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AGENDA WALLA WALLA COUNTY BOARD OF COMMISSIONERS FRIDAY, DECEMBER 21, 2018- SPECIAL MEETING (PLEASE NOTE SLIGHTLY EARLIER START TIME THIS DATE) 9:15 COUNTY COMMISSIONERS Chairman Johnson All matters listed within the Consent Agenda have been distributed to each County Commissioner for review and are considered routine. The Consent Agenda will be approved by one motion of the Board of County Commissioners with no separate discussion . If separate discussion is desired on a certain item, that item may be removed from the Consent Agenda at the request of a Commissioner, for action later. a) Roll call and establish a quorum b) Declarations re : conflict of interest c) Pledge of Allegiance d) Public comment period (time limitations may be imposed) PLEASE NOTE: If you wish to address the Commission, please raise your hand to be recognized by the Chair. When you have been recognized, please step up to the microphone and give your name and address before your comments. The Walla Walla County Commissioners are committed to maintaining a meeting atmosphere of mutual respect and speakers are encouraged to honor this principle. (An individual may request to address the board at a later time on the agenda, if time permits, by contacting the Clerk of the Board at least 24 hours orior to the meetina.) Thank vou. e) Action Agenda Items: 1) Review warrant list 2) Review submitted Employee Payroll Action Forms f) Consent Agenda Items: 1) Resolution ____ - Minutes of County Commissioners' sessions of December 17 and 18, 2018 2) Resolution ____ - Cancelling a County Commissioners' session 3) Approval of final plat Daybreak Estates (SUB18-018) 4) County vouchers/warrants/electronic payments as follows: 4204107 through 4204405 totaling $1,680,707.33 and 4204090 in the amount of $2,500.00 and 4204106 in the amount of $126,464.89 5) Payroll action and other forms requiring Board approval g) Action Agenda Items: 1) Proposal 2018 12-21 SO-1 Approval to offer salary above mid-range for Walla Walla County Undersheriff

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Page 1: AGENDA WALLA WALLA COUNTY BOARD OF COMMISSIONERS …€¦ · WALLA WALLA COUNTY BOARD OF COMMISSIONERS FRIDAY, DECEMBER 21, 2018-SPECIAL MEETING (PLEASE NOTE SLIGHTLY EARLIER START

AGENDA

WALLA WALLA COUNTY BOARD OF COMMISSIONERS

FRIDAY, DECEMBER 21, 2018- SPECIAL MEETING

(PLEASE NOTE SLIGHTLY EARLIER START TIME THIS DATE)

9:15 COUNTY COMMISSIONERS Chairman Johnson

All matters listed within the Consent Agenda have been distributed to each County Commissioner for review and are considered routine. The Consent Agenda will be approved by one motion of the Board of County Commissioners with no separate discussion. If separate discussion is desired on a certain item, that item may be removed from the Consent Agenda at the request of a Commissioner, for action later.

a) Roll call and establish a quorum

b) Declarations re: conflict of interest

c) Pledge of Allegiance

d) Public comment period (time limitations may be imposed)

PLEASE NOTE: If you wish to address the Commission, please raise your hand to be recognized by the Chair. When you have been recognized, please step up to the microphone and give your name and address before your comments. The Walla Walla County Commissioners are committed to maintaining a meeting atmosphere of mutual respect and speakers are encouraged to honor this principle. (An individual may request to address the board at a later time on the agenda, if time permits, by contacting the Clerk of the Board at least 24 hours orior to the meetina.) Thank vou.

e) Action Agenda Items: 1) Review warrant list 2) Review submitted Employee

Payroll Action Forms

f) Consent Agenda Items: 1) Resolution ____ - Minutes of

County Commissioners' sessions of December 17 and 18, 2018

2) Resolution ____ - Cancelling a County Commissioners' session

3) Approval of final plat Daybreak Estates (SUB18-018)

4) County vouchers/warrants/electronic payments as follows: 4204107 through 4204405 totaling $1,680,707.33 and 4204090 in the amount of $2,500.00 and 4204106 in the amount of $126,464.89

5) Payroll action and other forms requiring Board approval

g) Action Agenda Items: 1) Proposal 2018 12-21 SO-1

Approval to offer salary above mid-range for Walla Walla County Undersheriff

Page 2: AGENDA WALLA WALLA COUNTY BOARD OF COMMISSIONERS …€¦ · WALLA WALLA COUNTY BOARD OF COMMISSIONERS FRIDAY, DECEMBER 21, 2018-SPECIAL MEETING (PLEASE NOTE SLIGHTLY EARLIER START

BOARD OF COUNTY COMMISSIONERS WALLA WALLA COUNTY, WASHINGTON

IN THE MATTER CANCELLING } A COUNTY COMMISSIONERS' SESSION

RESOLUTION NO. 18 3

WHEREAS, pursuant to Walla Walla County Resolution 18 309, certain county commissioners' sessions were cancelled and a special session was set; and

WHEREAS, said resolution referenced that the Board of County Commissioners would meet on December 31, 2018; and

WHEREAS, all business that was scheduled to come before the Board on December 31 , 2018 has been cancelled; now therefore

BE IT HEREBY RESOLVED by this Board of Walla Walla County Commissioners that the regularly scheduled Board meeting of December 31, 2018 be cancelled .

BE IT FURTHER RESOLVED that regular meetings of the Board will then resume on January 7 and 8, 2019.

"Passed this 21st day of December. 2018 by Board members as follows: _Present or_ Participating via other means, and by the following vote: _ Aye _Nay _ Abstained _Absent."

Attest:

Connie R. Vinti, Clerk of the Board James K. Johnson, Chairman, District 1

Todd L. Kimball , Commissioner, District 2

James L. Duncan, Commissioner, District 3

Constituting the Board of County Commissioners of Walla Walla County, Washington

Page 3: AGENDA WALLA WALLA COUNTY BOARD OF COMMISSIONERS …€¦ · WALLA WALLA COUNTY BOARD OF COMMISSIONERS FRIDAY, DECEMBER 21, 2018-SPECIAL MEETING (PLEASE NOTE SLIGHTLY EARLIER START

Walla Walla County Community Development Department 310 W. Poplar Street, Suite 200, Walla Walla, WA 99362 / 509-524-2610 Main

To: From: Date Prepared: Agenda Date:

Board of County Commissioners Lauren Prentice, Principal Planner December 18, 2018 December 21, 2018

RE: Consent Agenda Item - SUB18-018 Daybreak Estates Final Plat Approval

Recommended Motion I move approval of the consent agenda.

Reguest Approval of the final plat map for Daybreak Estates ( application SUB18-018).

Backi:round The Daybreak Estates final plat has been submitted to the Walla Walla County Community Development Department by the developer, Brent Knowles. Approval of the cluster subdivision will result in the creation of nine single-family residential lots (approximately one-acre each) and one remaining resource parcel generally located approximately one-third mile west of Valley Chapel Road lying north of Stateline Road and east of Locher Road. The residential lots are located off of Stateline Road; access to all nine residential lots will be from Daybreak Road, a new private road. Required improvements have been completed.

The property is zoned Agriculture Residential 10-acres. Cluster developments, subject to the development standards in Chapter 17.31, are the only type of development allowed in the AR-10 zone; the creation of 10-acre lots is not allowed. The site will be served by on-site exempt domestic wells and sanitary sewer disposal systems.

The County's Pro Tern Hearing Examiner, Leland Kerr, granted preliminary plat approval of the subdivision on September 14, 2017, with six conditions of approval (Attachment B, Page 10).

The final plat has been reviewed by all appropriate agencies for conformance with the conditions of approval (Building/Fire, Environmental Health, Public Works, Planning); staff is recommending that the final plat be approved.

Final plat approval is the last step in the land division process. Lots can be sold only after the final plat has been recorded with the County Auditor. Approval by the Board can be via the motion recommended above, as the subdivision ordinance does not require approval of a resolution.

