COURT NO.: 23-7-00060-24
NOTICE AND
SUMMONS/ORDER
Guardianship Hearing
IN THE SUPERIOR COURT OF
THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF OKANOGAN – JUVENILE
IN RE THE DEPENDENCY OF:
TRINIDAD XHURAPE,
A Minor Child
DOB: 03/25/2010
STATE OF WASHINGTON TO: NICAELA HERNANDEZ, WHOM IT MAY CONCERN AND ANYONE CLAIMING PATERNAL INTEREST IN THE ABOVE NAMED CHILD.
1. NOTICE OF HEARING
1.1 You are notified that a petition was filed with this Court, alleging that a title 13 guardianship be established for this child.
1.2 A hearing will be held on September 21, 2023 at 1:00 p.m., At Juvenile Court, Okanogan County Court House, Okanogan, Washington.
1.3 The purpose of the hearing is to hear and consider evidence on the petition.
1.4 If you do not appear, the court may enter an order in your absence establishing guardianship.
II. SUMMONS/ORDER
TO APPEAR
2.1 YOU ARE SUMMONED AND REQUIRED to appear at the hearing on the date, time and place indicated.
NOTICE
Title 13 RCW Guardianship: The court should establish a Title 13 RCW guardianship and appoint a guardian for the above-named child. A petition for Order Appointing Title 13 RCW guardian, if granted, could result in substantial restrictions to the rights of the parent(s), guardian(s) or legal custodian(s).
IF YOU DO NOT APPEAR AT THE HEARING THE COURT MAY ENTER AN ORDER ESTABLISHING A TITLE 13 GUARDIANSHIP IN YOUR ABSENCE.
Dated this 9th day of August, 2023.
By direction of the Honorable
HENRY RAWSON
Judge of the Superior Court
Okanogan County, Washington
SUSAN SPEIKER
Clerk of the Superior Court
Okanogan County, Washington
by JAYMEE WERT
Deputy Clerk
Published in the Methow Valley News August 16, 23, 30, 2023; Okanogan Valley Gazette-Tribune August 17, 24, 31, 2023.OVG982421
COURT NO.: 23-7-00059-24
NOTICE AND
SUMMONS/ORDER
Guardianship Hearing
IN THE SUPERIOR COURT OF
THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF OKANOGAN – JUVENILE
IN RE THE DEPENDENCY OF:
OLIVIA XHURAPE,
A Minor Child
DOB: 04/20/2009
STATE OF WASHINGTON TO: NICAELA HERNANDEZ, WHOM IT MAY CONCERN AND ANYONE CLAIMING PATERNAL INTEREST IN THE ABOVE NAMED CHILD.
1. NOTICE OF HEARING
1.1 You are notified that a petition was filed with this Court, alleging that a title 13 guardianship be established for this child.
1.2 A hearing will be held on September 21, 2023 at 1:00 p.m., At Juvenile Court, Okanogan County Court House, Okanogan, Washington.
1.3 The purpose of the hearing is to hear and consider evidence on the petition.
1.4 If you do not appear, the court may enter an order in your absence establishing guardianship.
II. SUMMONS/ORDER
TO APPEAR
2.1 YOU ARE SUMMONED AND REQUIRED to appear at the hearing on the date, time and place indicated.
NOTICE Title 13 RCW Guardianship: The court should establish a Title 13 RCW guardianship and appoint a guardian for the above-named child. A petition for Order Appointing Title 13 RCW guardian, if granted, could result in substantial restrictions to the rights of the parent(s), guardian(s) or legal custodian(s).
IF YOU DO NOT APPEAR AT THE HEARING THE COURT MAY ENTER AN ORDER ESTABLISHING A TITLE 13 GUARDIANSHIP IN YOUR ABSENCE.
Dated this 9th day of August, 2023.
