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HomeMy WebLinkAboutSPL2008-00022 - SPL Permit / Conditions - 3/30/2009 t FINDINGS OF FACT ALTERATION of SHORT PLAT# 1940 APPLICANT: Port of Grapeview APPLICATION DATE: 12/23/08 Mason County has reviewed the above referenced application for an alteration of short subdivision and finds it in conformance with all applicable County land use regulations in effect at the time of application. Per 16.36.028 Staff makes the following findings: FINDINGS 1. This alteration conforms to the requirements of RCW 58.17 and the provisions of Mason County Title 16. 2. The item to be altered does not conflict with the goals and polices of the Comprehensive Plan and applicable community plan, applicable County codes and state laws. 3. The public use and interest will be served as a result of this alteration(to the extent that this alteration causes no harm and may be of slight benefit to the property owner). 4. All owners of affected properties have signed in front of a Notary approving the alteration. (see exhibits A and B) The proponent has paid the prescribed fees. The proponent has filed a complete application,which includes notarized signatures. Environmental Health That Mason County Environmental Health has reviewed this alteration(when deemed necessary) and has been found to be in conformance with all Environmental Health regulations. This determination was made by Cindy Waite on N/A. Public Works That this alteration of short subdivision as been reviewed by Mason County Public Works (when deemed necessary) and has been found to be in conformance with all Public Works regulations. This determination was made by Fred Perryman on N/A. 1 • Uniform Fire Code That any alteration is consistent with the minimum requirements of the Uniform Building Code or have otherwise been authorized by Larry Waters on N/A. CONCLUSION In conclusion,this application for short subdivision is consistent with the above criteria and that the public use and interest are served by the division of this land. RECOMMENDATIONS I, being the Manager of the Mason County Planning Department, hereby attest to and certify that appropriate provisions have been made for this alteration of short subdivision and hereby recommend approval. In addition these facts evidenced by the contents of the file for this alteration of short subdivision. Signed, �,C,- arb a Adkins, Planning Manager Dat MichaelMs, Subdivision Planner Date 2 RECEIVED Created on 3/25/2008 12:36 PM ;Ud Cow .`SAS° MASON COUNTY - `L Mason County j Department of Community Development 411 N. 5`h Street/P.O. Box 279; Shelton, WA 98584; 360.427.9670 ext. 352 1854 SHORT SUBDIVISION/LARGE LOT SUBDIVISION ALTERATION Application Form Z l U — Z I - Gj CiG Plat #: Short Plat # 1940 Original Recording Date: Feb. 5, 1990 Applicant Name: Robert W. Johnson, Representative for Port of Grapeview Circle one: Owner of parcel Purchaser of parcel Representative Applicant Address: P.O. Box 1400 Email: rjohnson@hctc.com City, State, Zip: Shelton, WA. 98584 Phone:( 360 ) 426-9728 List all other legal owners within the plat—attach additional page/s if needed Val Call/Jared Call Name:Enterprises Address: P.O. Box 41 City,State, Zip• Kamas, UT. 84036-0041 Phone: Name: Mason County F.D. #3 Address: P.O. Box 1 2 9 10S-g6 (� City, State,Zip: Grapeview, WA. 9 8 S 8 4 9-24 Phone: Name: N/A Address: City,State, Zip: Phone: Description of Proposed Alteration(in addition,please provide an attached drawing): SEE ATTACHED FOR OFFICE USE ONLY Date Received: 11 /Z l y$ Date of Complete Application: Does alteration involve a public dedication? Yes x No If yes,Date of Public Hearing: N/Ar Date of Decision: Alteration Application Forml.doc 1 Created on 3/25/2008 12:36 PM Required Written Findings and Determinations: 1. Does the alteration conform to the requirements of RCW 58.17 and the provisions of MCC Title 16? ,/(--s 2.Do the items to be altered comply with the goals and policies of the Comprehensive Plan, applicable County codes and state laws? U )a', MC 3. Willthe public use and interest be served as a result of the proposed`alteration? —�►'z—�tl l t e !