive Plan, the Grant County Unified Development Code, and all applicable local, state, and federal regulations, rulings or requirernents. 2) Development shall comply with all requirements of the Grant County Fire Marshal and shall be in compliance with Grant County Fire Flow guidelines, the Uniform Building Code, the Uniform Fire Code, and all other applicable requirements for fire protection and safety. 3) This proposal shall comply with all requirements deemed necessary by the Washington State Department of Health and the Washington State Department of Ecology in regards to domestic water supply, sewage systems, and storm water control and treatment including, but not limited to: RCW 90.48.080 (Discharge of Polluting Matter in Waters Prohibited), WAC 173-200 (Ground Water Quality Standards), WAC 173-201-A (Surface Water Quality Standards), and WAC 246-272 (On-Site Sewage Systems). 4) If any Native American grave site(s) or archaeological/cultural resources (Indian artifacts) are found, all construction activity shall stop and the owner/developer shall irnmediately Donovan Farms Preliminary Plat - BoCC Resolution - page 2 IN THE MATTER OF APPROVING A PRELIMINARY PLAT DONOVAN FARMS MAJOR PLAT OF �1054 ACR�S 1NT0 TWENTY-SIX (2G) RESIDENTIAL LOTS AND SIX (6) OP�N-SPACE LOTS FOR JUSTIN DONOVAN notify the Grant County Planning Department, Colville Confederated Tribes, and the Washington State Office of Archaeology and Historic Preservation. 5) This proposal shall comply with any/all applicable Federal, state, and local regulations in place at the time the applications were deemed Technically Complete; that date being May15, 2008 in this instance. 6) During any construction activities, county roads shall be maintained clear of soil and rocks at point(s) of ingress and egress. 7) The applicant shall comply with all requirements as deemed necessary by the Grant County Health District, including, but not limited to: a) The applicant shall contact the Grant County Health District regarding design restrictions for septic system installation for each of the proposed residential lots. b) Use of individual wells may be restricted by RCW 90.44.050. c) The applicant shall contact the WA Department of Ecology, Oifice of Water Resources regarding the suitability of individual wells as the water source. 8) The applicant shall comply with all requirements as deemed necessary by the Grant County Public Works Department, including, but not limited to: a) Provide a plat check fee of $200.00 �or Major Plats. b) All lots that have a Private Road Easement shall access the Private Road only and a note shall be added to ihe plat stating this. c) Provide a plat certificate from the title company for all land being dedicated to Grant County. d) An Approach Permit shall be obtained prior to a building perrnit. e) Label all Right-of-Way dimensions or make notation. f) Prior to County Public Works signing the final plat, the required road improvement to Road 8-NE per the 04-03-08 approved set of plans shall be completed and accepted by Public Works, or a Bond shall be in place for the required work. g) The Plat is indicating Road 7-NE on Sheets 1, 2, and 3 of 19 runs along part of the south border of the Plat; the Plat should show existing unimproved County Road Right-of-Way, not Road 7-NE which does not physically exist. h) Numbering of the sheets are inconsistent; some say "of 19" and some say "of 17." i) Tract 20 needs to have 50 ft. of frontage onto Road $-NE. j) Boundary separator for Tracts 21 and 22 is missing on Sheet 11. lc) The "Private Driveway Easements" shall say "Private Road Easements." 1) Approved set of plans for the upgrade of Road 8-NE was accepted in lieu of traffic study. m) Additiona160-ft. Right-of-Way shall be dedicated to Grant County Public Worlcs for future County Road purposes. Beginning at the west end of Road 7.4-NE running southwest to the existing County Road Easement on the south border. 9) The applicant shall comply with all requirements as deemed necessary by the Crrant County Assessor, including, but not limited to: a) The Subtitle needs to state Lot 2 Donovan Farms SP. Donovan Farms Preliminary Plat - BoCC Resolution - page 3 IN THE MATTER OF APPROVING A PR�LIMINARY PLAT DONOVAN FARMS MAJOR PLAT OF �1054 ACRES INTO TWENTY-SIX (26) R�SIDENTIAL LOTS AND SIX (6) OPEN-SPACE LOTS FOR JUSTIN DONOVAN 10) The applicant shall comply with all requirements as deemed necessary by Grant County Emergency Services. 11) The applicant shall comply with all requirements as deemed necessary by the Grant County Auditor, including, but not limited to: a) The name "Donovan Farms Major Plat" is approved. 