By direction of the Honorable
HENRY RAWSON
Judge of the Superior Court
Okanogan County, Washington
SUSAN SPEIKER
Clerk of the Superior Court
Okanogan County, Washington
by JAYMEE WERT
Deputy Clerk
Published in the Methow Valley News August 16, 23, 30, 2023; Okanogan Valley Gazette-Tribune August 17, 24, 31, 2023.OVG982425
PUBLIC SERVICE ANNOUNCEMENT:
The Okanogan County Central Landfill, Ellisforde Transfer Station, Bridgeport Transfer Station & Twisp Transfer Station will be closed on Saturday, September 2, 2023 in observance of the Labor Day Holiday. All locations will resume regular schedules on Tuesday, September 5, 2023. Also, summer hours will end August 31, 2023 and regular hours will resume September 1, 2023.
Published in the Methow Valley News August 23, 30, 2023; Okanogan Valley Gazette-Tribune August 24, 31, 2023. OVG 982605
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN by the Okanogan County Board of County Commissioners (BOCC), the county legislative authority of Okanogan County, that a public hearing is scheduled on Monday, September 11, 2023 at 11:00 a.m. to consider Okanogan County Conservation District’s proposed System of Rates and Charges.
At the hearing, the county legislative authority will consider, by resolution, revenues to the conservation district by fixing rates and charges. The county legislative authority may provide for this system of rates and charges as an alternative to, but not in addition to, a special assessment provided by RCW 89.08.400. In fixing rates and charges, the county legislative authority may in its discretion consider the information proposed by Okanogan County Conservation District consistent with RCW 89.08.405 (2).
A conservation district, in proposing a system of rates and charges, may consider:
(a) Services furnished, to be furnished, or available to the landowner;
(b) Benefits received, to be received, or available to the property;
(c) The character and use of land;
(d) The public benefit nonprofit corporation status, as defined in RCW 24.03A.245, of the land user;
(e) The income level of persons served or provided benefits under this chapter, including senior citizens and disabled persons; or
(f) Any other matters that present a reasonable difference as a ground for distinction, including the natural resource needs within the district and the capacity of the district to provide either services or improvements, or both.
The Public Hearing will be held in the Okanogan County Commissioners’ Hearing Room located at 123 5th Avenue North, Okanogan, WA 98840. Those who want to comment on the proposal may either attend the hearing or submit comments in writing to the Commissioners’ Office at 123 5th Avenue N, Rm 150, Okanogan, WA 98840. A link and phone number is provided for anyone who would like to attend via ZOOM: Join Zoom Audio & Video: https://us02web.zoom.us/j/85632551430 Meeting ID: 856 3255 1430 or Join Audio Only: +1 253 205 0468 Meeting ID: 856 3255 1430
Published in the Methow Valley News August 23, 30, 2023; Okanogan Valley Gazette-Tribune August 24, 31, 2023. OVG982608
HMJD SP 2023-14
Notice of Application and
SEPA Exemption
An application for a short subdivision has been submitted by Erlandsen on behalf of HMJD Orchards, LLC to divide approximately 19.63 acres into 2 lots. Proposed Lot 1 has an existing residence served by Brewster Flat Domestic Water Association and existing on site-septic system. Proposed Lot 2 will be Agricultural Use Only. The property is identified by parcel # 3024010106 located approximately 2 1/2 miles northeast of Brewster, at 157 North Star Rd.
The Okanogan County SEPA Responsible Official issued a final SEPA determination identifying this project is exempt from SEPA review in accordance with WAC 197-11.
The comment period for this project ends September 28, 2023 at 5pm. Comments must be submitted in writing. Direct questions and comments to: Charlene Schumacher, Senior Planner, Okanogan County Office of Planning & Development, 123 5th Ave. N, Suite 130, Okanogan, WA 98840, (509) 422-7113 or by e-mail at
cschumacher@co.okanogan.wa.us.
