Meeting Minutes

Hearing Examiner: Mitchell P. Delabarre
Planning Staff: Scott Clark, Director and Ed Harrell
Secretary: Sonja Baker

COMMISSIONERS’ HEARING ROOM - GRANT COUNTY COURTHOUSE
EPHRATA, WASHINGTON

MARCH 12, 2003
12:00 NOON

Mitch calls the meeting to order at 12:04 p.m.

Mitch gives a disclosure statement regarding an attorney in his firm representing Grant County.

Mitch swears in the audience.

Mitch requests Mr. Harrell to present request for Conditional Use Permit.

1. PUBLIC HEARING – Grant County Port District #7 - Conditional Use Permit to allow expansion of the Grand Coulee Dam Airport located in the Public Open Space of Grant County.

File No. 02-3420
S. 18, T. 28, R. 30
Ed Harrell – Project Planner

Ed Harrell presents the following from the staff report:
The Grand Coulee Dam Airport is a legal non-conforming use in the Public Open Space zone. In order to enable expansion of the airport facilities a Conditional Use Permit is required. Possible future expansion is identified as: eleven new hangars and other buildings, underground fuel tanks, a dock and float plane landing on Banks Lake, and possible extension of the runway. Each of these proposed additions will require application for and approval of specific permits at the time of development.

Proponent: Grant County Port District #7, represented by Kary Byam, P.O. Box 616, Grand Coulee, WA 99133

Location of Proposal: In the southeast quarter of Section 18, Township 28 North, Range 30 East, WM. Grant County, WA.

Zoning: Public Open Space also an airport safety-landing zone.

Surrounding Zoning: Public Open Space on all sides

Comprehensive Plan Designation: Open Space

Environmental Review: A SEPA Determination of Non-significance was issued for this project on February 25, 2003. (Attachment C)

Unified Development Code, Chapter 23.04 “Zoning” Table 4 Allowable Land Uses for Rural Lands………..
Page 72 line 16, Airports in the Public Open Space zone – Prohibited. Therefore it is a nonconforming use.

UDC Chapter 23.04 Zoning § 100 Nonconforming Uses

(a) Intent: Any lot, building, structure or legal use of land, existing or established at the time of the adoption of this Chapter, shall be permitted to continue. It is the intent of this Chapter:
(1) To allow these nonconformities to continue until they are removed, but not to encourage their survival, except as expressly provided in this Section;
(2) That nonconformities shall not be used as grounds for adding other structures or uses prohibited elsewhere in the same zoning district; and
(3) That nonconforming uses or structures not be allowed to expand except as expressly provided in this Section.

(d) Expansion, Modification, or Intensification of Nonconforming Use: Expansion, modification, or intensification of a nonconforming use is allowable subject to a conditional use permit, provided that:
(1) A nonconformance with the standards of the GCC shall not be created or increased;
(2) The proposed expansion shall comply with the requirements of the GCC to the maximum extent feasible;
(3) The proposed expansion shall not have an adverse impact on a critical area or cultural resource as designated in GCC § 24.08; and
(4) A nonconforming use shall not be permitted to expand beyond the lot on which it is located.
When reviewing a proposed expansion, modification or intensification of nonconforming use as a conditional use, the total impact of the nonconforming use shall be considered as well as the added impact of the incremental changes being proposed and the consistency of the changes with the requirements of the applicable zoning district.

Ed Harrell has some maps to orient Hearing Examiner to the project. First is a copy of the zoning map. Ed points out the runway in the map and the location of the proposed buildings. Second, is the aerial photo of the same area. Ed points out the same items on this overhead. Third, is the site plan submitted by the applicant showing potential expansion of the facilities in the future.

COMMENTS RECEIVED:

REVIEWING AGENCIES: Comments Due – February 21, 2003

AGENCY COMMENTS: (see copies of comments in Attachment D)

Washington State Department of Transportation
The total project will create additional traffic impacts to the local Airport Road intersection with SR-155. We continue to suggest that SEPA mitigation measures, a general development impact fee or a local road improvement district be required. All developments within this area should be participating in the improvements necessary to support cumulative growth.

Washington State Department of Ecology
If this proposed project is within 200 feet of the ordinary high water mark of Banks Lake, a shoreline development permit is required.

