STAFF REPORT POSITIVE TAILS DOG TRAINING

Transcription

1 STAFF REPORT POSITIVE TAILS DOG TRAINING FROM: RE: DATE: Douglas County Hearing Examiner Douglas County Land Services Staff Positive Tails Dog Training CUP June 18,2018 I. GEN INFORMATION Requested Action: A conditional use permit application for a dog training ===:...:.' The subject property is located at th S1. SE within Section 17, Township 22 N., Range 21 Douglas CountyWA. The Douglas Tax Parcel Number is II. SITE INFORMATION Site Characteristics: site was formerly in A single family and outbuildings are located on the property. See Attachment A ~:!E22:. The property accesses SE, a road. Zoning: zoning the property is Commercial Agriculture 10 Acres. Attachment B III. COMPREHENSIVE PLAN ~ LATIONS: Douglas Countywide Comprehensive Plan designates property as Commercial Agriculture 10 Acres. The following goals and policies forth in the comprehensive plan are relevant this development: Agricultural uses Will preserved, enhanced and maintained to the extent outside Urban Growth (UGA). influences. Protect agricultural lands and activities from conflicting non-farm uses and POLICY T-18: As development occurs it shall comply with the applicable road standards and off-site improvements to existing County may be required those existing do not currently meet adopted standards. proposed use will harmonious in general and specific objectives the comprehensive plan and all subarea plans. Positive Tails Staff Report 1

2 B. The proposed use will constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended of the vicinity the area. C. by proposed use shall be mitigated so as not to burden the vicinity. D. adequately by facilities and services such as protection, drainage, refuse disposal, sewers, schools; or that persons or of the proposed use will provide G. ex(:;e~;sl,,'e additional requirements at public cost involve uses, activities, processes, will detrimental to any persons, excessive production of traffic, engineer. H. as fencing, landscaping, or topographic in place in order to mitigate, and project adjacent the proposed use, including visual or I. or J. is the review authority and may approve, conditionally for changing the minimum lot size of a conditional use. Any shall not be construed as an exemption from the req RCW Chapter rv" o:>to.ri a of IV. ENVIRONMENTAL REVIEW Douglas County a Determination of Non-significance on June in accordance with WAC (Optional DNS). Positive Tails

3 V. AGENCY AND PUBLIC COMMENTS: Applicable agencies have been given the opportunity review proposal. Agency comments have included as Attachment One public comment was submitted on this proposal at the time of comments included as Attachment D. review. Public the application. VI. PROJECT ANALYSIS In review of this proposal it is important to consider goals and policies the comprehensive plan, applicable county code, public and agency comments, any identified environmental concerns and state federal Identified below is planning analysis and consistency for the subject application. As conditioned, proposal is consistent with the and County Countywide Comprehensive Plan. of the Douglas applicant a to the evaluation application materials. which is included in the The proposed use is consistent with the goals and objectives of the Douglas County Countywide Comprehensive Plan. traffic generated by use is with within of the traffic circulation Street frontage currently does not meet standards. Conditions of approval require improvements or a deferral of improvements be The proposed use will not create additional requirements for public utilities or at public cost. access 4th SE will in accordance with County Code the International Code. to the nature and location of proposed use, landscaping does not appear to be point. application to work with a to design install Conditions for commercial kennels require an evaluation at 2 Landscaping can be required during the 2 year should buffering be ri",t",.-,ryi As...1"""Ay"':',.. the proposal appears with the requirements this section. The applicant has submitted a response to the commercial kennel criteria included in the application is proofed is more 200 feet from of No outside runs are proposed with application. All outdoor activities are proposed to be within hours of 6:00 am and 9:00 All animals are housed Positive Tails Staff Report Page 3

4 indoors. Application materials loading. the requirements for DCC Off Street Parking As conditioned the proposal with the section. The applicant has submitted a Stormwater Drainage dated March 26, 2018 from Pace Engineers Stormwater is proposed to be retained on site. At of a development permit, the shall be subject to the Greater Wenatchee Stormwater Utility annual charge. The is based upon the total of impervious surface on the site. that have a site-specific private system, with a recorded operation and maintenance agreement, and who maintained their system as required are eligible a reduction in the annual service charge. As conditioned the proposal of section. Existing transportation the minimum standard as identified in Douglas County Code. improvements are required development projects have frontage on a public road that does not meet current standards. 4th SE is as an Urban Minor are required including, but not limited to, curb, gutter, sidewalk and asphalt widening. right-of-way for 4th Street is approximately feet from centerline. Given the of Urban Minor Arterial, the right-of-way required for this road standard is centerline. Dedication of approximately 10 is necessary to bring rightof-way up to minimum Per Douglas County Code (C), the County Engineer the authority to frontage improvements. In order to be compliant with county code applicant will have to construct widening or obtain a deferral of improvements. UU"""C1'" County Code and addresses construction of frontage nrr,_cito frontage improvements as well as principles associated with Network Circulation to provide for long term, welfare safety of the traveling public in an efficient manner. This but is not limited to minimizing access points to collectors arterials, and planning for access to adjacent undeveloped properties. The requested foot right-of-way dedication along the southern property secures the right-of-way for connectivity 5 th street corridor as outlined in the Goals and Policies of the Comprehensive Plan and County Title 1 As conditioned the proposal appears consistent with the requirements of section. Positive Tails Staff Report 4