Published in the Methow Valley News August 23, 2023; Okanogan Valley Gazette-Tribune August 24, 2023. OVG982690
Okanogan County
Notice of Final Decision
Boundary Line Adjustment to consolidate: (parcels 3322200067, 3322200068 & 3322200070)
Proponent: Paul & Karen Picolet
Decision: Approved
Project: Planned Development Minor Modification 2022-2 Rader Road Inn
Proponent: Erlandsen
Decision: Approved
Project: Festival Permit 2023-4, Okanogan Family Faire
Proponent: Okanogan Family Faire
Decision: Approved
The Okanogan County Office of Planning and Development made a final decision on the above-noted projects. Within 20 days of publication, parties with standing may appeal these decisions to the Okanogan County Hearing Examiner at 123 5th Ave. N. Suite 130, Okanogan, WA 98840, pursuant to OCC 2.67.010. An appeal must include the $1,250.00 appeal fee.
Published in the Methow Valley News August 23, 2023; Okanogan Valley Gazette-Tribune August 24, 2023. OVG982740
COURT NO.: 23-7-00097-24
NOTICE AND
SUMMONS/ORDER
Termination Hearing
IN THE SUPERIOR COURT OF
THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF OKANOGAN – JUVENILE
IN RE THE DEPENDENCY OF:
ASHER ALEXXANDER DAVIS
A Minor Child DOB: 07/08/2022
STATE OF WASHINGTON TO: UNKNOWN FATHER/PARENT 2, WHOM IT MAY CONCERN AND ANYONE CLAIMING PATERNAL INTEREST IN THE ABOVE-NAMED CHILD.
1. NOTICE OF HEARING
1.1 You are notified that a petition was filed with this Court, seeking to terminate your parental rights.
1.2 A hearing will be held on Thursday, September 21, 2023 at 1:00 p.m., At Juvenile Court, Okanogan County Court House, Okanogan, Washington.
1.3 The purpose of the hearing is to hear and consider evidence on the petition.
1.4 If you do not appear, the court may enter an order in your absence permanently terminating your parental rights.
II. SUMMONS/ORDER
TO APPEAR
2.1 YOU ARE SUMMONED AND REQUIRED to appear at the hearing on the date, time and place indicated.
NOTICE
THE HEARING WILL DETERMINE IF YOUR PARENTAL RIGHTS TO YOUR CHILD ARE TERMINATED. IF YOU DO NOT APPEAR AT THE HEARING THE COURT MAY ENTER AN ORDER IN YOUR ABSENCE TERMINATING YOUR PARENTAL RIGHTS.
Dated this 17th day of August, 2023.
By direction of the Honorable
HENRY RAWSON
Judge of the Superior Court
Okanogan County, Washington
SUSAN SPEIKER
Clerk of the Superior Court
Okanogan County, Washington
by JAYMEE WERT Deputy Clerk
Published in the Methow Valley News August 23, 30; September 6; Okanogan Valley Gazette-Tribune August 24, 31; September 7, 2023. OVG982754
In re Estate of Christel A. Morgan, Deceased
No. 23-4-00109-24
PROBATE NOTICE TO CREDITORS under RCW 11.40.020, .030
Joshua M. Morgan and Danielle D. Utley have been appointed as co-personal representatives of this estate. Any person having a claim against the decedent must, before the time the claim would be barred by any otherwise applicable statute of limitations, present the claim in the manner provided in RCW 11.40.070 by serving on or mailing either of the personal representatives or the personal representatives’ attorney at the address state below a copy of the claim and filing the original claim with the court in which the probate proceedings were commenced. The claim must be presented within the later of: (1) 30 days after a personal representative served or mailed the notice to the creditor as provided under RCW 11.40.020(1)(c); or (2) four months after the date of first publication of the notice. If the claim is not presented within this time frame, the claim is forever barred, except as otherwise provided in RCW 11.40.051 and RCW 11.40.060. This bar is effective as to claims against both the decedent’s probate and non-probate assets.