U.S. Bureau of Reclamation
Reclamation is currently negotiating a new lease for the use of this property with Grant County Port District #7. Any construction or expansion of the airport will require the review and approval of this office prior to the start of construction.

Public Comment:
Notice of this application was published in the Columbia Basin Herald, mailed to neighboring property owners within 300 feet, and posted on the site. There have been no comments received.

STAFF COMMENTS:
1) The Grand Coulee Dam Airport was built in the early to mid 1970’s. The land is owned by the U.S. Department of Interior, Bureau of Reclamation and leased to Grant County Port District #7.
2) If approved the Conditional Use Permit will enable future expansion of the airport as proposed. However, each new addition to the airport may require other permits or approvals. Including but not limited to: building permits and/or shoreline permits and the BOR approval.
3) This proposal was reviewed for compliance with UDC Chapter 24.08 Critical Areas and Cultural Resources. No critical areas were identified.
4) This proposal was processed as a Type III Quasi Judicial Decision, in accordance with Chapter 25.04 “Permit Application Review Procedures” and Chapter 25.08 “Conditional Uses and Variances”.

Mitch asked if there are any comments or discussion of the proposal for the new buildings.

Ed Harrell states there is an individual to build a new hanger on the property. This individual submitted a building permit over a yea ago.

Mitch asked if the planes currently located outside were going to be moved inside.

Mitch opens public comment. There is no public comment. Public hearing is closed.

Mitch asked if there is anyone in support of the application appearing today. Ed Harrell states that Mr. Byrum was going to try to make it. He had been supplied a staff report. The individual wanting to build the hanger is here in support.

Hearing concluded on this request. Mitch will take comments submitted under consideration and will have decision with in 10 days.

2. PUBLIC HEARING – Marlin Gun Club - Conditional Use Permit to enlarge the clubhouse with a 21-foot by 28-foot addition located in the Rural Remote zone of Grant County.

File No. 02-3521
S. 24, T. 22, R. 30
Ed Harrell – Project Planner

Ed Harrell presents the following from the staff report:
The proponent is seeking to enlarge the clubhouse with a 21-foot by 28-foot addition. The existing clubhouse is 19-feet by 28-feet. Outdoor Shooting Ranges require a Conditional Use Permit (CUP) in the Rural Remote zone. The Marlin Gun Club has never applied for nor received a CUP therefore it is a legal non-conforming use and a CUP is necessary for expansion.

Proponent: The Marlin Gun Club, represented by Mr. Doug Starkel, 12000 Lakeview Ranch LPN, Odessa, WA 99159

Location of Proposal: The subject parcel is located in a portion of Section 24, Township 22 North, Range 30 East, Willamette Meridian, Grant County, Washington.

Zoning: Rural Remote

Surrounding Zoning: Rural Remote on all sides

Comprehensive Plan Designation: Rural Remote

Environmental Review: This proposal is exempt from SEPA review because the building is less than 12,000 square feet.

Unified Development Code, Chapter 23.04 “Zoning”, Table 4 Allowable Land Uses for Rural Lands………..
Page 71, line 31, Outdoor Shooting Ranges in the Rural Remote zone require a Conditional Use Permit.

Ed Harrell has maps to be displayed on the overhead. First, is the vicinity map to give you an idea where it is located. Gun club is a little more than a mile south of the City of Marlin. Second, a blowup of the property owned by the Marlin Gun Club.

COMMENTS RECEIVED:

REVIEWING AGENCIES: Comments Due – February 27, 2003

AGENCY and Staff COMMENTS: (see copies of comments in Attachment C)
There were no adverse comments received for this proposal.

STAFF COMMENTS:
1) This proposal was reviewed for compliance with UDC Chapter 24.08 Critical Areas and Cultural Resources. Possible Priority Species Occurrence was identified.
2) This proposal was processed as a Type III Quasi Judicial Decision, in accordance with Chapter 25.04 “Permit Application Review Procedures” and Chapter 25.08 “Conditional Uses and Variances”.

Mitch states that he has no questions.

Public hearing is opened. No comments. Public hearing is closed.

Ed states that Mr. Starkle is here but there are no comments.

Mitch states that the session is adjourned.

Meeting adjourned at 12:20 p.m.

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