5 comments Douglas County Transportation, Chelan Douglas Health District, have identified mitigation or project design required for project. comments have included as conditions of approval to address agency concerns. VII. RECOMMENDATION As conditioned below, this application not appear to public health, or welfare and meets the intent and criteria with Title 1 19 and of Douglas County and County Countywide Comprehensive recommends approval of CUP-201 subject to following findings of fact and Suggested Findings of 1. The applicant is Jennifer th SE, Wenatchee, WA. 2. A conditional use permit application for a dog training facility. subject property is located at 2820 S1. within 17, Township 22 N., Range 21 E.W.M., Douglas County WA. The Douglas County Parcel Number is The Comprehensive Plan Designation is Commercial 10 acres. 5. zoning district is Commercial Agriculture 10 acres (AC-1 0). 6. applicant has submitted a Report dated March 26, 2018 from Engineers. Comments reviewing have appropriate. 8. One public comment was received during the public comment period... Ed and Bev Baugh, 4th Street SE, Wenatchee. Mr. and Mrs Baugh state that they no objections to the application. Douglas County issued a Determination Non-significance on June 18, 2018 in accordance with WAC 1 1 (Optional DNS). 10. The Chelan Douglas Health District has identified that the was an orchard and may contain or localized contaminated from and other pesticides and/or petroleum. Presence of these contaminants may the of on-site construction workers neighbors the soil is disturbed by uipment weather. 11. Existing transportation facilities currently do not meet the minimum standard as in County Code. Frontage improvements are required for all development projects that frontage on a public road that not meet current standards. 4th is as an Urban Minor Arterial. improvements are required including, but not limited to, curb, gutter, sidewalk and asphalt widening. 12. Existing right-of-way for Street is approximately feet from centerline. Given classification of Urban Minor Arterial, the right-of-way this standard is from 13. RCW (2) requires appropriate and adequate provisions be for streets or roads, public ways. Positive Tails Staff Report Page 5

6 14. County Code (C), the County has the authority improvements. County Code and construction of off-site frontage improvements as well as principles with Road Network Circulation required provide for the long term and safety of the traveling public in an manner. This but is not limited to minimizing access to collectors and arterials, planning access to adjacent undeveloped The requested 25 foot right-of-way dedication along the southern property line. secures the right-ofway for future connectivity of the 5 th street corridor as outlined in and Policies of the Comprehensive County Code public, Conclusions: 1. conditioned, the development meets the policies and implementation recommendations as set forth in the Douglas County Countywide Comprehensive Plan. conditioned, this proposal is consistent with applicable federal and state laws Public use and interests will be served by approval of this proposal. 4. As conditioned. the proposal is with 18 "Zoning" and Title 19 and Title 20 "Development of the Douglas County Conditions of Approval 1. project shall proceed in substantial materials of file dated April 13, conditions herein. 2. applicant is responsible for with all applicable local, state rules and regulations. 3. Chelan Douglas Health District dust control be maintained during any earth disturbing activities. district further recommends regular dust control, including dust mulching, hydro-seeding, gravel, other ground cover, for any left after construction including areas, paths, unpaved parking areas and roads. 4. Within 30 days of CUP approval, the applicant the choice to either provide construction plans to Douglas County with the intent to construct the required frontage improvements OR submit a written to Douglas County for..."',..." r.n of entering onto a Improvement Agreement for the Positive Tails Staff