-In �el'-i 1 (AI I)i YIr4 Fees$65 per/hour Total Fee: Date Fee Paid: Conditions: Approved Date Denied Date Reason for Denial: Recording Date: Auditor FN#: Alteration Application Forml.doc Port of Grapeview Short Subdivision Alteration Application DESCRIPTION OF PROPOSED ALTERATION See drawing attached as "Exhibit A."The applicant proposed removal of a restriction currently set forth on the face of the short plat: "There will be no development and/or limited disturbance along the west 30 feet of the entire length north and south of Lot L" Said restriction was originally imposed with respect to a natural depression along Okonek Road. Historically, a lack of maintenance of related ditches and culverts associated with the county road resulted in stormwater back-up into the depression during winter months. However, current maintenance practices have resolved this issue, and the stormwater- related issues that served as the basis for the 30 foot restriction are no longer an issue. In addition, Mason County Planning Department staff conducted an on-site inspection of the parcel in 1997, to evaluate critical area issues. See RLC97-0178. The evaluation findings document the fact that no critical areas, including any wetlands, were determined to exist on the site. A copy of the RLC documentation is attached as "Exhibit B." REQUIRED WRITTEN FINDINGS AND DETERMINATIONS 1. The alteration conforms to the requirements of RCW 58.17 and the provisions of MCC Title 16. 2. The item to be altered complies with the goals and policies of the Comprehensive Plan, applicable County codes and state laws. 3. The public use and interest will be served as a result of the proposed alteration. The site presents no critical area issues. See"Exhibit B."The 30 foot provision at issue was originally incorporated on the face of the short plat to address stormwater-related issues that have been resolved through maintenance of county ditches and culverts. The subject parcel is owned by the Port of Grapeview, a municipal corporation that exists to promote economic/public use opportunities in the area. The Port intends to develop the parcel for related purposes, and development plans will be facilitated by removal of the 30 foot provision. T1 T-T T T'Z1 T�� A 11131 IA A y - WARNWG;MASON cowry HAs M7 Id�SPpWA4UTr TO auto. N 87'37 45"W 67Z00 5 �t AWROVF pN�VrAOJ OR OTHERwxsf 9FRVJCE V L p. f ,n E o"n0 aivorr o�' tP G NERAL SERVICES rRECTOR snaaTpur, 0 Short Plat NORTH LINE, 7 NOTE.SEE A.FJ'210809, 210670, 48994 � for SECTI)N 8 470869 AND 470876 FOR Legend ��--- DE5CRl MNS OF THE TOTAL TRACT. 9A45 IRON BAR 6 PLASTIC CAP SET Mason County 0.314"LP. W/PLASTIC CAP LS 9398 Fire Protection L XESS OTHERWISE NOTED i� way,-, 0_ LD 1 ��, D {!Q'nv .�rl,rir✓ 0 �SOJL 6 WELL District #3 ry 0 f h In r SO TWRLY MARON GRAPEVEW LOOP cowwry=ma.96No Gov't. Lot 1, ^RA WEVJ LOOP ROAD (AS-MXT) _ P.O, lQ X/2T, ALLY/ WA. 99524L N•LotW.r�Z061275-2"9 3 6 'a.09"E 20 " IV PARCEL M�t�to�GD00044 e�e2aoo+oo. S 87.37'45"£ PTX o MkWOOON pTx c��oaan0030 34 I /3R00 ! 19A00 1 , tr• • t, A&L AD W K4JTAY) SCALE.• , Q a p/EXCEPT� pM I.._lQO.� 2239rJr45T (CIMRLF3 AALICEMti0) M ` L 0 T 3 WEST UWZ L 0 T 3 cov'r.LorI ��? 1.74 AC. W 2 ' � � ��, k � a L05 AFC. L ■ 'r. N4: Q L = (WALLACE IL LAAS*l —• 29454 � II 130.00. _ 300.00 . N 87• Jr 45" W 67L54 ro ) NOLMAN ASSOVA TES 30LrrN LOT PROFESSIONAL LAND Ss/j?}�URS (MLLMM K LAAPERT C7 wJ 42I NORTH 3RD. SHE7 !��"tSWA584 rRACrd dY F.w.P PO6 26-2990 88-145 E'N 111511 I Mason Land Records Imaging MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT Planning Division 411 N. Fifth, P.O. Box 578, Shelton, PIA 98584 (360) 427-9670 DATE: 09/02/97 TO: GRAPEVIEW PORT COMMISSION P.O: BOX 413 GRAPEVIEW WA 98546 RE: Community Club building and parking Case No. : RLC97-0178 Parcel No. : 121082190041 Dear Applicant: As part of this department's review on your permit application, a Resource Lands and Critical Areas (RLC) site inspection was performed on your property. Below you will find comments made regarding the proposed development and its critical values. In some cases, setbacks for development from steep slopes, streams, wetlands, and waterbodies must be included in your specific proposal; these setbacks are included as part of the comments listed below,. Please contact me at (360) 427-9670 or (360) 275-4467, ext. S if you have any questions. Sincerely, r Land se lanner Department of Community Development COMMENTS: Property includes a natural low land area along Okonek Road. There are indications that during winter months stormwater runoff naturally drains into this low area. Best site for building location is along the eastern and middle segment of the property. At the time of field assessment, no critical areas were identified. RLC, rev. 09/26/96 Mason Land Records Imaging MASON COUNTY RESOURCE LANDS & CRITICAL AREAS CHECKLIST PLEASE PRINT $44.00 Fee Required Applicant: C,,rm, C,,4rq/5 Parcel No. f,Z- Applicant Address: r o Z, I%_r_�//� City: 6W.Awym,", StLJf_Zip Legal Description: /, _ C of Phone: (r�U 2Zs Sz// Z �/R LSzyo Owner Name (if differ t from applicant: G,4, r- Purpose of Pre-Inspection: .,4/T_C.4Aed AVgAAez�/�T�.