Attachments A. Proposed Final Plat Map B. Hearing Examiner's Findings of Fact, Conclusion of Law, and Decision (SUB17-003)

Daybreak Estates Subdivision - Staff Report, SUB18-018 Page 1 of 1

Page 4: AGENDA WALLA WALLA COUNTY BOARD OF COMMISSIONERS …€¦ · WALLA WALLA COUNTY BOARD OF COMMISSIONERS FRIDAY, DECEMBER 21, 2018-SPECIAL MEETING (PLEASE NOTE SLIGHTLY EARLIER START

Attachment A

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S flLE NO. 2006 - 0B6J5. {RB} DA\110 KNOWl.[S SHORT PlAT, BY TOMKINS (TOMKJNS LAND SURVEY/NC, INC.). BOOK 4 OF SHORT PLATS, PAGE 174; AUOlrOR'S FIL[ NO. 2005-0474.l {R9} KNOWl.£S-CASU-HOPSON BOUNDARY LINE AOJUSTM[NT SUR'A;Y, BY TOMKINS (TOMKINS LAND SUR\IE'YING, INC.), BOOK 9 or SUR\IE'YS. PAC[ 264; AUDITOR'S FILE NO. 2005- 1J9J9. [RIO} BOUNDARY UN[ ADJUSTMENT SUR'A:Y FOR KNOWl.[S & WILCOX, BY rLO'KRS (PBS CNCIN[ERING di: [N\/!RONMENTAL). BOOK 1.J OF SUR'A;'t'S, PAC£ 115. AUDlrOR'S l"IL[ NO. 2018-09485.

AUDITOR'S C[RTlflCAT[ FJLED FOR RECORD THIS_ DAY OF ___ 20 __ AT TH[ REOU[ST OF GR[C £. FLO'lr£RS. LANO SUR\IE'YOR. IN BOOK __ AT PACE __ Of' RECORD OF SURVEY.

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l. THIS SURVEY WAS INITIATED BY PAUL TOMKINS AT TH[ REOUEST OF BR[NT KNOWl.[S TO SUBOl\l!DE LOT 4 or KNOWl.[S' VALLEY CHAP[L SHORT PLAT NO. I, RECORDED IN BOOK 5 OF SHORT PLATS AT PAGE 127, AUDITOR'S FILE NO. 2016-08252. 'M-IICH HAS BEEN ADJUSTED BY BOUNDARY UN[ ADJUSTMENT SURVEY BOOK I.J, PAC[ 115, AUDITOR'S FILE NO. 2018-09485. BETWEEN TH[ TIM[ THAT THE PLAT MONUM[NTS 'KR[ SET ANO THE nM[ THE F'INAL PlAT WAS APPROvfD, PAUL TOMKINS B[CAME UNAVAILABLE TO SIGN TH[ PLAT, BEING FULLY INVOLvfD THROUGHOUT THE [NTIR[ PROC[SS ANO AF'TER A THOROUGH RE\.1[W ANO ANALYSIS OF T/4£ PLAT AND PR[CEDING SURVEYS, I HA\IE' ACCEPTED TH[ WORK DON[ AND TH[ DECISIONS MADE AND 1HER[FOR[ STAMPED THIS PLAT.

2. IN THE COURSE OF DRAFTING OUR BOUNDARY LINE AOJUSTM[Nr SUR\IE'Y FOR KNOV.tES AND WILCOX (BK. I.J, PC. 115 NOTED ABOVE), 1',H/CH $HIFT£D OWN[RSH/P OF A STRIP OF LAND ADJOINING TH£ EAST UN£ OF LOTS J, 6, ANO 9 SHOWN HEREON TO MR, WILCOX, S£V[RAL DRAF'TING [RRORS 'KRE FOUND ON PREVIOUS SURV[YS P[RFORM[D ON THESE LANO$ BY THIS F'IRM AND ,rs PREDECESSORS. THE ERRONEOUS LINES ANO ANNOTATIONS 'KRE CORRECTED ON THAT SUR\IE'Y, AND TH[ CORRECT /NFORMA TION IS ALSO SHOWN H[REON.

J. THIS SURVEY WA$ PERFORMED IN MARCH OF 2016 AS A REAL TIME KINEMATIC SURVEY USING TRIMBl[ R6-4 DUAL rREOUENCY CPS RECEIVfRS HA\.1NG A PR[CISJON OF ON[ C[NT/M[T[R ± I PPM.

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5. TH!S SURVEY MEETS OR EXCEEDS THE ACCURACY STANDARDS OUTUN[O IN WAC .J.J2- IJD.

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Page 5: AGENDA WALLA WALLA COUNTY BOARD OF COMMISSIONERS …€¦ · WALLA WALLA COUNTY BOARD OF COMMISSIONERS FRIDAY, DECEMBER 21, 2018-SPECIAL MEETING (PLEASE NOTE SLIGHTLY EARLIER START

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CUENT: BRE.NT l<J\IO'M..£S PROJECT NO; 67CM6

SURVEYOR: GREG E. FLO'M:RS DATE: 11116/2018

CAI..CBY: PWPT DRAWN BY: MFW SCAI..E: 1"•100

SECTION: 8. 9, 16 TO\MIISHIP: 6 NORTH R.AJ\IGE: 35 EAST

CITY: NIA COlNTY: WAUA WALLA I Si-EET _L OF _L

Page 6: AGENDA WALLA WALLA COUNTY BOARD OF COMMISSIONERS …€¦ · WALLA WALLA COUNTY BOARD OF COMMISSIONERS FRIDAY, DECEMBER 21, 2018-SPECIAL MEETING (PLEASE NOTE SLIGHTLY EARLIER START

LOT 4 L[GAL D[SCRlfTIQN P£R BOUNDARY LJN£ AD.AJSTM£NT SURVEY BOOK IJ PAC£ 115:

A PARC[L OF LAND LOCAT£D IN TH( NORTH(AST OUARTE:R AND THE: SOUTH(AST OUARTCR Of" SECTION 8, TH( SOUTHW[ST OUARTCR AND TH( SOUTHEAST OUARTCR OF SCCTION 9. AND COVERNMENT LOTS I, 2, AND J OF SECTION 16, All IN TOv.,.tSHIP 6 NORTH. RANCE J5 ('AST, W.M .• WAU.A WALLA COUNTY, WASHINCTON, BEINC D[SCRIBf:O MOR£ PARTICULARLY AS FOi.LOWS:

COMME:NCINC AT THC SOU THC AST CORN£R or SA.ID S£CTION 8. B£1NC THC TRUE: POINT or B£CINNINC; THENCC S87"25'JJ·w ALONC TH£ SOUTH LIN£ or S£CTION 8 A DISTANC£ OF 2211.69 F££T TO THC £AST LIN£ or THC DA'AN LANDS, AS DCT[RMIN[D AND DCSCRIBED IN THAT SHORT PLAT RECORD£D N0',,£MBER 5, 200J, IN BOOK 4 or SHORT PLATS AT PAGC. 118. RECORDS OF TH[ WALLA WALLA COUNTY AUDITOR; THENCE ALONC TH( £AST LIN£ OF SAID LANDS BY TH£ FOLLO~NC COURS£S AND DISTANCCS:

N09"47"J9"[ A DISTANCC Of 160. 77 f££T; THENC[ N05'27°J4"W A DISTANCE Of 7J.07 F££T: TH£NC£ N1o·s2•32•w A DISTANCE OF 118.89 f££T: THENCC. N2Y58'09"W A DISTANCE OF 167.J4 F££.T; THCNCE N5l 004'25"W A DISTANCE OF 62.5J ff£.T TO A POINT ON THC [AST UN[ OF ADJUST[O PARC£l "B" OF THAT SURVEY R£COROCD IN BOOK 12 OF SURVEYS AT PACE 176. R[COROS or SAID AUDITOR; TH[NC£ NOl"07'20"W ALONC SAID £AS T UN£ A OISTANC£ Of 19D4.05 f££T; TH[NC[ S88'08'41"W ALONC TH£ NORTH UN[ OF SAID PARCEL ·e· A OISTANC£ OF JJO.OJ f('[T TO A PQNT ON THC [AST UN[ or TH£ SOUTHW[ST OUART£R or SAID SECTION 8;

THENC£ N01"07'2o·w ALONC SAID EAST LINE OF mr: SOUTHW[ST QUARTER A DISTANCE or 189. 19 FECT TO TH[ NORTHEAST CORNER TH£R(Of; THC.NC£ CONT/NU/NC N01'07'20"W ALONC TH( (AST UN( OF TH[ NORTHWE"ST OUARTCR OF 5Af0 SECTION 8 A DISTANC( Of IJ2I.JO f£c.T TO TH[ SOUTHCAST CORNCR OF THC NORTH HAU:" or SAID NORTH~ST OUARTCR OF SAID SCCTION 8: THENCE SBB-On2·w ALONG THE SOUTH LINC OF SAJO NORTH HALF A DISTANC[ Of 1791.62 FEET TO A POINT ON THE SOUTH LINE OF THOSE LANDS IN SCCTION 8 OIW("O BY TH£ BURLINGAMf OITCH COMPANY, THENCE AL ONC SAID OITCH COMPANY LANDS 8Y THf FOLLOWING COURSCS AND DISTANCES:

