CU-15-00003 Wheatley_RESOLUTION_unsigned

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A zoning conditional use permit and SEPA checklist were submitted to Community Development Services on September 1, 2015 and were deemed incomplete on September 25, 2015. Additional information was received from the applicant on September 28, 2015. On October 2, 2015 the application packet was deemed complete. The affidavit of site posting in accordance with KCC 15A.03.110 was received by CDS on October 2, 2015. The Notice of Application was issued on October 16, 2015. This notice was published in the official county paper of record and was mailed to jurisdictional government agencies, adjacent property owners and other interested parties. The last day to submit written comments was on November 2, 2015. Based upon review of the submitted application materials including an environmental checklist, correspondence received during this 15 day comment period and other information on file with Community Development Services, a Determination of Non -Significance (DNS) was issued on January 13, 2016. The appeal period ended on January 28, 2016 at 5:00 p.m. No appeals were filed. This proposal is consistent with the provisions of KCC Title 17A, Critical Areas. Staff conducted an administrative critical area review in accordance with KCC 17A and found that this proposal is located within the buffer of Elwin Gibson's Mineral Resource Land designation (Exhibit 96). Staff has determined that this proposed activity will not have a negative impact on the Mineral Resource Land designation that is separated from this proposal by Thorp Highway. The Mineral Resource Lands designation of the property to the east of the proposed project puts neighbors on notice that resource activities, including but not limited to, noise and dust are to be expected in the area and that it should not be considered a nuisance to the neighbors. This is similar to the "right to farm" notification. No other critical areas were found to be on site. 10. This proposal is consistent with the provisions of KCC Title 20, Fire and Life Safety. 11. The following agencies provided comments during the comment period: WA Department of Health, KC Community Development Services — Building, KC Public Works, and WA Department of Ecology. Additionally, comments were provided during a pre -application meeting with Kittitas County staff, which was held on May 27, 2015. These comments have been considered and included as conditions of approval to address these agency concerns. Late comments were received from the WA Department of Health and KC Environmental Health Department. 12. One (1) public comment (Exhibit 20) was submitted for this proposal at the time of staff review. 13. An open record public hearing after due legal notice was held on February 4, 2016. 14. The entire Planning Staff file was admitted into the record at the public hearing. 15. Admitted into the record were the following exhibits: 15.1 Exhibit 1. Pre Application Packet 15.2 Exhibit 2. KC CDS Receipt 15.3 Exhibit 3. Application Packet 15.4 Exhibit 4. Deem Incomplete Letter CU -15-00003 Wheatley Page 2 of 13