�f✓¢- Use of Building: Do any of the following exist on or within 200 feet of the property: saltwater lake _ river/stream /`pond wetland seasonal runoff slope Disc ons to Site: T Aw"t Ali. � _7W 4MV97' ©,ftt adir Please illustrate in the box below the proposed building site in relation to property lines, significant natural features, slope grade and direction and topography (or include on separate shoot): North Arrow i t E This checklist is designed to assist an applicant for a Building Permit, On-Site Sewage System Site Evaluation and Disposal Permit, Access Permit, Land Modification Permit, Boundary Line Adjustments, Land Segregations, Hazardous Waste Permit, or Shoreline Permit in determining whether their property is affect by regulations under the Mason County Interim Ordinance (77-93). This checklist is an important opportunity for identifying early in the permit process whether there will be any environmental regulations affecting the proposed development. If the information is incomplete, then Mason County must disclaim any errors resulting from deficiencies in the original application. Pre-inspection reports remain valid only until development changes occur in the vicinity which affects the lot evaluated in this inspection Lplicant Signature: ate: Return application to: Department of Community Devalopm ant,Planning Division 411 N.5th/P.O. Box 578 r Shelton, WA 98584 f (3B0)427-9870/1-800-562-5528 Please make checks or money orders payable to Meson County Treasurer When completed, this form beoomea pert of the permit application. Masan Land Records Imaging Please illustrate below the proposed building site in relation to critical area & property lines: Departmental Review (For Office Use Only) Planning Department Findings: i i f 4as,Qi3J"-md BzwWs- I maging - -- RLC # Pen-nit Number Owner Gc M ISS1 o4 Parcel # t2�08 -2 l �004't ❑ 1. Saltwater/Lake 20',- Acres tl SMP Designation N h Name of Water body ❑ 2. Rivers, streams, or creeks Type of Water ❑ 3. Lakes or ponds less than 20 acres in size? (Check if yes.)NQ 134. Wetlands: Areas that are inundated or saturated by surface water that under normal circumstances support vegetation adapted for life in such conditions as the following: Marshes, bogs, and swamps. (Check ii yas.)F-40 ❑ 5. Slopes greater than 15% or.8.5°? If yes, degree of slope 8`•- Ii'� ° ❑ 6. Floodplain? (Check if yes.) NO ❑ 7. Seismic Hazard Area? (Check if yes.) 0 ❑ 8. Aquifer Recharge Area? (Check if yes.) a D ❑ g. Comprehensive Plan Designation ❑ 10. . Other Comments: f��'pt�'�� �r cwc UCy� � �,a�i�ryy�- l�►ti ��{ �-� D,�m%�c r� IZa�(- ✓Yhr TA-, vwUIJ i Date Authorized Signature 1 Z EXHIBIT C Affected owner signatures approving the alteration, as required pursuant to MCC 16.36.028(D) AFFECTED OWNER AFFIDAVIT As an owner of property located within short plat#1940, I am an owner of"affected property." Pursuant to MCC 16.36.028(D)(4)-a copy of which is attached and which I have reviewed-I hereby sign to signify my approval of the proposed alteration. I understand that the alteration will result in removal of the following restriction currently set forth on the face of the short plat: "There will be no development and/or limited disturbance along the west 30 feet of the entire length north and south of Lot 1. " Val Call, for Val Call!jared Call Enterprises STATE OF � � ) :ss COUNTY OF�; kj�- ) On this day,personally appeared before me VAL CALL,to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that she signed the same as her free and voluntary act and deed, for the uses and purposes therein mentioned. WITNESS MY hand and official seal this L?i-day of ae�e_ ' 2008 �✓'� NOTARY P1013LIt IN AND FOR THE STATE OF Residing at_ My Commission expires:issi _ r s� "se ���Public� GREG(39Y L. SEAL i Jare all or Val tall/Jared ; 9031 South Canyon Gate Road � ed Call Enterprises e Sandy,Utah 84093 S My Commission Expires , a July 31,2009 state of Utah ` 0110 � re� r � � STATE OF w`�'"� ) .S COUNTY OF On this day,personally appeared before me JARED CALL,to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. WITNESS MY hand and official seal thisLk"day of , 2008 N TARY P LIC IN AND FOR THE STATE OF Residing