7 SE improvements per DCC (C). The construction of frontage improvements or execution/recording of a Deferred Improvement agreement shall completed within 120 days CUP Failure to comply shall result in suspension of CUP approval until compliance is achieved. 5. Within 60 days CUP approval, the applicant shall address the right-of-way deficiency by and a Statutory Warranty Deed approximately 10 feet of right-of-way to Douglas County. Failure to comply shall result in suspension of CUP approval until compliance is A 25 foot right-of-way dedication is required the southern property for a 5 th SE corridor (Urban Access, Fig 3-7b). Within 60 days CUP approval, the applicant shall dedicate of right-of-way along southern property line by preparing and executing a Statutory Warranty Failure to comply shall in of CUP approval until 7. Private access shall conform to County (DCC) (B)(9) (Chapter 5/Appendix D of International Code). Coordinate design, review/acceptance with the County Fire Marshal. 8. Per Douglas County Code , all shall retained and disposed of or disposed of in a designed for such runoff and which does not flood or damage other properties. 9. Within 120 of CUP approval, the of Record shall provide and certification that the been constructed in accordance with accepted plans, as well as applicable Douglas County,"-,v'.n... and the Stormwater Management Manual for Washington. Once certification and asbuilts are received, a private operation and maintenance agreement shall be and Said shall be executed on standard forms prepared by Douglas County. The agreement shall specify the owner of the property as having responsibility for the long-term maintenance of private stormwater system within the development. to comply shall result in suspension of CUP approval until compliance is achieved. 1 The applicant shall for preventing dirt, mud debris from leaving the site, including stormwater runoff being or otherwise discharging onto public right-of-way or adjacent properties. 11. Individual/common plan of for this proposal exceeds 1 acre of disturbed ground. This meets the threshold used by Washington Department of Ecology in administering their Permit to Discharge Stormwater Associated with Construction Activity. If required, permit shall obtained prior to beginning groundbreaking Acquisition of this permit is the responsibility the applicant. 12. This permit shall granted a period end such an inspection be conducted by the hearing examiner to compliance with all the conditions of approval. The applicant/owner shall responsible for scheduling inspection and with the department. Positive Tails Staff Report 7

8 urtis Lillquist, A.... Principal Pia - Development Services Attachments Positive Tails Staff Report Page 8

9 _~===-_-===~ ~ Feet Note: This map is intended for general information purposes only. Douglas County makes no claim as to the accuracy or o current condition of the data shown on this map.

10 Note: This map is Intended for general information purposes _-====-_rc:::~~ ~_~Feet only. Douglas County makes no claim as to the accuracy or o current condition of the data shown on this map.

11 ATTACHM NTC

12 PUBLIC HEALTH Chelan-Douglas Health Dis,trict 200 Volley Moll Parkway, East Wenatchee, WA ALWAYS WORKING FOR ASAFER AND Personal Health: 509/ FAX Environmental Health: 509/ FAX HEALTHIER COMMUNITY Maternal Child Health: 509/ FAX Memorandum To: Curtis Lillquist, Transportation and Land Services From: Suzen Hyde, Chelan-Douglas Health District Date: May 24,2018 Re: CUP , Frese dog training facility I have reviewed the SEPA checklist and other documents submitted for the above development proposal. Based on this information, I recommend further approval of the project with the following conditions: The site was an orchard and may contain area-wide or localized contaminated soils from lead arsenate and other pesticides and/or petroleum. The presence of these contaminants may affect the health of on-site construction workers and neighbors when the soil is disturbed by equipment or weather. Dust control must be maintained during any earth disturbing activities. We recommend regular dust control, including dust suppressants, mulching, hydro-seeding, gravel sod and/or other ground cover, for any bare earth left after construction including, landscaped areas, paths, unpaved parking areas and roads. Any changes to the project may require additional Health District review. The Chelan-Douglas Health District, Board of Health has established fees for review of land-use applications. The District will bill the applicant upon receipt of these comments. Project Other Land Use review (CUPs, Zone Changes, etc.) per hour with 1 hour minimum (then 15 min increments if necessary) staff review fee CDHD 2018 fees $911hr