N52'41'47"£ A OISTANC£ OF 100.00 r('fT; mrncr: N7J'll'47"£ A DISTANCE Of 42J.OO rEET; THCNCt: NBJ"fJ'47"£ A DISTANCE or 400.00 rCET; THENCE S77"06"1J "£ A DISTANCE OF 210.00 r[[T; THENCE S86"0J'fJ"£ A DISTANCE or 190.00 f[[T; THENCE 588°16'/.J"f A OISTANCE or 245.00 rcET; THENCE 577"51'1JT A DISTANCE or 7JO.OO F£[T; TH£NCf N89"08'47"[ A DISTANCE OF 1125.00 F££T; THENCf: S7D"08'1J"[ A DISTANC£ OF 78.00 r[CT; THENCE S59L6'1J"[ A DISTANCE OF 255.00 FEET: THC.NC[ N79°4J'47"[ A OISTANCC or 480.00 FEET: THENCf N602J'47"[ A DISTANCE OF J.49 F('[T; THfNCt N60"2J'47"E A DISTANCC Of Jl.65 rECT TO A POINT ON TH£ BOUNDARY OF TH( KN0\1-t.CS LAND AS D(PICTCO IN THC BOUNDARY ADJUSTMENT SVR\ICY RECORDED IN BOOK 9 or SUR~YS AT PAC( 264, R[CORDS or SAID AUDITOR, THENC£ ALONC SAID BOUNDARY BY THf FDLLDMNC COURS£5 AND DISTANCCS:

527'44°42"( A DISTANCE or 54.22 ffET: TH(NCf S08"Jl'54T A DISTANCC or 79. 71 rccT: TH[NCE S01"06'48"WA 0/STANC[ or IIJ.62 FEET; TH£NCE 524"5J'50"£ A DISTANCE or 8J.90 F££T; THENCE 554°09'42"[ A OISTANC[ Of 155.55 Fe.CT; TH[NC[ S5Y20'19"W A DISTANCE OF 140.04 rccr; TH[NCE SJ6°20'55"[ A DISTANCE or J72.84 FEET; THENCE SJl"04"10 "£ A DISTANCE OF 4l0.8J rEET TO A POINT ON THE NORTH LINE OF TH£ SOUTH\',£ST QUARTER or SECTION 9:

THCNC[ O('PARTING FROM TH£ AFOR[M[NTION[D BOUNDARY AOJUSTM[NT LINE AS FOLLOWS:

SJC)f'JJ"[ A OISTANC[ OF 649.91 rcrr: m[NCE S54°25'06"[ A DISTANCE OF JDS.DO Fe.CT; TH[NC[ S70°4J'06"f A DISTANCE OF 175.00 FEET; THENCE 549'29'06"E A DISTANCE or 190.00 FEET; THENCE S04-0J'06"f A DISTANCE OF 200.00 FEET; m[NCE 52529'06"[ A DISTANCE OF 150.00 f[[T; THENCE 57816'06"[ A DISTANCE Of 180.00 F[CT: THENC[ N77°Jl'54"[ A DISTANC( OF 2JD.00 FC[T; TH[NC£ 554·51'06"£ A DISTANCE OF 94. 11 F[ET TO A POINT IN TH£ NORTH LIN[ or THC SOUTHEAST QUART[R OF THC SOUTHW[ST OUARTCR or SAID 5£CTION 9;

THENCE sss·49·45•w ALONG SAID NORTH LINC OF SAID SOUTHEAST OIJART(R or TH[ SOUTHl',£ST OIJARTCR A DISTANCC OF J5l.45 FEET TO TH[ NORTHW[ST CORNER THEREOF: THENCE SOIH 056T ALONG TH[ W[ST LINE or SAID SOUTHEAST OUARTCR or THE SOUTH~ST OUARTCR A OISTANCC. OF 557. 76 FtCT; THENCE N8910'54"( A DISTANCC or 2085.0J F££T TO THC NORTHl',£ST CORNER OF LDT J or THAT SHORT PLAT R[CORDCD IN BOOK 5 OF SHORT PLATS AT PAC[ 127, RECORDS OF SAID AUDITOR: TH[NC£ ALONG TH[ \',£ST LIN( or SAID LDT J BY TH[ fot.LOWING COIJRS[S AND DISTANCE:S:

so , ·40 ·2s·w A DISTANCE OF J4.58 F[CT; TH[NC( Sl8"17'59"E A DISTANCE Of" 21.29 FEET; TH[NC£ 518"57"55 "W A DISTANCE Of 15.54 FC.CT; TH[NCE Sf2"J2°J8 "[ A DISTANC[ or l4.J7 F[CT; THENCC 515"05"57"W A DISTANC£ or 48.J2 F££T: TH[NCC SJf 0J7'1o· r A OISTANCC or 2J.94 F[[T; THCNC[ N8910'54 "[ A DISTANC[ OF 292.59 FtET TO A POINT IN me. \',£ST LIN( OF LOT 2 OF SAID SHORT PLAT; THENCE so1 •11'19•c ALONG SAID 1',£ST UN£ AND ALSO TH[ WE"ST U N[ or LOT J Of SAID SHORT PLAT A DISTANCC or 150.59 F£CT; THCNC[ CONT/NU/NC ALONC THC WE"ST AND SOUTH UN£ or SAID LDT J BY THE FOI.LOMNC COURS£S AND OISTANC[S:

sss·34·2o·w A DISTANCE OF 27.21 F££T: THfNCC WITH A CURVE TURN/NC TO THC RIGHT WITH A RADIUS OF 175.00 FCCT. WITH AN ARC LENGTH Of 116.15 f[[T, W1m A CHORD B£ARING or S64"29's1·w. WITH A CHORD LENGTH OF 114.0J f££T; TH[NC£ sos·22·m·c A DISTANCE or 58.8J f££T; THENCE S09°42'4J"W A DISTANCE" OF J2.46 FECT; THCNCC S2J"29'58"£ A DISTANCE OF JJ.02 rrn: TH[NC[ Sl6°J5"J7"W A DISTANCE OF 9.88 f[(T; THENCE 545'06'19"£ A DISTANCE OF 14 . .JJ rc,:r; THENCE N89'10°54"£ A DISTANCE OF J56.JJ Ff[T TO A POINT IN TH( ~ST RIGHT OF WA y or VALL£Y CHAPEL ROAO, THENC( ALONG SAID RICHT Qf WA y UN[ AS FOLLOWS:

THENCE 501"05'44"[ A DISTANCE or 159.69 FEET; THENCE WITH A CUR',,£ TURNING TO TH[ LffT WITH A RADIUS or 5760.00 F££T, WITH AN ARC L(NCTH OF 105.BJ F££T. WITH A CHORD SCARING or SOl'J7'19"[, MTH A CHORD LCNGTH OF 105.BJ FC(T; THCNCC S89"10°54~W A DISTANCE OF 5.00 F£(T TO TH[ NORTH(AST CORNER or THAT SHORT PLAT RCCORD[D IN BOOK J Of SHORT Pt.ATS AT PACE 27, RCCORDS OF SAID AUDITOR; THENCf ALONC TH£ BOUNDARY or SAID SHORT PLAT BY THE F<XLOWING COURSES AND DISTANCES:

S89"10'54"W A DISTANCE OF 1152.69 rffT: m[NC[ 555·54•0, · ,: A DISTANCE OF 67.J9 FECT; THENCE 544"04'58"[ A OISTANC[ or 29.86 FE[T; THENCE 560°46'2J"£ A Dl5TANC£ OF 87.92 F[(T; TH[NC( 544·29•57"E A DISTANCE Of 105.IB FEET; THENC£ 511"J6 '00"[ A DISTANCE or 55.85 f££.T; TH(NC£ S05"59'46"W A DISTANCE or 107.50 F££ T; THENCE S27"Jr'Ol"f A OISTANCf OF 57. 74 FfET; THCNCC s,o·oJ'l4"£ A OISTANCC. OF 102.22 rEET: THENCE sss·45'JB·w A OISTANC£ or J78.55 Ft[T TO THE SOUTHl',£5T CORN£R or SAID SHORT PLAT, 'M-IICH 15 A PCNNT IN TH[ £.AST UN( OF COVfRNM(NT LOT 2 IN FRACTIONAL S(CTION 16 or SAID TOlomSHIP ANO RANCE;

