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HomeMy WebLinkAboutCorrespondence - BOCC (003)January 8, 2021 Grant County Commissioners c/o Barbara Vasquez, Clerk of the Board P.O. Box 37 Ephrata, WA 98823 RE: 2020 Annual Report Dear Commissioners: Attorneys Andrew L. Kottkamp Nicholas A. Yedinak Sean R. Esworthy Zack Goytowski &, Olt Enclosed is the Land Use Hearing Examiner's annual report for 2020. If there are any questions or concerns., please feel free to contact me at your earliest convenience. Sincerely, KOTTKAMP, YEDINAKI., & ESWORTHY, P.L.L.C. Cod", �Accc� ta: �e, ���tant Andrew L. Kottkamp ALK-.tp Encl Cc: Damien Hooper G, R A 11 T G w w w . w e n a t c h e e I a w . c o m Toll -Free 866-441-1444 1 Local 509-667-8667 1 Fax 509-667-8837 GRANT COUNTY LAND USE HEARING EXAMINER 2020 ANNUAL REPORT I. INTRODUCTION Grant County has utilized a Land Use Hearing Examiner for many years. I have been serving as the Grant County Land Use Hearing Examiner since December, 2004. My current contract with Grant County automatically renews every two years, but is subject to termination at any time. The Grant County Code requires the Hearing Examiner to report, in writing, to the Board of Commissioners at least once per year. The purpose of this report is to review the administration of the County's land use policies and regulating resolutions, as well as reporting on the number and type of decisions rendered since the prior report. This report is on all actions from January 1, 2020, through December 31, 2020. During this time there were 13 decisions. 11, ANALYSIS Conditional Use Permits P 19-03 61 and P 19-03 62 — Grant County Public Works. This is an application for a Conditional Use Permit and SEPA checklist to allow a surface mine, gravel crushing, sand screening and stockpiling operation to mine and crush approximately 1,875,000 cubic yards of material on approximately 61.19 acres. The Applicant was Grant County Public Works and is located approximately 1/2 mile northeast of the unincorporated community of Ruff. At the open record public hearing, Sam Dart, Grant County Public Works, testified. Mr. Dart testified that he was an agent authorized to appear and speak on behalf of the applicant. Mr. Dart testified that he had reviewed the proposed conditions of approval and had no objection to any of them. No member of the public testified at this hearing. After review of theplanning staff record, P19-0361 and P19-0362 were approved subject to 15 Conditions of Approval. P20-0043- Ledezma. This was an application to establish a seasonal food service trailer at the applicant's home location to serve agricultural service workers during the fanning season. The food service trailer would be located at an existing gravel parking area approximately one acre in size. No additional structures will be constructed. The Applicant is Hugo Ledezma. The site address of the subject parcel is in Royal City, WA. At the open record public hearing, Mr. Ledezma testified that he had a concern regarding proposed Condition of Approval No. 3, wondering why a concession trailer located on a 2020 GRANT COUNTY LAND USE HEARING EXAMINER ANNUAL REPORT Page 1 gravel driveway would have any impact mpact on irrigation rights. He also 'indicated that both access points to the property would be used as both ingress and egress. Staff indicated that they had no objection to the Hearing Examiner striking proposed Condition of Approval No. 3. No member of the public testified at this hearing. After review of the planning staff record, this CUP was approved subject to two Conditions of Approval. P20-005 and P20-006 — King. This was an application for a Conditional Use Permit proposing the construction of one mini -storage structure. The storage unit was planned to be 70' X 144' (10,080 Sq. Ft.) on a 66.63 acre parcel in the Shoreline Development 3 zoning district. The Applicants were Wade and Teresa King, and the site address of the subject parcel is in Coulee City, WA. At the open record public hearing, appearing and testifying was Wade King. Mr. King testified that he was the applicant and property owner. Mr. King testified that he had reviewed the proposed conditions of approval and had no objection to any of them. No member of the public testified at this hearing. After review of the -planning staff record, this CUP was approved subject to 10 Conditions of Approval. P20-090- Teuber. This was an application for the establishment of a heliIP ad in the vicinity of the Gorge Amphitheater for helicopter sightseeing tours. The proposal was to create a 60' x 60' landing area, a 40' x 40' staging area for seasonal sightseeing tours. Passengers will be brought to the site by Live Nation from their parking area. The Applicant is Zachary Teuber, and the site address of the subject parcel is located in Quincy, WA. Appearing and testifying at the open record public hearing was Ryan McDonald, the designated contact for the applicant Zachary Teuber. Mr. McDonald testified that the applicant had reviewed the proposed conditions of approval and had no objection to