at My Commission expires:_ For Mason Co ty Fire District#3 P •✓��rh�� Nota Pubila � ,- GREGOf�Y L. SEAL 1 9031 South Canyon Gate Road Sandy,Utah 4;:�.t a 6$ My Cot,, fission Expires °•. July 31,2C09 Sate of Utah STATE OF ) :ss COUNTY OF On this day,personally appeared before me , to me known to be the individual described in\and who executed the within and foregoing instrument, and acknowledged that s/he signed the same as his/her free and voluntary act and deed, for the uses and purposes therein r7tioned. y j ii WITNESS MY hand and official seal this day of 12008 J 7 c NOTARY PUBLIC IN AND FOR THE ST-ATE OF Residing ate My Commission expires: • eEtEe � 9EW On this day,personally appeared before me JARED CALL, to me own to be the individual described in and who executed the within and foregoin instrument, and acknowledged that he signed the same as his free and voluntary ac d deed, for the uses and purposes therein mentioned. WITNESS MY hand and official seal this ay of 2008 NOTARY PUBLIC IN AND FOR THE STATE OF Residing at My Commission expires: For Maso County Fire Distri 43 STATE OF Lo,!),- ) :ss COUNTY OF_LM&�1J ) QA On this day, personally appeared before me � �A1^ , to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that s/he signed the same as his/her free and voluntary act and deed, for the uses and purposes therein mentioned. WITNESS MY hand and official seal this 2q day of '►��X �, 2008 V'—�- ' �A 1`-'--1 NOTARY PUBLIC IN AND FOR \\\�►�►►►u uurrr���,� THE STATE OF k 0 M M/tip%, Residing at c." 'Ss►on Exo My Commission expires: cc �% �i°L Z �.. � U: 0 oAPRY puboo 0 F I W TITLE 16- PLATS AND SUBDIVISIONS JULY 2008 for public health,safety, and general welfare and for such open spaces, drainage ways, streets or roads,alleys,other public ways,transit stops,potable water supplies, sanitary wastes,parks and recreation,playgrounds, schools and schoolgrounds, and all other relevant facts, including sidewalks,and other planning features that assure safe walking conditions for students who only walk to and from school; and(b)the public use and interest will be served by the permitting the proposed subdivision of land. The public interest shall not include the regulatory taking of any contractual rights,options, or any other third-parry interest in land,which if the short subdivision were approved,may render such interests valueless. Written findings shall be made on a cover sheet to the short subdivision application and shall be signed by the administrator. 16.36.026 Procedure-Approval and Filinyt. If the Administrator determines that the foregoing requirements are met,he shall approve the application,and shall transmit an approved copy to the subdivider. The short subdivision shall be filed with the County Auditor. 16 36 027 Procedure-Appeal to Hearing Examiner. Any person aggrieved by the decision of the Administrator to approve or disapprove a proposed short plat may appeal the decision to the Mason County Hearing Examiner within (20)days following issuance of the decision. The Hearing Examiner,following a public meeting thereon,may affirm or reverse the Administrator's decision,or may recommend the application to the Administrator with instructions to approve the same upon compliance with the conditions imposed by the Hearing Examiner. • A nrpw= l er #'Oti►a. -. .'.2r1���13P0,��,���.h,.�.rt�� � . nr. P s,ar, .- 5 _17_060. Short subdivision alterations typically apply to those elements which are common to at least two or more lots within the short subdivision such as,but not limited to the relocation of trails,roads,buffers, open space,drainage easements,park and recreation sites, etc.Additional lots cannot be added except pursuant to RCW 58.17.060 and MCC 16.36.034. 16.36.028(B)General.An alteration to a portion of a recorded short subdivision replaces and supersedes the portion of the original short subdivision that is contained in the alteration. " -A_0v icati6ti:When any person is interested in the alteration of any short subdivision except as provided by RCW 58.17.040(6)or MCC 16.40.040 and 16.40.045,an °«�etfit~vi!may be submitted to the County and hall be on forms and with fees as stablished•by_the DepartmfPl'.