THENC[ soJ·51•12·c ALONG SAID [AST LINE A DISTANCC OF 406.05 FEET TO TH[ NORTH(AST CORNER or PARCfL "£" AS DCPICTfO AND DESCRIBfD IN THAT BOUNDARY LINE ADJUSTM[NT SURVfY R[CORDED IN BOOK 10 or SURVEYS AT PAGE 46, RECORDS OF SAID AUDITOR; TH£NC[ 588"40'5s·w ALONC TH[ NORTH LINC OF SAID PARCfL ·c· AND ITS \',£STCRL Y [XT(NSION A Dl5TANCC. or 640. 12 f££T; TH£NCt so1·J4'54•w A DISTANCE OF 472.45 f[£T; THfNCE WITH A CURii£ TURNING TO THE RIGHT WITH A RADIUS OF 200.00 FEET, M TH AN ARC L[NCTH OF 110. 10 f££T. WITH A CHORD BfARINC OF s1n1·11·w. WITH A CHORD LtNGm OF 108. 72 FEET; TH[NC[ SJJ"07'28"W A DISTANCE OF 85.9J FECT; THENC£ WITH A CURI,£ TURN/NC TO TH[ LEFT WI TH A RAO/US Of 180.00 FEET. ~TH AN ARC LENGTH or 99.09 F££T, WITH A CHORD 8£ARING OF s,nn,·w, WITH A CHORD L[NCTH OF 97.85 ff[T; TH£NCE SOJ"S9'0J"W A DISTANCE OF 102.04 re.er TO A POINT ON THE NORTH RIGHT or WAY LIN[ OF STAT[ UN( COUNTY ROAD; THENCC S88"40'5S "W ALONG SAID RIGHT OF WAY LINE A DISTANCE Of 502.27 Fe.C T TO A POINT IN TH( \',£ST LINE OF SAID GOVERNMENT LOT 2; TH[NC[ NDJ"47"48"W ALONG SAID WE"ST UN( A DISTANC£ or 1755.J9 FECT TO THC SOUTH(AST CORNfR OF TH( SOUTHW£ST QUARTER or TH[ SOUTHW,:ST or S[CTION 9 AFORESAID: THENCE ss9·10•54 · w ALONC SAID SOUTH L/Nf or SA/0 SOUTHW[ST QUARTER or TH[ SOUTHW£ST OUART[R or SECTION 9 A DISTANC[ Of IJ26.46 r[ET TO TH[ SOUTH\',£ST CORN(R TH(R£0F, VMICH IS TH( TRU£ POINT OF BEGINNING.

HA'ANC AN ARCA OF 15,8J9,205 SOUARE FEET. J6J.6 ACRC.S, MOR( OR LCS5.

AGRICULTURAL LAND S TATf M[NT NOXIOUS Wffp NOT[

D[CLARAT/QN KNOW ALL MEN BY TH(SE PR[SENTS THAT WE", BRENT KNOWt.CS AND \l'JCTORIA KNOwtfS, MEMBERS OF BR[NT ANO 'ACTOR/A KNOWt.ES. LLC, Olm£RS.

--------- ---------------• AN AUTHORIZCD RCPRE:SENTAT/11£ or NORTHl',£51 FARM CR£01T SER'AC[S,

fLCA, MORTCAGC[, -------------------------• AN AU1HOR!Z[D RCPRC.SENTA Tlv( OF BANNER BANK, BENEFICIARY

AND -----------------------· AN AUTHORIZED R(PRCSENTA m,r or NORTHl't£ST FINANCIAL CORPORATION, A WASHINGTON CORPORA TJON, TRUST£[ or A DEED Of TRUST UPON THE LANDS DEPICTED HEREON. HAVE CAUS[D mes,: LANDS TO BC SUR\.£Yf0 ANO SUBDl'AOEO AS SHO~ AND DO HCREBY DCDICA TE TO TH( PUBLIC AND fA5£MfNTS AND RICHTS or WAY NOT D[SICNATED AS PRIVATE. I',£ HCRCBY WAIVE FOR OURSEL 11£5 AND FOR OUR SUCCESSORS ANY CLAIMS FOR DAMAGES AGAINST ANY PUBLIC AUTHORITY RESULTING FROM TH( CONSTRUCTION OR MAINTENANCE: OF ANY PUBLIC FACILITIES OR PUBLIC PROP£RTY ON TH£ LANDS DESCRIB[D H(R[IN.

Bii[NT-KNOWI..ES DAT[

VICTORIA KNOl'.-1.[S DA TC

AUTHORIZ£0 R£PR£SENTA TIii[ FOR ----oATc ___ _ NORTHWf"ST FARM CREDIT SER'AC[S, HCA

AUTHORIZ£0 R[PR£S[NTATI\.£ FOR DAT[ NORTHl',£S T FINANCIAL CORPORATION, A WASHINCTON CORPORA T/ON

AUmORIZED R[PR£S[NTA Tl\,£ FOR SANNER BANK

APPROVALS

-o;rc----

m,: SUBDl\l'JSION SHO~ ON THC ACCOMPANYING PLAT CONFORMS TO TH£ WALLA WALLA COUNTY COMPREHENSI\I!" PLAN AND TO COUNTY ORDINANC(S 16.J6 ANO 17,JI.

THOMAS Gl.O~R. DIRECTOR DAT[ WALLA WALLA COUNTY COMMUNITY D£\ICLOPM[NT O(PARTM(NT

TH£ FORCGOINC PLAT IS H(R[BY APPROVE:D.

TONY CARCIA MORAL(S, DA TC WALLA WAL LA COUNTY [NCIN[[R

I H£R[BY CERTIFY THAT _________ TAXES FOR TH( Yf.AR ______ ACAINST THE PROP£RTY SHO\lrN HfREIN HA\lf BffN PAID.

WALLA WALLA COUNTY TR[ASURCR OATc--

APPROVE:D BY THC WALLA WALLA COUNTY COMMl5S10N[RS.

JAM(S K. JOHNSON. CHAIRMAN, DIST. I COMMISSIONER

DAT(

JAMES l. DUNCAN, DIST. J COMMISSION[R OATc--

TODD L. KIMBALL. DIST. 2 COMMISSIONC.R DA TC

,t,'t- FL·

TH[ SUBJ£CT PROPERTY IS LOCAT[D WITHIN OR N[AR O[SICNATCO ACRICUL TUR AL LANDS ON 11,f-!ICH A VARICTY OF COMM[RCIAL ACTMTl(S OCCUR THAT ARC NOT COMPATl8Lf 1'11TH R(SIO(NTIAL D[',,£LOPMCNT FOR CERTAIN PCR/005 OF l/MITfO DURATION.

AS REOUIRfD BY WWCC I 7.J0.060, O'Ml(RS SHALL PREVENT THC SPRfAO OF NOXIOUS W[EDS. P-~' l~.~· "'"if"'

fXfMPT W[LL NQTE ACCORDING TO TH£ ATTORNEY C£N(RAL OPINION, ACO 1997, NO. 6, A CROUP OF wrus DRILLED BY THC SAM( PCRSON OR CROUP OF PERSONS AT OR ABOUT THE SAM[ TIM£. IN TH[ SAM£ AR[A FOR TH£ SAME PURPOSE OR PRO.£CT, SHOULD BE CONSIDERED A SINGLE 1'11THORAWI.. AND ~ULD NOT BE [X[MPT FROM TH( PCRMITTINC RCOUIREM£NTS CONTAINED IN RCW 90.44.050.

WAT[R USAG[ NOT[ TH[ [ XIS TINC IRRICA TION WELL SHALL PROVIO[ WA 1[R rOR FIR[ F"LOW ANO LANOSCAPINC IRRIGA TJON US( THROUGH [ XJSTINC IRRICA TION SYSTEMS. INDIVIDUAL [X[MP1 l't1:LLS SCRVINC R[SID[NC[S SHALL NOT [ XCE£D 5.000 CAlLONS P[R DAY (555 CALLONS P[R UNIT P[R DAY). EXT[RNAL HOS( BIOS AND US[ Of" DOM[STIC WA fCR FOR LANDSCAP[ IRRIGA 110N OR OTH[R OUTDOOR USES SHALL 8£ PROHIBJ TED.

Q[NSITY NOT[ THE AREA OF TH( PARENT PARCEL OF THIS PLAT 15 J64.8 ACRES. TH[ ZONING IS AR-10.

