HomeMy WebLinkAboutResolution 00-131-CC i
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BOARD OF COUNTY COMMISSIONERS
GRANT COUNTY,WASHINGTON
', IN RE THE MATTER OF: RESOLUTION: 2000-131-CC
APPLICATION FOR PRELIMINARY NOTICE OF DECISION:
PLAT TO CREATE 29 LOTS ON FINDINGS OF FACT, CONCLUSIONS,AND
82.18 ACRES IN THE OSR ZONE FINAL DECISION OF THE GRANT
COUNTY BOARD OF COUNTY
COMMISSIONERS
APPLICANT: Roger Fair
Recitals:
WHEREAS,the applicant has petitioned Grant County to establish a preliminary plat
within an unincorporated portion of Grant County.
WHEREAS, an application for the proposed preliminary plat was filed on August 5,
1999.
WHEREAS, Grant County adopted a Growth Management Act compliant
comprehensive land use plan in September of 1999.
WHEItEAS,at their regularly scheduled open record public hearing on October 6, 1999,
the Grant County Planning Commission heard a request by Roger Fair to establish a 29-lot preliminary
plat on 82.18 acres in the Open Space Recreation zone of Grant County, and;
WHEREAS,tlie Grant County Planning Commission made a recommendation to the
Grant County Board of County Commissioners to deny the proposed preliminary plat, and;
WHEREAS,the Grant County Board of County Commissioners conducted a closed
record public meeting on November 8, 1999, and;
WHEREAS,the Grant County Board of County Commissioners adopted the
recoinmendation from the Plaiming Commission to deily the preliminary plat request based on the record
and a State Appellate Court decision, and;
WH�REAS,the decision of the Board of County Cominissioners was appealed to Grant
County Superior Court, and;
WHEREAS,the Grant Cou�ity Superior Court reversed the decision of the Graut County
Board of County Commissioners, and;
WHEREAS,the court case the Board of County Commissioners relied upon, in pai�t,
when inaking is original decision to deny the preliminary plat request was overturned by the Washington
State Supreme Court, and;
WHEREAS,tlie Washington State Supreme Coui�t's decision to reverse the Appellate
Court's decision revolced Grant County's authority relied upon to deny the prelin�inary plat request.
Resolution# 2000-131—CC
Page 2 of 4
NOW,THEI2EFORE,BE IT RESOLVED,that the Grant County Boat•d of County
Commissioners do, by this resolutioii, approve the preliminary plat request to create a 291ot subdivision
in the Open Space Recreation zone of Grant Cotuity, located in a portion of Section 6, Townsl�ip 18
North,Range 27 East, Willamette Meridian, Grant County, Washington.
I. CONDITIONS OF APPROVAL
1. The Proposal shall be in compliance with the 1977 Grant County Comprehensive Plan,the Growth
Management Act, The Washington State Environtnental Policy Act,the Grant County Zoning
Ordinance,the Grant County Resource Lands and Critical Areas Development Ordinance and all
applicable federal, state, and local regulations,rulings or requirements.
2. Proposal shall comply with all requirements deemed necessary by the Grant County Health District,
the Washington State Department of Health, and the Washington State Department of Ecology
regard'u1g domestic water supply, sewage systems and storm water control and treatment including,
but not limited to; RCW 90.48.080 Discharge of Pollutuig Water Prohibited; WAC 173-201, Surface
' Water Standards; WAC 173-201A, Ground Water Quality Standards; ai�d, WAC 246-272, On-Site
; Sewage Systems.
3. Proposal shall comply with all requirements of the Grant County Fire Marshal and shall comply with
the Grant County Fire Flow Guidelines,the Uniform Building Code,Uniform Fire Code and all other
applicable requirements for fire protection/life safety.