� j= n2A"`(n)ReanirecL�Vritte�Ftnrlinuc.and.IUetEr inalionsiThe Administrator shall inquire into the public use and interest proposed to be served by the establishment of the short subdivision alteration,if any.A proposed short subdivision alteration shall not be approved unless the Administrator makes written findings that: 1.The alteration confonns to the requirements of RCW 58.17 and the provisions of this Title; 2. The items to be altered do not conflict with the goals and policies of the Comprehensive Plan and applicable community plan, applicable County codes and state laws; 3. e public use and interest will be served as a result of the proposed alteration;and All owners of affected properties have signed in front of a Notary approving the alteration. 16.36.028(E)Approval.The Administrator shall approve any proposed short subdivision 31 RECEIVED MAR 2 4 2009 ROBERT W. JOHNSON P 1 G c. ATTORNEY AT LAW M C C D - P LA N N I N G ANGLE BUILDING P.O.BOX 1400 SHELTON, WASHINGTON 98584 7.. TELEPHONE (360)426-9728 ROBERT W.JOHNSON - FAX(360)426-1902 February 10, 2009 Michael MacSems Mason County Dept. of Community Development Planning P.o. Box 279 Shelton WA 985t84 RE: Port of Grapeview/SP 1940 Dear Mr. MacSems: Enclosed please find check for the$108 fee for re-recording SP 1940. If you have any questions please call. Sincerely, ��L� 9:�'— "'c 'e' ROBERT W.JOHNSON RWJ:fh Enclosure DeoN CO& MASON COUNTY Shelton (360) 427-9670 DEPARTMENT OF COMMUNITY DEVELOPMENT Belfair (360) 275-4467 Planning _ Mason County Bldg. 1 411 N.5th Elma (360) 482-5269 P.O.Box 279 Shelton,WA 98584 1 f Robert Johnson P.O. Box 1400 Shelton, WA 98584 January 8, 2009 Re: SP 1940 Dear Mr. Johnson, I am in receipt the application that you recently submitted on behalf of the Port of Grapeview to modify short plat 1940. Your client wishes to delete a plat condition stating that the westerly 30' of Lot 1 shall have no development and little disturbance. In your cover letter you state that the reason for this condition was for stormwater management and that the condition is no longer as the nearby road ditch is now better maintained. You also enclosed paperwork showing that in 1997,planner Hugo Flores was unable to identify a wetland on Lot 1. I have discussed this application with Mason County Public Works as their right-of-way is adjacent to the area in question. Based on that discussion the County is willing to approve your request,but your client should be advised of the following: I looked at the site today and think that there probably is a wetland along Okonek Road, even if there wasn't an identifiable wetland there in 1997. Any future development will be subject Mason County Critical Areas Ordinace. New construction on this site will be required to meet a 25' building setback from the property line. New construction will have to meet current regulation for stormwater management. The County right-of-way actually extends 20'. east of the footprint of Okonek Road as portrayed on the short plat. There will be a$108 recording fee for re-recording SP 1940. A check for this amount should be made payable to the Mason County Auditor and delivered to my attention. Question: According to the Mason County Assessor, the owner of Lot 1 (Tax # 12108-21-90041) is the Port of Grapeview, yet I don't see a signature for anyone stating that they represent the Port. Are the Port of Grapeview and Fire Protection District 3 the same entity? Why has a representative of Val Call Enterprises signed this application? Please clarify. I can be reached at ext. 571 or by e-mail at mms cvco.mason.wa.us. Thank you. Sincerely, il Michael MacSems Subdivision Reviewer cc: Port of Grapeview Val Call Enterprises AFFECTED OWNER AFFIDAVIT As an owner of property located within short plat#1940, I am an owner of"affected property."Pursuant to MCC 16.36.028(D)(4)—a copy of which is attached and which I have reviewed—I hereby sign to signify my approval of the proposed alteration. I understand that the alteration will result in removal of the following restriction currently set forth on the face of the short plat: "There will be no development and/or limited disturbance along the west 30 feet of the entire length north and south of Lot 1. " e sentin pplicant, Port of Grapeview STATE OF � ) :ss COUNTY OF IJ&SbYl ) On this day,personally appeared before me 4 .kA (�,�,'Qom, to me known to be the individual described in and who executed the within and foregoing instrument,and acknowledged that s/he signed the same as his/her free and voluntary act and deed, for the uses and purposes therein mentioned. WITNESS MY hand and official seal this 1-1 day of MG.XCVfl , 2009 yiT'h,''� NOTARY PUBLIC kN AND MR ``.•�$$ioNaFj.'',� THE STATE OF rl . '�, �� Residing at `' N07AR1' My Commission expires: �ip��F'w AS,`����