.-u;,0

l'c13rt\l.1,,_, ~ W-4L L-'l'<Q"!>~

FINAL PLAT OF DA YBR[AK SUBDIVISION LOCATED IN THEN[ !/4 AND SE !/4 OF SCCTION 8. THC S I'/ 1/4 ANO SE 1/4 or SECTION 9. AND GO VT. LOT 2 AND J or SCCTION

16, ALL IN TO WN SHIP 6 NORTH or RANG[ ]5 [AST, WM., WALLA WALLA COUNTY, WASHINGTON. COUNTY PROJECT NUMBER: SUB1 B-01 S

ACKNOWL[DGEMENT STAT£ OF WASHINGTON COUNTY OF WALLA WALLA

8£FORE Mf THIS __ DAY Of ===-=--< 20 __ APP[AREO BRENT A. KNO~tES, TO MC PCRSONALL Y KNOM.', 'M-10 ACKNOWI..COGCD TH( FOR£GDING SUBDl'ASION ANO 0£DICATION TO Bf A FR,:C. AND VOLUNTARY ACT AND 0£(0.

WlTN£SS MY HANO AND OFFICIAL SfAL THIS __ DAY

or ___ 20 __

NO/ARY PU90C IOR IH[ SIAlt 0,. WASHINCION

RfSJDINC IN _____ _

MY COMMISSION [XPIRC.S ___ _

ACKNOWL[DG0.1ENT STAT£ OF WASHINGTON COUNTY Of WALLA WALLA

BffORf MC THIS __ OAY or ____ 20 __ APP[ARCO VICTORIA M. KNO~[S, TO ME PCRSONALL Y KNO'Ml, 'M-10 ACKNDWI..COCED THE rORfCOING SUBDMSION ANO D[DICA TJON TO B£ A FR([ AND VOLUNTARY ACT AND DEED.

WI TNESS MY HAND AND OFFICIAL S[AL THIS __ DAY

or ___ 20 __

NotARY P09(JC fOR 1Fit S1A1£ Of WASHiNttON RESIDING IN-===~--MY COMMISSION EXPIRES ___ _

ACKNOWL[DG[Mf NT STAT£ Of ______ COUNTY OF _ ___ _

B£FOR£ M[ THIS -- DAY or ---- 20 __

::;:;c:~~~o~.._~,~vc,:=o ~,a~,~,=OR""fG~O,,,ics:J;,~";~L !N~O'MI,

O(OICA TION TO BC A FR([ AND VOlUNTARY ACT ANO DCc.D.

1'11TN(SS MY HAND AND OFFICIAL SEAL THIS __ DAY

or ___ zo __

NO/ARY POBUC IOR IRE SIAll Of : ____ __ _

RC.SID/NC IN _____ _

MY COMMISSION £><PIRES ___ _

ACKNOWLEDGEMENT STAT( OF ______ COUNTY OF ____ _

BCFORC. MC THIS __ DAY OF ____ 20 __

::;:;c:~~~o~.._~,~oc=,~o ~'"~,~,=OR'-'EG~i\:J;,~o;:~L !N~NO'MI, DEDICATION TO BE A FR[[ AND VOLUNTARY ACT ANO 0££0.

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or ___ 20 __

NOIARY P08UC IOR IRE SIA![ Of: ______ _

R[S!OING IN _____ _

MY COMMISSION £XPIRES ___ _

ACKNQWLfDGfM[NT STAT( or------ COUNTY or ____ _ BCFORf Mf mis - - DAY or ---- 20 __

~~C~f~o-~.,~,~oc~,~o-,a~,~,~OR-[G~~i~:i~o::/ :N~NOYtN, DfDICA TION TO 8£ A rREE ANO VOLUNTARY ACT ANO DEED.

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or ___ 2D __

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Cl.JENT: BRENT KNO'M.ES I PROJECT NO.: 61046

CRITICAL AREAS NOTf THE FOLLOWING CRITICAL ARC.AS ARC LOCATCO ON OR ADJACENT TO THC SIT[: CRITICAL AQUIFER R(CHARCE AREA, FISH AND W!LOLIF£ HABITAT AR£AS. ANO CEOlOCICALL Y HAZARDOUS AREAS (5£15MIC HAZARD ARCA5 AND EROSION HAZARD AR£AS). FUTURE OCVELOPM[NT IN THE5£ AR[AS IS SUBJECT TO RCCULA TION UND(R COUNTY CODf CHAPTER 18.08. CRtnCAL ARfAS REPORTS MAY BC R[OUIRED.

AS NOTED ON KNOV!t(S" VALLEY CHAPEL SHORT PLAT NO. 1, COUNTY PROJECT SUB16-007 RECORDfD IN BOOK 5 OF SHORT PLATS AT PAGE 127 AS AUOITOR'S FILE NUMBCR 2016-08252. me NUMB£R OF 0£\ICLOPMCNTS RIGHTS AVAILABLf ON TH( PARENT PARCCL IS 24. WITH THC CREATION Of 9 CWST(R LOTS BY ACTION OF THIS PLAT. TH[ FINAL RESIDUAL 0£\ICLOPMENT RIGHTS ON mt. R(MAINDER LOT (LOT 10) NUMB(R 15. THIS PROPC.RTY IS tOCATrD WITHIN mr: AR-10 ZONINC DISTRICT. AS PER THE R[OUIR(M(NTS or COUNTY CODE WWCC 17.JI.D60W, THE ABO\l'f SUMMARY ADDRC.55£5 TH£ 0£NSITY CALCULATIONS FOR THIS PLAT. THIS ACR[AG£ MAY NOT B[ US(D AGAJN rOR DENSITY CALCULATIONS.

~PBS PBS En9lnttrln9 ,ind EnviroflmfflUl llflc. 5 N ColvileSLSte200 Wala Wala. WA 99362 509.956.3026

SURVEYOR.: GREG E. FLO~R.S OAT"E: 11116/2018

CALC BY: FWPT ORA\M'IBY: t-1FW SCALE: 1" •500"

SECTION: 8. 9.16 TO'MIISHP: BNORTH RANGE: 35 EAST pbs11s.a.com

CITY: NIA C~TY: WMlJ..W/\1.1..A St-EET _L Of _2

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Attachment B

Walla Walla County Community Development Department 310 W. Poplar Street, Suite 200, Walla Walla, WA 99362 / 509-524-2610 Main

Date of Notice:

Date of Decision:

Applicant:

Type of Application:

File Number:

NOTICE OF DECISION

9/14/2017

9/14/2017

BRENT & VICTORIA KNOWLES LLC

SUBDIVISION

SUB17-003

Enclosed is the Hearing Examiner's decision from the August 14, 2017 agenda.

File No. SUB17-003

Walla Walla County Code Section 14.11.060 allows for the reconsideration of the final decision. The request must be submitted to the administrator within ten (10) days of the final decision or action; the submittal period ends September 25, 2017. Reconsideration of the final decision must be granted or denied by the Hearing Examiner prior to an appeal being submitted to Walla Walla County Superior Court. Pursuant to Walla Walla County Code Sections 14.11.020 and 14.11.040 the Hearing Examiner's decision may be appealed to the Walla Walla County Superior Court. The appeal must be submitted to the Walla Walla County Superior Court within twenty-one (21) days of the final decision or action date. The Hearing Examiner's decision will be considered final ifno appeals are filed within the allowed time frame described in Walla Walla County Code Chapter 14.11.

Please review Chapter 14.11 for the County's appeal requirements.

The complete project file is available for inspection at the Walla Walla County Community Development Department (CDD) office during normal office hours Monday through Friday from 8 AM to 4 PM. Please contact the CDD at the phone number above to arrange for inspection.

Feel free to contact me at 509-524-2620 if you have any further questions.

Lauren Prentice, Principal Planner Walla Walla County Community Development Department

Enc. SUBl 7-003 Findings, Conclusions and Decision

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BEFORE THE HEARING EXAMINER FOR WALLA WALLA COUNTY

In Re: Preliminary Plat Daybreak Subdivision File Number SUBl 7-003

) ) )

Findings of Fact, Conclusion of Law and Decision

This matter having regularly come before the Walla Walla County Pro Tern Hearing Examiner, Leland B. Kerr, on the 14th day of August, 2017, on the application of Brent and Victoria Knowles, LLC, for a preliminary cluster plat consisting of nine (9) approximately onc.=>-acre lots with one (1) remaining resource lot generally located approximately one-third mile west of Valley Chapel Road lying north of Stateline Road, and east of Locher Road, in Walla Walla County, Washington.