13 ( MenD DOUGLAS COUNTY TRANSPORTATION & LAND SERVICES TH STREET NW, SUITE A EAST WENATCHEE, WA PHONE: 509/ FAX: 509/ To: cc: Curtis Lillquist, AICP Aaron Simmons, PE, Jennifer Lange, PE, Tiffany Prazer From: Mike Neer, PE Date: May 24,2018 Re: CUP Positive Tails Dog Training Facility (Parcel No ) Preliminary Transportation &Stormwater Comments The current submittal has been reviewed for conformance with Douglas County Code and the comments / recommendations that were outlined in the materials provided to the applicant at the pre-application meeting. The application materials are acceptable for CUP approval. General conditions associated with the permit are outlined below. SUGGESTED FINDINGS: Application materials included: Pace Engineers prepared Storm Drainage Report, received April 18, 2018 Applicant prepared Site Plan, received April 18, Positive Tails Dog Training Facility CUP Project Narrative, received April 18, With incorporation of the conditions below, preliminary approval is recommended. TRANSPORTATION 1. Existing transportation facilities currently do not meet the minimum standard as identified in &~ Douglas County Code. Frontage improvements are required for all development projects that f have frontage on a public road that does not meet current standards. 4th Street SE is classified as an Urban Minor Arterial. Half-street improvements are required including, but not limited to, curb, gutter, sidewalk, and asphalt widening. a. Within 30 days of CUP approval the applicant has the choice to either provide construction plans to Douglas County with the intent to construct the required frontage " improvements OR submit a written request to Douglas County for consideration of entering into a Deferred Improvement Agreement for the 4th Street SE road improvements per DCC C. The construction of frontage improvements or execution/recording of a Deferred Improvement Agreement shall be completed within 120 days of CUP approval. Failure to comply shall result in suspension of CUP approval r 1 until compliance is achieved. (~.I"'i b. [Existing right-of-way for 4th Street SE is approximately 25 ft. from centerline. Given the classification of Urban Minor Arterial, the right-of-way required for this road standard is 1

14 35 ft. from centerlinjwithin 60 days of CUP approval, the applicant shall address the right-of-way deficief?cy by preparing and executing a Statutory Warranty Deed, dedicating approximately 10 ft. of right-of-way to Douglas County. Failure to comply shall result in suspension of CUP approval until compliance is achieved. 2. Douglas County Code and addresses construction of frontage and off-site frontage improvements as well as general principles associated with Road Network Circulation required to provide for the long term health, welfare and safety of the traveling public in an efficient manner. This includes but is not limited to minimizing access points to collectors and arterials, and planning for access to adjacent undeveloped properties. The requested 25-ft rightof-way dedication along the southern property line, secures the right-of-way necessary for future connectivity of the 5 th Street SE corridor as outlined within the Goals and Policies of the Comprehensive Plan and Douglas County Code Title 12. a. 5 th Street SE - Urban Local Access, Fig. 3-7b. A 25' right of way dedication is required along the southern property line. Within 60 days of CUP approval, the applicant shall dedicate 25 ft. of right-of-way along the southern property line by preparing and executing a Statutory Warranty Deed. Failure to comply shall result in suspension of CUP approval until compliance is achieved. 'i. 3. Private access to conform to Douglas County Code (DCC) Section B.9 (Chapter 5 / Appendix D of the International Fire Code). Coordinate design, review / acceptance with the County Fire Marshal. STORMWATER I. 1. Per Douglas County Code , all stormwater runoff shall be retained and disposed of onsite or disposed of in a system designed for such runoff and which does not flood or damage other properties. 2. Within 120 days of CUP approval, the Engineer of Record shall provide as-builts and stamped certification that the drainage system has been constructed in accordance with the accepted plans, as well as applicable Douglas County Codes and the Stormwater Management Manual for Eastern Washington. Once certification and asbuilts are received, a private stormwater operation and maintenance agreement shall be executed and recorded. Said agreement shall be executed on standard forms prepared by Douglas County. The agreement shall specify the owner of the property as having responsibility for the long-term maintenance of the private stormwater drainage system within the development. Failure to comply shall result in suspension of CUP approval until compliance is achieved. 3. The applicant shall be responsible for preventing mud, dirt and debris from leaving the site, '( including stormwater runoff from being tracked or otherwise discharging onto the public right-ofway or adjacent properties. At issuance of a development permit, the parcel shall be subject to the Greater East Wenatchee Stormwater Utility annual service charge. The charge is based upon the total square feet of impervious surface on the site. Sites that have a site-specific private system, with a recorded operation and maintenance agreement, and who have maintained their system as required are eligible for a reduction in the annual service charge. Individual/common plan development for this proposal exceeds 1 acre of disturbed ground. This meets the threshold used by the Washington State Department of Ecology in administering their General Permit to Discharge Stormwater Associated with Construction Activity. If required, the permit shall be obtained prior to beginning ground breaking activities. Acquisition of this permit is the responsibility of the applicant. 2

15 ATTACHM NT D

16 RECEIVED MAY DOUGLAS COUNTY TLS th Street SE East Wenatchee, WA Re: Conditional Use Permit: th Street SE East Wenatchee, WA To Whom it May Concern: We received a copy of the notification for a Conditional Use Permit for Positive Tails Dog Training facility. Our property borders this facility to the west. We have no objection to the use of the property for the purpose of training dogs. The owner Jennifer Frese has put a lot of thought into this project and it has been professionally planned and developed. We welcome her and her training facility to the neighborhood. Sincerely, ()#,i ~ r: ~~~~~I Ed and Be~ Baugh ~,~