any of them. Appearing and testifying at this hearing from the public was John Fogleson. Mr. Fogleson is the property owner to the north of the subject property. Mr. Fogleson requested that the helipad be moved as far south as possible. After review of the planning staff record., this CUP was approved subject to six Conditions of Approval. P 200280 — Chevalier. This was an application for a Conditional Use Permit for the allowance to place a residence on a Rural Village Commercial zoned property in the Desert Aire Development. The proposal is to build a 3,000 square foot home with attached garage and a 20' x 40 detached shop on the lot. The Applicants are Brandon and Tena Chevalier,, and the project site is located at 440 Airport Way SW, Desert Aire, Mattawa, WA. An open record public hearing after due legal notice was held via Zoom. Appearing and testifying at this hearing was Brandon Chevalier, the Applicant and owner of the property. Mr. Chevalier testified that he had reviewed the proposed Conditions of Approval and had no objection to any of them. The Hearing Examiner stated there would be no commercial use on the property and that he agreed with the factual representations in the staff report. No member of the public testified at this hearing. After review of the plarvung stat record, this CUP was approved subject to two Conditions of Approval. 2020 GRANT COUNTY LAND USE BEARING EXAMINER ANNUAL REPORT Page 2 P 19-0342 (SEPA) and P 19-0341 (CUP) - Quincy Solar Energy, LLC. This was an application for a Conditional Use Permit and SEPA checklist to allow the construction of a 120 megawatt photovoltaic solar electric generating facility. The facility components will include solar arrays and DC to AC inverter blocks, an underground electrical collection system, an electrical substation, an energy storage system, an operation and maintenance facility/building, on-site service roads, gates, security fencing, and temporary laydown and constructions areas. The Applicant is Quincy Solar Energy LLC, and the site address of the subject parcel is located at 5 010 Rd 10 NE, Moses Lake, WA. An open record public hearing after due legal notice was held via Zoom teleconference. Appearing and testifying at this hearing on behalf of the applicant was Laura Miner, the agent for Quincy Solar Energy LLC. Ms. Miner testified that she was authorized to appear and speak on behalf of the applicant and property owner. Ms. Miner testified that she had reviewed the proposed conditions of approval and had the following suggestions. She suggested that proposed condition of approval No. 23 be eliminated and replaced with a sentence from the Habitat Management Plan. She requested that proposed condition of approval No. 25 be modified to add "during the first five years" after "annual basis." Finally, she suggested on proposed condition of approval No. 29(c) to strike the words "and reclamation." All remaining conditions of approval were acceptable as proposed. The Hearing Examiner reviewed the comments from the Washington State Fish and Wildlife, as well as the Habitat Management Plan. The Hearing Examiner did not strike the proposed condition of approval No. 23 in its entirety, but instead added a subpart to this condition indicating that the applicant shall be required to comply with the requirements of Section 4.4 of the Habitat Management Plan. No member of the public testified at this hearing. After review of the planning staff record, this CUP was approved subject to 34 Conditions of Approval. Planned Unit Development P 19-0410, P 19-0411, P 19-0412 & P 19-0413 - Hadley Properties. This was an application for a phased Planned Unit Development of two existing parcels totaling approximately 40.6 acres into forty (40) residential lots, one (1) garage/mini-storage lot, four (4) open space tracts and one (1) tract for future commercial use located in the Recreational Development (RD) zoning district of Grant County. Phase I of the Subdivision will consist of a 55 unit mini -storage facility, a community well site,, a stonnwater pond/open space, entry road and open space area. Phase 2 will consist of 11 residential lots, a pool/amenity lot, the future commercial tract and an open space area. Phase 3 will consist of 14 residential lots. Phase 4 will consist of 14 residential lots, a utility/access tract and two larger open space lots. The Applicant is Hadley Properties, and the site address of the subject parcel is located on the east side of Crescent Bar Road NW (approximate address is 9100 Crescent Bar Road NW) in the Crescent Bar Community. An open record public hearing after due legal notice was held via Zoom. Appearing and testifying at this hearing was Todd Oberg, the agent for the applicant Hadley Properties. Mr. Oberg testified that he had reviewed the proposed conditions of approval and had no objection to any of them. No member of the public testified at this hearing. After review of 2020 GRANT COUNTY LAND USE BEARING EXAMINER ANNUAL REPORT Page 3 the planning staff record, P 19-0410, P 19-0411, P 19-0412 & P 19-0413 were approved