The public hearing was opened at approximately 10:00 a.m., on August 14, 2017, and all witnesses intending to testify at the public hearing were placed under oath. After an explanation of the application of the Appearance of Fairness Doctrine, conflict of interest, and the procedural requirements for a quasi-judicial hearing, an opportunity was provided, but no objections were made to the Hearing Examiner hearing this matter, nor were there any objections to proceed.

The application was introduced by Lauren Prentice, Principal Planner of the Walla Walla County Community Development Department. She presented the Staff Report with attached documentations which were, without objection, admitted as follows:

1. Staff Report, dated August 9, 2017.

2. Preliminary Plat Application with attached documents: (a) title report; and (b) preliminary plat map showing contours, dated August 4, 2017.

3. Revised Preliminary Plat map, dated August 8, 2017.

4. Preliminary Stormwater Hydrology Report, dated April 6, 2017.

5. Preliminary Liquefaction Assessment, dated June 6, 2017.

6. SEPA Environmental Checklist (SEPA 17-010), dated April 5, 2017.

7. Notice of Application (NOA) ODNS and publishing, posting, and mailing affidavits.

8. Email from Todd Blevins, County Building Official/Fire Marshal, dated May 31, 2017.

9. Email from Rocky Eastman, Fire District 4, dated May 26, 2017.

Preliminary Plat SUB 11-003 - l

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10. Email from Holly Shea with CTUIR, dated June 6, 2017.

11. Letter from the Department of Ecology, dated June 7, 2017.

12. Email from LeRoy Waggoner, County Surveyor, dated August 7, 2017.

13. Final SEPA Mitigated Determination ofNon-Significance (MDNS) for SEP Al 7-010 issued July 28, 2007, and publishing, mailing affidavit.

14. Notice of Public Hearing (NOPH) and publishing, mailing affidavit.

15. Public comment letter from Attorney Mona Geidl with Minnick Hayner on behalf of George and Cora Edwards, dated August 9, 2017.

At the hearing, additional exhibits were submitted by Ms. Prentice consisting of:

16. Public comment letter from Nancy Taylor received on August 10, 2017.

17. Letter from Department of Ecology, dated August 10, 2017.

18. Water Use Analysis by Bill Neve of Water Rights Solutions, LLC, received August 11, 2017.

19. Public comment letter from Yancy Reser received on August 11, 2017.

20. Public comment e-mail from Erica Gordon received on August 14, 2017.

At the hearing, additional evidence was received including:

21. Letter from Hawkins Law, dated August, 2017.

Following receipt of testimony, upon motion of the applicant, the record was held open until 5:00 p.m. on August 28, 2017, to provide the parties an opportunity to respond to the exhibits submitted at the hearing.

Subsequent to the hearing, the following additional exhibits were received:

22. Comment letter from Yancy Reser, dated August 15, 2017, and received on August 28, 2017, together with attachments including a letter from Yancy Reser to Director of the Department of Ecology dated August 25, 2017; attached e-mail from Wyatt Rolfe dated August 23, 2017; a letter from Yancy Reser dated August 27, 2017, with an attached letter from Steven Patten from the Walla Walla Basin Watershed Council with an incorporated map and well monitoring graph.

Preliminary Plat SUB 17-003 - 2

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23. Letter from Mona Geidl of Minnick Hayner, dated August 24,2017.

24. Letter from Jared N. Hawkins, Hawkins Law, dated August 28, 2017, with an attached Hydrologyflnstream Flow Summary and West Little Walla Walla River Habitat Assessment (October 2012) and copy of the superseding Certificate of Water Right and request for administrative confirmation of division of water right.

Testimony was received from Greg E. Flowers of PBS Engineering and Environmental, Inc., the Project Manager, who spoke in favor of the application. Jarod Hawkins, Hawkins Law, the attorney representing the applicant, also spoke in favor of the application.

Erica Gordon, an adjacent property owner, spoke in opposition to the application. Randy Gordon, a former owner of the adjacent property, spoke in opposition to the application. Mona Geidl of Minnick & Hayner, representing Cora Edwards, an adjacent property owner, spoke in opposition to the application.

Brent Knowles, the applicant, spoke by means of rebuttal, in favor of the application.

Upon consideration of the testimony; the exhibits submitted in the open record hearing; and the exhibits received during the extended open record hearing period, the Hearing Examiner makes the following:

FINDINGS OF FACT

1. The applicant requested a preliminary cluster plat dividing approximately 365 acres into ten lots, with 9 lots ranging from 1.06 acres to two acres for residential development (total of 12.73 acres) retaining one resource lot consisting ofapproximately 352.59 acres, pursuant to Chapter 17.31, Development Standards - -Cluster Development on Resource Lands (Walla Walla County Municipal Code). The application was deemed substantially complete on May 11, 2017, at which time the applicant's rights vested subjecting it to the development regulations and Comprehensive Plan in place at that time pursuant to RCW 58.17.033 and wwcc 14.07.070.

2. The site is located generally on the north side of Stateline Road approximately one-third mile west ofV alley Chapel Road. The project site has historically been used for agricultural. The West Little Walla Walla River runs to the northeast of the property at least 900 feet from the designated residential lots.

3. The subject property is primarily surrounded by commercial farming and rural residential uses. The nearest residence is located approximately 250 feet east from the proposed cluster lots; to the north is the Burlingame irrigation ditch approximately 5,000 feet north of the cluster lot; and two additional cluster subdivisions on Frog Hollow Road each containing nine residential lots.

Preliminary Plat SUB 11-003 - 3

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4. A N~tice ~f Application and Public Hearing was given on May 23, 2017, which was published m the Walla Walla Union Bulletin and in the Tri-City Herald on May 25, 2017. The notice was, likewise, posted on the Walla Walla County Community Development Department website on May 23, 2017. In addition, the notice was e-mailed to the applicant and the applicant's response representative; e-mailed to the SEPA Register; and e-mailed to the consulting agency on May 25, 2017, as required by Ordinance. In addition, the notice was mailed to the property owners within 500 feet of the site on August 2, 2017, and posted on the site access by Stateline Road on July 31, 2017.

5. On July 28, 2017, a SEP A Mitigated Detennination of Non-Significance (MONS) was issued by the Director of the Walla Walla County Community Development Department, the County's SEPA Responsible Official, and no appeals of that determination have been filed. The subject property is zoned Agricultural Residential 10-acres (AR-10), and located in the Agriculture Residential Comprehensive Plan use designation. The density of the proposed subdivision apply with the density standards required by the AR-10 zoning development standards, and the configuration of the proposed subdivision complies with the cluster subdivision standards ofWWCC 17.31.

6. The following Comprehensive Plan Goals and Policies have been represented by staff as applicable to this project.

7.

A.

8.

C.

D.

E.

Goal RL 1. Rural character of the land for both human uses and natural environment are met by the cluster development concept provided by Chapter 17.31 WWCC, while preserving land for long-term farming activities.

Policy LR 2. Allows new development consistent with the rural character of the County by cluster subdivisions in the AR-IO zone.

Policy RL 3. The proposed subdivision's density is consistent with the development standards for rural areas, and there is no evidence that the development would encumber any critical areas that are adjacent to it.

Goal RL 21. The development would protect and serve long-term commercially viable agricultural lands.

Policy RL 47. Residential uses near agricultural lands must be devel~ped _to minimize conflict between uses and the required buffer space between the res1dent1al and agricultural uses proposed by this subdivision accomplishes that purpose.

Access to the subdivision will be from Stateline Road to the private roads providing access to the individual lots and further restricting access for Lots 8 and 9 to the private road with no direct access to S~teline Road. The Department of Public Works has determined that due to

Preliminary Plat SUB 1 ~003 - 4

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the size of the development and the likely daily trip generation, no Traffic Impact Analysis was required.

8. Essential public services are provided in that:

A. The development is within the College Place Public School District No. 250.

B. No park and recreation improvements are required for the proposed subdivision.

C. Fire protection is provided by the Walla Walla County Fire District No. 4. To meet fire suppression requirements, the development will need to provide a minimum of 30,000 gallons of fire flow storage and a dry hydrant distribution system will flow at 1,000 gallons per minute.

9. All stormwater generated on-site will be required to be retained and infiltrated on-site with the retention absorption by roadside swales. Wastewater will be discharged into an individual on-site septic system meeting all code requirements.