12) The applicant shall comply with all requirements as deemed necessary by the U.S. Bureau of Reclamation, including, but not limited to: a) The Bureau of Reclamation's recorded bearings, distances, and rights-of-way need to be shown on all of Reclamation's facilities. b) On Sheet 2 of 19, Farm Unit 230 is depicted in the wrong place; it should be where Tract 27 is located. Please correct as necessary. c) The bearings and distances for the DE 85 JJ lateral and the boundaries of Farm Unit 182 must be depicted on the final Short Plat. d) All survey data on the Bureau of Reclamation Farm Unit Maps pertaining to Reclamation facilities, associated rights-of-way, and farm unit boundaries within the area being subdivided must be included on the plat. e) A note should be added to the plat stating: Information on this plat pertaining to Irrigation Blocks, Farm Units, Bureau of Reclamation facilities, and their associated rights-of-way may not agree with the corresponding information found on Reclamation prepared Farm Unit Maps. Please reference the appropriate Farm Unit Map for information concerning these features. � Landowners should be aware of existing Reclamation and District rights to construct, reconstruct, operate, and maintain Project facilities as necessary. Any work that will involve these facilities or the existing rights-oi way must be reviewed and approved by Reclamation and the District prior to proceeding. g) Structures are prohibited from encroaching upon existing right-o� way corridors without Reclamation's and the District's prior approval. This includes, but is not limited to, temporary improvements such as paving, fencing, and landscaping, h) Reclamation's concurrence to this proposal is conditioned upon the assumption that there are no encroachments upon Project facilities or rights-of-way. i) Lots 21 through 24, 31, and 32 of the proposed short plat consist of less than 10 acres per lot, and will be separate and individual sites. The Bureau of Reclamation recommends that the agricultural water supply be released from those portions of land; some of these lots are not entitled to receive Columbia Basin Project water. The proponant can initiate this process by contacting the District headquarters in Othello, WA. j) Some of the proposed plat is located within the Quincy Ground Water Subarea (QGWSA). Should the proponents desire to use ground water for other than domestic purposes (5,000 gals. per day/ irrigation of 1/z acre per dwelling, as established in WAC 173-134A), they will be required to obtain both a Ground Water Permit from the WA State Department of Ecology and a QGWSA license from Reclamation. k) The area of the East Low Canal in the Mitchell Coulee is presently included in the Odessa Subarea Aquifer Study. The proposed Rocky Coulee Reservoir would significantly affect this plat if constructed. The proponent shall contact the Bureau of Donovan Farms Preliminary Plat - BoCC Resolution - page 4 IN THE MATTER OF APPROVING A PRELIMINARY PLAT DONOVAN TARMS MAJOR PLAT OF �1054 ACRES INTO TWENTY-SIX (26) R�SIDENTIAL LOTS AND SIX (6) OPEN-SPACE LOTS FOR JUSTIN DONOVAN Reclamation for additional information. 1) The final Short Plat must be signed by the District before being submitted to Reclamation for signature. Reclamation will not sign any final Short Plats if the proponent has not acquired the District signature. 13) The applicant shall comply with all requirements as deemed necessary by the East-Columbia Basin Irrigation District, including, but not limited to: a) The proposed plat is within Columbia Basin Project farm units and is entitled to receive Columbia Basin Project irrigation water and is obligated to pay East District irrigation assessments whether water is used or not. b) Approval of the final plat by the East District and the U.S. Bureau of Reclamation will be necessary pursuant to RCW 58.17.310. c) Tracts 19-22 are not eligible for water delivery under a water service contract. The proponent shall amend the water service contract containing those parcels to exclude them from the contracts. d) Tracts 23 and 24 are not in productive agricultural use and therefore should release their water allotment. e) Tracts 31 and 32 are on land classified as non-irrigable and are not entitled to receive Columbia Basin Project water. � In Note #3 on Sheet 19 of 19, please change "Short Plat" to "Major Plat." g) On Sheet 8 of 19, the easement for Rocky Coulee Dike needs to be dimensioned. h) Irrigation easements for the existing circles must be shown from the turnout to the pumping station. i) If Columbia Basin Project water is desired for any of the plat residential tracts, Municipal and Industrial Water Contracts should be applied for through the USBR Ephrata Field Office. 14) The applicant shall comply with all requirements as deemed necessary by the WA State Dapt. of Ecology (Spokane—SEPA Coordinator), including, but not limited to: a) Proper erosion and sediment control practices must be used on the construction site and adj acent areas to prevent upland sediments from entering surface water. Local stormwater ordinances will provide specific requirements. Also refer to the Stormwater Management Manual for Eastern Washington. All ground disturbed by construction activities must be stabilized. When appropriate, use native vegetation typical of the site. b) All new dry wells and other injection wells must be registered with the Underground Inj ection Control program (UIC) at Department of Ecology prior to use and the discharge from the well(s) must comply with the ground water quality requirement (nonandangerment standard) at the top of the ground water table. Contact the UIC staff at UIC Program, Department of Ecology, PO Box 47600, Olympia, WA 98504- 7600, (360)407-6143 or go to