4. Proposal shall comply with all requirements of the Grant County Public Works Department,
including, but not limited to the following:
a. County Road A SE is currently a gravel road. As condition of approval this section of road to the
south end of the plat, along with the internal roads shall be improved to cm�rent County paved
road standards.
b. Provide a temporary cul-de-sac at the south end of Road A SE.
c. Provide a 30' easement along the north boundaiy of the plat for future county road purposes.
d. Provide a complete plan and profile of the access roads showing all centerline data and proposed
drainage facilities.
e. Provide a 5'utility easement along all lot lines.
£ Access permit required prior to the issuance of building permits.
5. Proposal shall comply with all requirements of the Washington State Department of Transportation.
6. If any Native American Grave site(s) or archaeological/cultural resources (Indian Artifacts) are
found a11 construction activity shall stop and the owner/developer sha11 immediately notify the
Colville Confederated Tribes and the Washington State Office of Archaeology and Historic
Preservation.
7. Preliminary Plat shall comply to the fullest extent possible the recommendations of the Washingtoii
State Department of Fish and Wildlife listed below:
a. Maximize the amount of remaining open space through low density housing and strategic
placement of Uuilding sites and roads; disturU the native vegetation only to the extent
necessary to complete plaiuled development sites;
b. To miiiimize weed invasion,utilize the natural existing plant commiuiities in landscaping
schemes; restore disturbed sites with native grass and forbs;
Resolution# 2000-131—CC
Page 3 of 4
c. Establish best management practices�or risk reduction of weed invasion, wind and water
erosion, and brush fires;
d. Let it be lcnown through covenants in the land deeds that hunting on the adjacent public
lands is a long established practice and should be expected to continue;
e. The WDFW will not be held responsible for damage or nuisance problems from wildlife
with the establishinent of residences, gardens and landscaping;
£ Establish strict covenants in the land deeds to control cats and dogs to minimize predation
and harassment of wildlife populations, and;
II. FINDINGS OF FACT
The Grant County Board of Comity Commissioners adopted the following Findings of Fact for Roger Fair
Preliminary Plat request.
1. A Mitigated Determination of Non-Significance was issued for this proposal on August 30, 1999, and
the requirements of the State Environmental Policy Act have been complied with.
2. The proposal is consistent with the Open Space Recreation zoning requirements in effect at the ti�ne
of this application being filed with the County.
3. The Grant County Board of County Commissioners has concluded that appropriate provisions for
draulage, roads, alleys,utilities,public ways,water supplies, sanitary wastes, parlcs, playgrounds, fire
protection facilities, school sites, and grounds and other public and private facilities and
iinprovements in making its decision to approve this preliminary plat.
4. The Washington State Supreme Court overturned a court decision utilized by the Grant County Board
of County Commissioners while making its original determinatiozi on this preliminary plat,thus
talcing away Grant County's authority relied upon to deny the preliminary plat request.
The Grant County Board of County Commissioners having made forgoing Findings of Fact,
NOW, THEI2EFORE,makes the following:
III. CONCLUSIONS
A. The Washlligton State Supreine Court overturiied a court decision utilized by the Grant County Board
of County Commissioners while malcing its original determination on this preliminary plat,thus
taking away Grant County's authority r•elied upon to deny the preliminary plat request.
B. A Mitigated Determiiiation of Non-Signi�cance was issued for this proposal oii August 30, 1999, and
the requirements of SEPA have been complied with.
The Grant County Board of County Commissioners by malcuig the forgoing rindings of Fact and
Conclusions, after considering the closed record, applicable County and State laws,the Determination of
Non-Significance, and supporting environmental documents,NOW,TH�REFORE, malce the following:
III. DECISION
Resolution# 2000-131-CC
Page 4 of 4
The application by Roger Fair for a preliminary plat of 29 lots in the Open Space Recreation zone
of Grant County is approved by a vote of the majority.
DATED this 31st day of October, 2000.
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Deborah Moore, Chairman
.
LeRoy Alhson, Commissioner
� Tim Snead, Commissioner
ATTEST: �
' P Grigg, Cler the Board