Date of First Publication: August 9, 2023.
ADDRESS FOR MAILING OR SERVICE: PO Box 3059, Winthrop, WA 98862
Attorney for Co-Personal Representatives: Natalie N. Kuehler, WSBA #50322, The Kuehler Law Firm, PLLC
Court and Case Number: Okanogan County Superior Court – No. 23-4-00109-24
Published in the Methow Valley News August 9, 16, 23; 2023
Town of Twisp
STATE ENVIRONMENTAL POLICY ACT
Re-Issued Determination of Non-Significance
Date: _8/04/2023___
Lead agency: Town of Twisp
Agency Contact: Kurt Danison, townplanner@townoftwisp.com, Town of Twisp, P.O. Box 278, Twisp, WA 98856, 509 997 4081
Agency File Number: PD 23-02, PD 23-03
Carla Smith, Diversified Design of Everett, Washington has submitted applications for the preliminary approval of a Twelve Unit Planned Development along with a request for a variance from the density standards to allow twelve units rather than ten allowed by code and a five unit planned development through the conversion of the existing Blackbirds Building into an apartment complex to the Town of Twisp. The proposals entails development of Parcel Nos. 8800600101 and 3322170412 with twelve townhomes – 2 fourplexes and 2 duplexes and parcel nos. 8800600200 and 332214043 into five apartments. The proposed planned developments are located on the north side of S.R. 20, at 902 Methow Valley Highway in the Town of Twisp, within Section 17, Township 33 N., Range 22 E.W.M.
The Town of Twisp has determined that this proposal will not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030(2)(c). We have reviewed the attached Environmental Checklist, project application and appurtenance information. This information is available at Twisp Town Hall.
This determination is based on the following findings and conclusions:
The application and SEPA checklist contain mitigation measures that satisfactorily address environmental impacts.
This DNS is issued under WAC 197-11-340(2) and the comment/appeal period will end on August 25, 2023. Comments and/or appeals must be made in writing to Randy Kilmer, Town Clerk, townclerk@townoftwisp.com, Town of Twisp, P.O. Box 278, Twisp, WA 98856, 509 997 4081
Signature Kurt Danison
(electronic signature or name of signor is sufficient)
Date 8/04/2023
Published in the Methow Valley News August 16, 23; 2023.
Probate Notice to Creditors for the Estate of Peter Gillespie
In the Superior Court of the State of Washington for the County of Okanogan
In re the Estate of:
Peter Gillespie
Cause Number 23-4-00110-24
Please take notice:
The Above Court has appointed Kathryn Gillespie and Lucy Gillespie as Co-Personal Representatives of Decedent’s Estate. Any Person having a claim against the Decedent must present the claim: (a) Before the time when the claim would be barred by any applicable statute of limitations, and (b) In the manner provided in RCW 11.40.070: (i) By filing the original of the claim with the foregoing Court, and (ii) By serving on or mailing to me at the address below a copy of the claim. The claim must be presented by the later of: (a) Thirty (30) days after I served or mailed this Notice as provided in RCW 11.40.020(1)(c), or (b) Four (4) months after the date of first publication of this Notice. If the Claim is not presented within this time period, the claim will be forever barred except as provided in RCW 11.40.051 and 11.40.060. This bar is effective for claims against both the Decedent’s probate and non-probate assets.
Date of First Publication of this Notice: August 16, 2023
/s/Alexandria A. Driessen,
Attorney for Kathryn Gillespie and Lucy Gillespie, Co-Personal Representatives.
Published in the Methow Valley News August 16, 23, 30; 2023.