10. The primary concern associated with the development of this property is the adequacy and availability of water.

11 . WWCC 17.3 I .060K requires:

"Sufficient water to serve both domestic and residential irrigation needs must in fact be present and shall be required. With regard to provision of domestic water and consistent with the requirements regulating the number of small parcels allowed on an overall site, the following requirements shall be met: .. . 2. Where there are existing water rights only ... an exempt well( s) may be utilized to serve the smaller parcels with domestic water, provided all applicable regulations governing exempt wells are met, as demonstrated by approval from the Washington State Department of Ecology."

The project site has existing irrigation water rights and well, which will be utilized to provide fire flow availability and irrigation water to nine (9) residential sites. Domestic water for the nine (9) residential sites shall be supplied by exempt individual wells. The County has not, nor does it have standards requiring a water availability study to be performed with this project.

12. A Current and Anticipated Water Use Analysis was prepared on behalf of the applicant by Bill Nave of Water Rights Solutions, LLC. The two-page analysis concludes that both:

Preliminary Plat SUB 17-003 - 5

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"The proposed development, using conservative estimates for in-house use and for irrigation purposes, will result in a reduction in consumptive use of water over the current irrigation practices using existing water rights appurtenant to the lands proposed for development. The proposed development is consistent with the provisions of Chapter 173-532 WAC. Approval of the proposed development will not result in the impairment of existing water rights, surface or ground."

13. Nearby landowners testifying in objection to the application uniformly expressed concern that the additional demand upon their aquifer by the nine (9) additional exempt wells will impair their water rights and availability. The opponents cite seasonally experienced streambed loss, recognition of unstainable groundwater declines by the Oregon Water Resource Department near the subject property south of Stateline Road, and challenges to the conclusion in the Neve Current and Anticipated Water Use Analysis.

14. The Neve Water Use Analysis is the only expert testimony available for consideration of the application. In spite of challenges to his objectivity, Mr. Neve's Resume demonstrates that he is a qualified expert to render an opinion in regards to water use analysis.

15. Without an area-wide water availability analysis, the surrounding property owners depending on the same aquifer have a well-founded fear of future impairment.

16. The Department of Ecology, by regulation under WAC 173-532-050(2)(b ), permits exempt withdrawals for multiple residences, as located in a cluster development, permits not more than 1,250 gallons per day per residency for a total maximum water withdrawal for all residences not to exceed 5,000 gallons per day. The proposed development would provide for limited distribution of 555 gallons per day per resident. Although no monitoring is proposed, this limitation would be accomplished in part by restricting the exempt well use to indoor use only prohibiting outdoor hose bibs and irrigation.

17. On October 6, 2016, the Washington Supreme Court rendered its decision in Whatcom County v. Hirst (186 Wn.2d 648). The clear holding of this case was that counties have the responsibility under the Growth Management Act (GMA) to make determinations of water availability for development permit approval to be incorporated as a part of its Comprehensive Plan.

"We hold that the board properly concluded that the GMA requires counties to make determinations of water availability. The language placing this burden on the county or local government is clear, consistent, and unambiguous throughout the Act. . . The GMA requires that an applicant for a building permit for a single-family resident or a development must produce proof that water is both legally available and actually available."

Preliminary Plat SUB 17-003 - 6

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The Court further made it clear that the county cannot independently rely on the regulations or restrictions of the Department of Ecology as its sole basis for determining availability. The opponents assert that the Walla Walla County Comprehensive Plan suffers from the same invalidity of the Whatcom County Comprehensive Plan in that it fails to adequately address the water availability. Opponents assert that based on the Hirst case, the County had the obligation prior to permitting, to conduct a Water A vailability/lmpairment Analysis, or in the absence, deny the permit.

18. While the Hirst case places the County on notice, the Comprehensive Plan will need to be amended to accommodate this identified responsibility, the outcome of the Hirst case was specific to Whatcom County. Comprehensive plans and development regulations are deemed GMA compliant upon adoption or remain so until the Growth Management Hearings Board rules to the contrary. Under RCW 36. 70A.290(2), challenges to the GMA compliance can only be brought within 60 days of an amendment, or, pursuant to WAC 242-03-220(5), at any time after the failure to act by a deadline imposed by the GMA. Therefore, the decision does not trigger an immediate challenge to other county's comprehensive plans or development regulations already adopted.

19. Walla Walla County will undoubtedly incorporate this requirement into its upcoming comprehensive plan review, however, an availability analysis and reciprocally an impairment analysis were not requirements as of the date the present application vested, and, therefore, cannot be the basis for denial of the preliminary plat.

From the foregoing Findings of Fact, the Hearing Examiner makes the following:

CONCLUSION

1. The Hearing Examiner has jurisdiction to approve the preliminary plat with conditions.

2. The proposed preliminary plat complies with the applicable codes, plans and policies in WWCC Chapter 16.04.050 if developed in accordance with the conditions identified below.

3. The proposed lots are served with adequate means of access by means of a private road (Daybreak Road) and limited direct access onto Stateline Road by Lots 8 and 9; adequate fire protection meeting the requirements of the Fire Marshal and Fire District requiring sufficient fire flow and storage from the existing irrigation well; adequate domestic water supplies from an exempt private well subject to the conditions below; and sanitary sewer disposal.

4. With the conditions of approval, the proposal provides accurate measures for the control of drainage and stormwater.

5. The public health, safety and general welfare will be served by the proposed subdivision which is consistent with the current requirements and elements of the Comprehensive Plan.

Preliminary Plat SUB 1 fo-003 - 7

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DECISION

Based upon the foregoing Findings of Fact and Conclusion, the request for preliminary plat of Daybreak Subdivision for a 10-lot cluster subdivision is granted, subject to the following conditions:

1.

2.

,., .) .

4.

5.

6.

All required improvements shall, at a minimum, meet the applicable standards for improvements required by WWCC Section 16.24.050.

Adequate fire protection shall be required as described by the comments from the Fire Marshal and Walla Walla County Fire District No. 4 Fire Chief including the development of the 30,000 gallon fire flow storage from the existing irrigation well, and installation of a dry hydrant distribution system with capacity of not less than 1,000 gallons per minute.

Compliance with the conditions identified by the Walla Walla County Surveyor dated August 7, 2017 (Exhibit 12).

Compliance with the mitigation measure identified in the SEPA MONS issued on July 28, 2017, requiring that prior to any ground disturbance, the applicant shall coordinate with CTUIR to investigate the prope1ty for potential cultural resources by conducting a survey or alternative measure.

Comply with the representations made at the hearing in regards to available water with the existing irrigation well servicing fire flow and landscape irrigation with limited use of individual exempt wells serving the residences, slu:tll not exceed 5,000 gallons per day (555 ga1lons per unit per day), and prohibiting external hose bibs and landscape in-igation with

domestic water.

Pursuant to Walla Walla County Code Section 16.14.060, approval of the preliminary subdivision shall expire seven (7) years after the date of approval , or the date of resolution of

all appeals. ft'\

DATED this J4 - day of Septe~er, i0 1 7. ,,/ ......._ ~--···- ---•• J

l ,. C::::::: ..b -v --vv11t--. - ---

Leland B. Kerr Pro Tem Hearing Examiner

Preliminary Plat SUB 17-003 - 8

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COUNTY COMMISSIONERS (continued)

g) Action Agenda Items (continued): 2) Proposal 2018 12-21 SO-2

Approval to offer salary above mid-range for Walla Walla County Chief Civil Deputy

h) Review reports and correspondence; hear committee and meeting reports

i) Review of constituent concerns/possible updates re: past concerns

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9:25 COUNTY CORRECTIONS

a) Action Agenda Items: 1) Proposal 2018 12-21 CORR-1

Approval of authority to execute agreement with Advanced Computer Technologies, LLC

2) Resolution ____ - Approving Service Agreement #19-01 between Walla Walla County Department of Corrections and Comprehensive Healthcare

Norrie Gregoire

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BOARD OF COUNTY COMMISSIONERS WALLA WALLA COUNTY, WASHINGTON

IN THE MATTER OF APPROVING SERVICE AGREEMENT #19-01 BETWEEN WALLA WALLA COUNTY DEPARTMENT OF CORRECTIONS AND COMPREHENSIVE HEALTHCARE

RESOLUTION NO. 18

WHEREAS, RCW Chapter 30.34 authorizes local governmental units to enter into agreements; and

WHEREAS, the Walla Walla County Department of Corrections wishes to enter into an agreement with Comprehensive Healthcare to provide behavioral health treatment services; and

WHEREAS, the County Prosecuting Attorney and Risk Manager have reviewed said agreement; now therefore

BE IT HEREBY RESOLVED by this Board of Walla Walla County Commissioners that they do hereby approve said agreement, and authorize County Director of Corrections, Norrie Gregoire, to sign the same.