httb://www.ec��ov/programs/wq/grndwtr/uic/re�istration/re�info.html for registration forms and further information. c) Routine inspections and maintenance of all erosion and sediment control Best Management Practices (BMP's) are recommended both during and after development of the site. d) A Stormwater Pollution Prevention Plan for the project site may be required and Donovan Farms Preliminary Plat - BaCC Resolution - page 5 � IN THE MATTER OF APPROVING A PRELIMINARY PLAT DONOVAN FARMS MAJOR PLAT OF �1054 ACRES INTO TWENTY-SIX (26) RESIDENTIAL LOTS AND SIX (6) OPEN-SPACE LOTS rOR JUSTIN DONOVAN should be developed by a qualified person(s). Erosion and sediment control measures in the plan must be implemented prior to any clearing, grading, or construction. These control measures must be effective to prevent soil from being carried into surFace water by stormwater runoff. Sand, silt, and soil can damage aquatic habitat and are considered pollutants. The plan must be upgraded as necessary during the construction period. e) Proper disposal of construction debris must be in such a manner that debris cannot enter the natural stormwater drainage system or cause water quality degradation of surface waters. Dumpsters and refuse collection containers shall be durable, corrosion resistant, nonabsorbent, non-lealcing, and have close-fitting covers. If spillage or leakage does occur, the waste shall be picked up immediately and returned to the container and the area properly cleaned. � The operator of a construction site that disturbs one acre or more of total land area, and which has or will have a discharge of stormwater to a surface water or to a storm sewer, must apply for coverage under Department of Ecology's Baseline General Permit for Stormwater Discharges Associated with Construction Activities. g) Owners of sites where less than one acre of total land area will be disturbed must also apply is the construction activity is part of a larger plan of development or sale in which more than one acre will eventually be disturbed. Discharge of stormwater from such sites without a permit is illegal and subject to enforcement action by the Department of Ecology. h) Application should be made at least 60 days prior to commencement of construction activities. A permit application and related documents are available at: http://www.ecy.wa. o�v/pro��ams/wq/stormwater/construction or by contacting the Water Quality Program, Department of Ecology, PO Box 47600, Olympia, WA 98504-7600, (360)407-6401, 15) The applicant shall comply with all requirements as deemed necessary by the Grant County Planning Department, including, but not limited to: a) Development shall comply with the requirements of GCC § 22.04 Article V"Final Subdivisions and Short Subdivisions" and all other pertinent portions of Grant County Code. b) Development shall comply with all requirements included in the SEPA Mitigated Determination of Non-Significance issued on June 3, 2008. c) Please malce the following corrections/additions to the mapping consistent with UDC 23.04.080: i. It appears that the drawings contain two Auditor's Certificates. Please remove one. ii. In each Surveyor's Declaration, please correct the minor misspelling of "DECLARE." iii. In Detail "B" on Sheet 4 of 19, please correct the minor misspelling of "Grant County." iv. In Notes 10-18 on Sheet 11 of 19, please change (nine times) "Owner's" to "Owner�." v. On Sheet 12 of 19, please correct the mi�or misspelling of "Dedicated via this Plat." vi. In the Dedication on Sheet 17 of 19, please change the reference from a"plat Donovan Farms Preliminary Plat - BoCC Resolution - page 6 IN THE MATTER OF APPROVING A PRELIMINARY PLAT OT �1054 ACRES INTO TWENTY-SIX (26) RESIDENTIAL LOTS AND SIX (6) OP�N-SPAC� LOTS I�'OR JUSTIN DONOVAN alteration" to a"plat" in Line 6. DONOVAN FARMS MAJOR PLAT vii. In the Notices on Sheet 18 of 19 and Sheet 19 oF 19, please change (twice) "certificated" to "certificate." viii. In the General Notes on Sheet 18 of 19, please change the reference from "short plat" or "short subdivision" to "plat" in Notes 2, 6, and 7. ix. In the Right-to-Farm Disclosure on Sheet 19 of 19, please correct the minor misspelling of "zoned" in line 2. x. In the Right-to-Farm Disclosure on Sheet 19 of 19, please correct the minor misspelling of "state" in the last line. xi. In the East-Columbia Basin Irrigation District Notes on Sheet 19 of 19, please correct the minor misspelling of "facilities" in line 3. xii. In the Notes on Sheet 19 of 19, please change the re%rence from "short plat" to "plat" in Note 3. d) The following note shall be added to the face of the plat: "Residential lots contained within this plat are within approximately one mile of the National Frozen Foods Corporation (or their successors) processed water farm." ����� EFFECTIVE DATE: Upon signature. � DATED this �� day of , 2008. ATTEST: Clerlc of the Yea Nay LI ❑ ■ ■ BOARD OF COUNTY COMMISSIONERS Abstain G l�T COUNTY, WASHINGTON ---_. � Richard Stevens, Chairman ��-�-d'�P�-- � Cindy Carter, Vice-Chair �� �°°a � � ❑ LeRoy A �ison, Member Constituting the Board of County Commissioners of Grant County, Washington Donovan Farms Preliminary Plat - BoCC Resolution - page 7