METHOW VALLEY IRRIGATION DISTRICT
NOTICE TO VENDORS
VENDOR LIST
In accordance with District Resolution 16.07 and RCW 39.04.190, the Methow Valley Irrigation District maintains a list of vendors for the purchase of materials, supplies, and equipment wherein the dollar amount of each purchase is between $20,001 and $50,001. This notice is to solicit the names of vendors for that list. If interested, submit the vendor’s name, address, and telephone number, a copy of the vendor’s business license, and a description of the materials, supplies, or equipment available from the vendor to MVID, PO Box 860, Twisp, WA 98856. Questions may be directed to the District Secretary at (509) 997-2576 or mvid2019@centurytel.net.
/s/ S. Strieby, Secretary
Published in the Methow Valley News August 16th, 2023.
STATE ENVIRONMENTAL POLICY ACT
Mitigated Determination of Non-Significance
August 14, 2023
Lead Agency: Town of Twisp
Agency Contact: Kurt Danison. townplanner@townoftwisp.com, 509 997 4081
Agency File Number: PD22-02
Description of Proposal:
Palm Investments North LLC/Jerry and Julie Palm of Winthrop, Washington have submitted a revised application for preliminary approval of a 52 lot Planned Development to the Town of Twisp. The proposal entails development of Parcel No. 3322180099 with 52 residential lots ranging in size from 3,630 sq ft to 8,903 sq.ft. with 3 open space tracts of 8,390 sq.ft., 116,669 sq.ft. and 171,156 sq ft. As a planned development the application requests that interior lots have a zero-side yard setback.
Location of Proposal:
The proposed planned development, which proposed streets, water and stormwater utilities built to Town standards, is located west of the Painters Addition to Twisp with access from Harrison Street and proposed emergency access to Isabella Lane within the Town’s reservoir access easement, within Section 18, Township 33 N., Range 22 E.W.M.
Applicant: Palm Investments LLC
PO Box 322
Winthrop, WA 98862
Palmci1@gmail.com
509 322 3032
The Town of Twisp has determined that this proposal will not have a probable significant adverse impact on the environment. Pursuant to WAC 197-11-350(3), the proposal has been clarified, changed, and conditioned to include necessary mitigation measures to avoid, minimize or compensate for probable significant impacts. An environmental impact statement (EIS) is not required under RCW 43.21C.030. The necessary mitigation measures are listed below, the Environmental Checklist is attached, and the application, special studies and related materials are available at: townoftwisp.com
This determination is based on the following findings and conclusions:
The application for the proposed planned development underwent a preliminary review process wherein a Determination of Non-Significance (“DNS”) was issued by the Town and was subject to numerous comments and several appeals. As a result, the Town withdrew the DNS and provided the applicant with a list of items to address in a revised SEPA Checklist and application for the planned development (“PD”). The Town issued a Mitigated Determination of Non-Significance (“MDNS”) on January 5, 2023, which was withdrawn as it was on the wrong form, then a new MDNS was issued on February 1, 2023, which was also withdrawn on March 23, 2023, when a commentor correctly pointed out that the notice provided did not meet the requirements of state statute.
The Planning Commission completed the required Public Hearing process on April 26, 2023, then began discussion of the conditions to be placed on the recommendation for preliminary approval of the PD. The hearing process entailed the Planning Commission completing its discussion of the proposed conditions on May 10, 2023, with the conditions primarily intended to address the issues brought up via the written comments from 35 individuals and couples, another 34 individuals (some also provided written comments) commenting during the public hearing process and the 9 comments (some incorrectly labeled “appeals”) were submitted on the February 1, 2023, MDNS.
A new MDNS was prepared and issued on May 24, 2023. As a result of comments on that MDNS, the SEPA Responsible Official withdrew the MDNS in accordance with WAC 197-11-340(3)(a)(ii) and TMC 16.05.120(8). Due to a clerical error, an incorrect Notice of Withdrawal was issued and published. A Corrected Notice was issued on July 31, 2023 to replace the previously incorrect Notice of Withdrawal.