subject to 21 Conditions of Approval Variances P 19-03 82 — Tosland, - This was a permit for a variance to the 20 -foot front yard (east lot line) setback from River Drive for the construction of a garage (29'-6" X 16'), The building encroached six (6) feet into the front yard setback maintaining a fourteen (14) foot setback. The Applicant/property owner was Dale Tosland. The Applicant's designated contact was Arron Gundlach. The site is located in the Sunland Estates community in Quincy, WA. At an open record public hearing, testifying was Arron Gundlach. Mr. Gundlach testified that he was an agent authorized to appear and speak on behalf of the property owner. Mr. Gundlach testified that he had reviewed the proposed conditions of approval and had no objection to any of them. Additionally, Mr. Gundlach confirmed that the installed septic system, including drainfields, constrict lot development and placement of this garage. Also, the size and configuration of the lot likewise constrains development with this proposed garage. No member of the public testified at this hearing. After review of the planning staff record, P 19-03 82 was approved subj ect to four Conditions of Approval. P20-0107 — Trinetra, Inc. - This application was for a variance from Trinetra, Inc. The applicant sought a variance to the 35 -foot setback from a public road right-of-way for the construction of a gas station fuel island overhead canopy. The applicant requested an 11.5 - foot setback from the property line, which also serves as the boundary of the Right -of -Way for Washington State Route #26. The fuel island would utilize existing fuel storage tanks. This request for variance was the result of a Site Plan Review application for the additional fuel island and canopy. The site address of the subject parcel is in Royal City, WA. At an open record public hearing, appearing and testifying was Joe Park of Park Construction, the project agent for the owners/applicants, Trinetra Inc. Mr. Park testified that he was an agent of the Applicant and was authorized to speak on their behalf. Mr. Park state that the applicant had reviewed the proposed conditions of approval and had no objection to any of them. No member of the public testified at this hearing. After review of the planning staff record,, this variance was approved subject to five Conditions of Approval. P20-0053 — Patten. This was an application for a variance to alter the 20 -foot front yard (north and east lot lines) setback from the shoreline access road/driveway for the location of a residence. The building would encroach approximately seven and one-half (7.5) feet into the front yard/road setback maintaining a twelve and one-half (12.5) foot setback. Further review of the proposal has indicated that the roof overhang extends beyond the 7.5 feet encroachment increasing the needed distance for the variance. The overhang will extend 11'-4" into the front yard or road setback. The Applicants are James and Brenda Patten, and the site address of the subject parcel is located at 9130 Goodrich Road SE, Moses Lake, WA. An open record public hearing after due legal notice was held. Appearing and testifying at this hearing was Eric Hess, Indomus Architects, the designated 2020 GRANT COUNTY LAND USE HEARING EXAMINER ANNUAL REPORT Page 4 agent for the owners/applicants, James and Brenda Patten. Mr. Hess testified that he was �C) the agent of the applicant and was authorized to appear and speak on their behalf. Mr. Hess indicated that all of the proposed conditions of approval were acceptable to the applicant. Mr. Hess indicated that designs have been taken to eliminate surface water accumulation on the property. The house would be on pileleens and the garage will be on a slab with a primitive foundation set on gravel. Regarding the cost of maintenance of the access road, Mr. Hess's understanding is that there had been a prior agreement that required the Pelican Point Homeowner's Association to pay all costs of maintenance and improvements of this road. Mr. Hess assured that the applicant would not 'interfere with the easement access to the lake. Also testifying for the applicant was Brenda Patten. Ms. Patten is one of the property owners. Testifying from the public were the following individuals: Elton Miller, and Dennis Conley. After review of the planning staff record, this variance was approved subject to five Conditions of Approval. Subdivisions P 20-0149/ P 20-0150 - Monument Hill Project. This was an application for a permit for the subdivision of one (1) parcel into nine (9) lots in the Rural Residential 1 zoning District of Grant County. The lots would be approximately 5 acres in size acres and would be for residential use. The Applicant was Monument Hill Project, LLC. and the site address of the subject parcel is located on the north side of Grant County Rd 13 NW in the Monument Hill area northwest of the City of Quincy. At an open record public hearing, appearing and testifying was Nick Tommer, the designated contact for the applicant Monument Hill Project, LLC. Mr. Tommer testified