Passed this 21st day of December, 2018 by Board members as follows: _Present or_ Participating via other means, and by the following vote : _ Aye _Nay_ Abstained_ Absent.

Attest:

Connie R. Vinti , Clerk of the Board James K. Johnson, Chairman, District 1

Todd L. Kimball , Commissioner, District 2

James L. Duncan, Commissioner, District 3

Constituting the Board of County Commissioners of Walla Walla County, Washington

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Service Agreement #19-01

between

WALLA WALLA COUNTY DEPARTMENT OF CORRECTIONS

and

COMPREHENSIVE HEAL TH CARE

The Agreement is entered into by and between Walla Walla County Depaitment of CoITections hereinafter "County," and Comprehensive Healthcare (CompHC) hereinafter "Contractor," for Jail Based Behavioral Health services as outlined in the attached Statement of Work. The rights and obligations of both pa1ties are govemed by the General Te1ms and Conditions, and the following Exhibits, copies of which are attached hereto and incorporated herein by this reference as fully as if set forth herein:

Exhibit A - Statement(s) of Work Exhibit B - Budget Exhibit C - Contractor Ce1titication Fonn

Pe1fonnance Period: The tenns of this Agreement shall commence on January I, 2019 and shall , unless tenninated or renewed as provided elsewhere in the Agreement, tenninate on December 31 , 20 19.

Compensation: Payment to Contractor for services rendered under this Agreement shall be as set fo1t h in Exhibit B- Budget. The amount of payment for the perfonnance pe1iod of this Agreement shall not exceed $120,000.

By their signatures below, the parties agree to the tenns and conditions of this Agreement and all documents inco1porated by reference. The paities signing below ce1tify that they are autho1ized to sign this Agreement.

IN WITNESS WHEREOF, the parties hereto have signed this Agreement.

COUNTY: CONTRACTOR:

Norrie Gregoire, Director Department of Corrections

300 W. Alder, PO Box 1754 Walla Walla, WA 99362 Phone: (509) 524-2822 ngregoire@co. wa lla-walla. wa.us

Date

Telephone Number I Email Address:

Mailing Address (S1reet address required in addit ion to PO Box.):

Authori zed By

Jodi Dal y, CEO/President Print Name & Title of Person Signi ng

(509) 575-4024 /[email protected]

402 South 4th Ave., PO Box 959

Yak ima WA 98907

Date

Social Security or Business Tax rD#: _9_1-_1~04~3~3~0_4 _____ _

CFDA# (if applicable): _N_/A __ _ UB I#:

State Industrial Account ID # (if app licab le): ________ _ _

# I 9-0 I GT &C Comprehensive Healthcare Jail Behaviora l Health Services 0.1 % Page I of 10

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9:30 COUNTY COMMISSIONERS

a) Public Hearing: 1) To consider amendments to

the 2018 Walla Walla County Budget

b) Action Agenda Items: 1) Resolution ____ - Amendments

to the 2018 Walla Walla County Budget

c) Miscellaneous business to come before the Board

-ADJOURN-

Walla Walla County is ADA compliant. Please contact TTY: (800) 833-6384 or 7-1-1 or the Commissioners' Office at 509/524-2505 three (3) days in advance if you need any language, hearing, or physical accommodation.

Please note that the agenda is tentative only. The Board may add, delete, or postpone items and may take action on an item not on the agenda.

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BOARD OF COUNTY COMMISSIONERS WALLA WALLA COUNTY, WASHINGTON

IN THE MATTER OF AMENDMENTS TO THE 2018 WALLA WALLA COUNTY BUDGET

RESOLUTION NO. 18

WHEREAS, subsequent to the establishment of the budgets and adoption of the 2018 Walla Walla County Budget and budget amendments, further requests have been made for final amendments to the budget; and

WHEREAS, a properly advertised public hearing was held on December 21 , 2018, a special meeting of the Board of County Commissioners, to consider said amendments as advertised as well as other amendments as necessary for accounting purposes, and hear testimony related thereto; now therefore

BE IT HEREBY RESOLVED by this Board of County Commissioners that the 2018 Walla Walla County Budget be amended as outlined on the attached Memo "2018 Budget Amendment #5" , dated 12/7 /18, from Karen Martin, County Auditor, which is by this reference made a part hereof.

"Passed this 21st day of December, 2018 by Board members as follows: _Present or_ Participating via other means, and by the following vote: _ Aye _Nay _ Abstained _ Absent."

Attest:

Connie R. Vinti , Clerk of the Board James K. Johnson, Chairman , District 1

Todd L. Kimball , Commissioner, District 2

James L. Duncan, Commissioner, District 3

Constituting the Board of County Commissioners of Walla Walla County, Washington

Page 22: AGENDA WALLA WALLA COUNTY BOARD OF COMMISSIONERS …€¦ · WALLA WALLA COUNTY BOARD OF COMMISSIONERS FRIDAY, DECEMBER 21, 2018-SPECIAL MEETING (PLEASE NOTE SLIGHTLY EARLIER START

MEMO TO: FROM: DATE:

BOCC KAREN 12/7/18

Page 1 of 2

SUBJECT: 201 8 Budget Amendment #5

FUND BARS# DESCRIPTION

03400 Sheriff Admin 521.10.21 .0001 Medical-Life-Dental Ins

521.10.41 .0000 Professional Services

52 1.10.43.0000 Travel

03409 Sherff Operations Div 52 1. 10.21.0002 Social Security

03410 Detective Bureau 521 .21 .12.0000 Overtime

03420 Patrol Bureau 521.22.12.0000 Overtime

03493 Canine 521.22.41 .0000 Professional Services

03500 Corrections 334.06.90.0500 CJT A Services

342.30.01 .0000 City of Walla Walla

342.30.06.0000 Columbia County

342.30.08.0000 W a Dept of Corrections

369.91.00.0000 Medical Reimbursement

369.91.00.0001 Inmate Medication Reimbursment

369.91.00.0003 Inmate Stamp Reimbursement

369.91.00.0004 Other Misc

03500 523.60.12.0000 Overtime

523.60.31.0000 Office & Operating Supplies

523.60.31 .0400 Office & Operating Supplies - Prescriptions

523.60.41 .1000 Inmate Med ical Services

3510 523.10.11 .0005 Director of Corrections

523. 10.11 .0006 Jai l Commander

523.10.21 .0001 Medical-Dental-Life Ins

03520 523.90.31.0200 Office & Operating supplies - Food Svcs

Total Current Expense

AMENDMENT AMOUNT

REVENUE EXPENDITURES

($1 ,000)

($10,000)

($2 ,000)

$1,000

$4,000

$6,500

$1 ,500

$4,200

$13,300

$5,600

$61,000

$6,200

$9,000

$900

$4,400

$15,000

$30,000

$26,000

$25,000

($10,000)

($10 ,000)

($5,000)

$33,600

$104,600 $104,600

NEW BUDGET

AMOUNT ------

$96,608

$3,000

$1,000

$13,385

$7,075

$42,550

$3,000

$21,276

$78,300

$20,600

$421 ,000

$7,700

$10,500

$1,400

$4,400

$61,125

$70,000

$26,000

$115,000

$51,200

$78,000

$29,860

$168,600

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Page 2 of 2

FUND BARS# DESCRIPTION

11800 Fair 11806 573.70.13.0000 Extra Labor

11 898 508.40.00.0000 Ending Fund Balance - Committed

Total Fair

50500 Tech Services 308.89.00.0000 Beginn ing Fund Balance - Unreserved

518.88.21 .0002 Social Securi ty

518.88.21.0003 Retirement

518.88.42.0000 Communication

518.88.46.0000 Insurance

518.88.48.0000 Repairs & Maintenance

597.00.00.0000 Operating Transfer out - Tech Reserve

50598 508.89.00.0000 End ing Fund Balance

Total Tech Services

AMENDMENT AMOUNT

REVENUE EXPENDITURES

$90,000

($90,000)

$0 $0

$80,000

$4,300

$7,000

$6,000

$2,000

$23,000

$25,000

$12,700

$80,000 $80,000

NEW BUDGET

AMOUNT ------

$90,000

$14,184

$180,000

$27,088

$44,831

$19,046

$7,000

$65,478

$112,700