Many of the comments received on the original DNS and subsequent MDNS (withdrawn) mirrored the comments submitted on the PD application itself and were more about the Town’s land use plans, codes, and regulations, however, the following items have been addressed in the revised SEPA Checklist and the conditions of preliminary approval recommended by the Planning Commission:
1. Air Quality
2. Glare and light pollution
3. Critical Areas and Wetlands
4. Design Standards
5. Density
6. Traffic – volume, road capacity and emergency access
7. Stormwater – how will it be handled
8. Consistency with Comprehensive Plan
9. Consistency with Zoning Code
10. Wildfire Risk
11. Contamination from previous agricultural use
The mitigating conditions set forth in the Mitigation Plan supporting this Mitigated Determination of Non-Significance attached hereto are requirements of approval of the PD.
This MDNS is issued under WAC 197-11-350 and the comment period will end on August 29, 2023. Comments can be submitted to Kurt Danison, Town Planner, townplanner@townoftwisp.com, P.O. Box 278, Twisp, WA 98856 509 997 4081
Signature Kurt E. Danison
(electronic signature or name of signor is sufficient)
Date August 14, 2023
Appeal process:
You may appeal this determination to:
Okanogan County Superior Court
149 3rd Ave. South
Okanogan, WA 98840
There are no administrative appeals for this MDNS because the decision on the underlying permit is being made by the Town Council. TMC 16.05.200(5). Therefore, in accordance with RCW 43.21C.075(6)(c) and TMC 14.05.070(6), any appeals of this MDNS may be taken to Okanogan County Superior Court in conjunction with the underlying decision by the Town Council. Such appeal must be filed no later than 21 days following issuance of the Town Council’s decision on the PD in accordance with the deadlines contained in Chapter 36.70C RCW.
Orchard Hills Planned Development Mitigation Plan
One of the conditions for preliminary approval of the PD requires that all mitigation measures set forth in the revised SEPA Checklist and any addendums thereto are required to be implemented and maintained throughout the life of the project.
1.Air Quality.
The applicant notes in the SEPA Checklist that all woodstoves must meet current state and federal standards and that the Department of Ecology publication “Methods for Dust Control” 2016 will be utilized to prepare a dust control plan in accordance with the Town of Twisp’s codes and regulations and best management practices.
Mitigation conditions for preliminary approval of the PD should require that the final approval contain either Plat Conditions and Restrictions limiting each dwelling unit to one wood burning apparatus with no wood-burning fireplaces allowed or, in the alternative, that the applicant record Covenants, Conditions and Restrictions on all the lots containing this restriction.
The issue of re-suspended dust from winter sanding operations is a Town issue that is not the responsibility of the developer.
2. Glare and light pollution.
The applicant notes in the SEPA Checklist that the project will adhere to current Town lighting standards and will limit all building sites to at least 30’ below the ridgeline. Demonstrated compliance with Town lighting standards in effect at the time of building permit application(s) (including standards provided in TMC 18.15.070) will be adequate to mitigate light and glare. The conditions for preliminary approval of the PD should require that no building site be developed that is not at least 30’ below the nearest ridgeline. The applicant will demonstrate compliance with this condition prior to issuance of approval of the Final PD.