that he had reviewed the proposed conditions of approval and had no objection to any of them. He indicated that irrigation rights were available so that Group B well withdrawal limits could be met. No member of the public testified at this hearing. After review of the planning staff record, this subdivision was approved subject to five Conditions of Approval. P 20-0160 (Subdivision) & P 20-0161 (SEPA) - Carlile Development LLC. This was an application for a subdivision of two (2) existing parcels (14.2 acres) into twenty four (24) lots in the Urban Residential 2 Zoning District of Grant County. All lots will be for single family residential purposes. The Applicant was Carlile Development LLC- The site address of the subject parcel is located at approximately 6400 Mae Valley Road, about V2 mile west of the Mae Valley Road/Westshore Drive NE intersection. At an open record public hearing, appearing and testifying was Danielle Escamilla, the designated contact for the applicant Carlile Development LLC. Ms. Escamilla testified that she had reviewed the proposed conditions of approval and had no objection to any of them. The Hearing Examiner left the record open for four weeks for additional documents to be submitted regarding roads and sidewalks. The City of Moses Lake submitted additional comments dated August 25, 2020. The County engineer submitted additional comments dated September 2, 2020. No member of the public testified at this hearing. After review of the planning staff record, this subdivision was approved subject to six Conditions of Approval. 2020 GRANT COUNTY LAND USE HEARING EXAMINER ANNUAL REPORT Page 5 P 20-0161 (Subdivision) & P 20-0162 (SEPA) - Mianecki Enterprises, LLC. This was an application for a subdivision of three (3) existing parcels (— 160.5 acres) into six (6) lots in the Agricultural zoning district of Grant County. Four lots would have residential capacities and two will be for agriculture purposes. The Applicant is Mianecki Enterprises, LLC, and the designated contact is Danielle Escamilla, Western Pacific Engineering and Survey. The project site is located adjacent to and in the Southwest comer of the intersection of State Highway 26 West and County Road I SW., about 2 miles west of Royal City. At an open record public hearing, appearing and testifying was Danielle Escamilla, the authorized agent for the applicant Mianecki Enterprises, LLC- Ms. Escamilla, testified that she had reviewed the proposed conditions of approval and had no objection to any of them. No member of the public testified at this hearing. After review of the planning staff record, this subdivision was approved subject to 10 Conditions of Approval. 111. CONCLUSION I have been serving as the full time Hearing Examiner for Grant County since December 2004. Throughout this year I have never been requested to remove myself as a Hearing Examiner, nor have been required to remove myself as a Hearing Examiner due to any conflict of interest/appearance of fairness issues. Hearings have been held and evidence gathered in an orderly fashion. Written decisions have been rendered on a timely basis. While I do not know whether any of my decisions from this year have been appealed, I do know that none of my decisions have been returned to me from any higher court. I would invite each of you to attend a hearing. You will find that I consider it an important part of my duty to allow all members of the public to present the evidence and testimony they wish to be included into the record, so long as it is consistent with the laws as set forth in this state. In 2020, 1 served as Hearing Examiner for Kittitas County, Douglas County, Chelan County, Garfield County, Columbia County, Grant County, Whitman County, Klickitat County, City of Chelan, City of Mattawa, City of Wenatchee, City of Entiat, City of East Wenatchee, City of Leavenworth, City of Cashmere, Town of Coulee City, City of Grand Coulee, City of Kittitas, City of Rock Island, Town of Waterville, City of Quincy, Town of Waterville and City of Bridgeport, City of Walla Walla and the City of Dayton. I also serve as Hearing Examiner for Chelan -Douglas Health District. I would like to commend the entire Grant County Planning Department and staff for their professionalism in the preparation and presentation of their staff reports and their conduct at hearings. Their diligence and hard work make my job easier as they present the application materials and preliminary evidence in a succinct and easily comprehensible format. It allows me to do my job on a more efficient basis which saves the County 2020 GRANT COUNTY LAND USE BEARING EXAMINER ANNUAL REPORT Page 6 -money. They are always prepared and always professional at hearings. In short, you have a Planning Department of which the entire County can be proud. In summary, the Hearing Examiner process continues to be successfully implemented in Grant County.. Respectfully submitted this rL..day of January, 2021. GRANT COUNTY LAND USE HEARING EXAMINER ,kdrew L. K'o"ttkamp 2020 GRANT COUNTY LAND USE HEARING EXAMINER ANNUAL REPORT Page 7