3. Critical Areas and Wetlands.
Portions of the project site have been designated as Geological Hazardous Areas and Critical Aquifer Recharge Areas in the Town’s Comprehensive Plan. The applicant submitted the following reports prepared by qualified professionals: Geotechnical Report, a Limited Environmental Investigation, Wetlands Determination and Delineation, Habitat Assessment, and Lead and Arsenic Testing report. The studies provided data on the soils, topography, soil permeability and potential contamination from historic use of portions of the site as a commercial orchard. In general, the Geotechnical Report found the site suitable for the type of development being proposed and contained recommendations for measures to reduce potential impacts. The mitigation measures contained in the reports prepared by qualified professionals and submitted by the applicant should be made conditions of approval of the Final PD. The Limited Environmental Investigation did find evidence arsenic in the soils on the project site and made the following recommendation:
Because arsenic was detected in soil above the MTCA Method A cleanup level at the Subject Property, Ecology requires additional environmental investigation and/or cleanup to meet the requirements of MTCA and Ecology’s Model Remedies for Cleanup of Former Orchard Properties in Central and Eastern Washington (July 2021, Publication No. 21-09-006). The highest concentrations of arsenic were measured in soil samples collected at depths of 8 and 10 feet bgs from test pits located nearest the bedrock ridge in the western portion of the Subject Property. It is possible that naturally occurring arsenic in the bedrock is a source of arsenic to soil at the Subject Property. However, because the Subject Property was historically used as orchard land, Ecology will likely require a background study of naturally occurring arsenic, completed in accordance with WAC 173-340-709, to establish area soil background concentrations and evaluate future cleanup requirements for the Subject Property.
The applicant notes in the SEPA checklist that temporary sediment/erosion control measures will be incorporated during construction to prevent sediment transport off site. NPDES Construction Storm Water Permit from DOE will be obtained, and an associated plan implemented. All land disturbed during construction will be stabilized and revegetated. Measures to reduce or control erosion include stormwater management and dedication of permanent open space.
The applicant provided a Wetlands Assessment conducted by a qualified professional. The Assessment found no wetlands on the subject property.
4.Design Standards.
As the applicant notes in the SEPA Checklist, the project will be required to comply with the Town design standards for public and private infrastructure and for the individual dwelling units. The applicant will adhere to such standards as are in effect at the time of the submittal of building or development permits. In addition, the applicant will be subject to the development standards contained in Chapter 18.45 TMC.
5.Density.
The proposed PD includes 52 individual single-family residential lots ranging in size from 3,630 sq ft to 8,903 sq. ft. with 3 open space tracts of 8,390 sq. ft., 116,669 sq. ft. and 171,156 sq. ft. The PD was determined to meet the density standards set forth in the Twisp Zoning Code (Title 18, Table 5). While the proposed development is in an area zoned R1, with a minimum lot size of 10,000 sq ft, Table 5 contains a footnote indicating that the minimum lot size does not apply to a PD. Comprehensive Plan and Zoning regulations encourage PDs as a means to protect open space and critical areas by allowing flexibility in design, which includes clustering of dwellings on smaller lots. Preservation of the open space in perpetuity will off-set the clustered density proposed in the application.
6. Traffic.
The applicant notes in the SEPA Checklist that a study by independent consultant SJC Alliance estimates that there will be 563 new trips per day on May St and Harrison Ave. The study noted that the existing street network has the capacity to handle the increased traffic, The applicant also provided a supplemental traffic study that examined the current and projected capacity of the intersections of May Street and Second Avenue and Second Avenue and S.R. 20. The supplement found that both intersections have the capacity to address existing as well as projected traffic volumes from this project.
Two accesses to the development are required. If feasible, the applicant shall construct a secondary access road from the PD to Isabella Lane within the Town’s reservoir access easement. In the alternative, the applicant shall construct the secondary access road for ingress and egress to the project in another location subject to approval by the Public Works Director. Any such secondary access road may not be barricaded and must be maintained year-round by the applicant or successor HOA, unless made public.
Public and private roads that do not have wide radius turn arounds have been shown to create issues with snow clearing and storage which can impede emergency access. Any public or private dead-end streets and lanes shall meet all applicable codes. Private roads and access ways shall include design for snow clearing and storage in order to not impede emergency access and which does not result in snow being pushed onto the public street.
In the event of an emergency, evacuation of the PD and adjoining neighborhood will occur consistent with the Town’s Emergency Response Plan, as it may be amended from time to time.
7. Stormwater.
The applicant states in the SEPA Checklist and a preliminary Stormwater Management Plan that stormwater runoff will result from developed hardscape areas including buildings, roadways, pedestrian paths, and parking areas. These areas will be directed via sloped surfaces and conveyance piping to water quality and infiltration swales or dry wells designed and sized to meet the requirements of the DOE Stormwater Manual for Eastern Washington 2019.
A stormwater management plan compliant with Town standards and the Eastern Washington Stormwater Management Manual must be prepared by a licensed engineer and approved by the Town prior to final approval of the PD. The stormwater plan will ensure that stormwater runoff from the development is retained, treated, and dispersed within the project boundaries. In addition, the stormwater plan improvements must be constructed or bonded prior to final approval of the PD.
The stormwater system may not be located in the preserved open space.
8. Consistency with Comprehensive Plan.
The applicant states in the SEPA Checklist that the proposal is developed pursuant to adopted Town of Twisp regulations. This is a proposed residential development with less overall density than the current zoning. The PD will be consistent with the Town’s comprehensive plan.
9. Consistency with Zoning Code.
The applicant states in the SEPA Checklist that the proposal is developed pursuant to adopted Town of Twisp regulations. This is a proposed residential development with less overall density than the current zoning.
The Staff Report prepared for the Planning Commission noted that there are conflicts between the Comprehensive Planning and Zoning code: “There is a conflict between the intent of the R1 zoning district and the regulations which provides for the reduction of minimum lot sizes through the PD process. There is also a conflict with the comprehensive plan which calls for a maximum density of 4 units per acre rather than the 6 permitted under zoning. However, as the zoning code has been adopted by ordinance, the zoning provisions prevail. The proposed use is considered allowed as it consists of single-family residences and falls within the allowable zoning density providing it follows the requirements for a planned development.”
The PD may be conditioned to create consistency with the Town’s zoning code.
10. Wildfire Risk.
One of the key issues raised during the public review process was wildfire risk and the impact the number of new dwellings would have on traffic in the event of an emergency and the small lots limiting the space between structures thus contributing to fire spread in the event of a wildfire.
The Town retained a professional Fire Marshal who visited the site, reviewed the plans, and provided recommendations that addressed both issues. The applicant also provided a professional report on wildfire risk and mitigation measures that were reviewed by the City’s retained professional Fire Marshal. In order to mitigate the risk of harm to people, animals, property, and the environment, the following mitigation measures should be implemented prior to final approval of the PD:
• That all provisions of the International Fire Code related to fire flow be included in project designs and be built or bonded prior to granting of final approval of the PD. In addition, prior to final PD approval, the applicant shall provide a report by a qualified professional that demonstrates that the water system has adequate fire flow for the project, including having adequate capacity to serve the required fire sprinklers in every home. Such report is subject to the review and approval by the Town Engineer. If fire flow is not shown to be adequate, then the applicant shall be required to make improvements to the water system serving the PD to ensure adequate fire flow. Such improvements shall be built or bonded prior to final PD approval.
• Two accesses to the development are required. If feasible, the applicant shall construct a secondary access road from the PD to Isabella Lane within the Town’s reservoir access easement. In the alternative, the applicant shall construct the secondary access road for ingress and egress to the project in another location subject to approval by the Public Works Director. Any such secondary access road may not be barricaded and must be maintained year-round by the applicant or successor HOA, unless made public.
• Public and private roads that do not have wide radius turn arounds have been shown to create issues with snow clearing and storage which can impede emergency access. Any public or private dead-end streets and lanes shall meet all applicable codes. Private roads and access ways shall include design for snow clearing and storage in order to not impede emergency access and which does not result in snow being pushed onto the public street.
• In the event of an emergency, evacuation of the PD and adjoining neighborhood will occur consistent with the Town’s Emergency Response Plan, as it may be amended from time to time.
• That all construction will be completed in compliance with applicable requirements of the International Building Code and all homes meet the 2018 International Wildland-Urban interface code, including being constructed using Class 2 Ignition-Resistant construction methods and materials. This requirement shall be recorded either as a note on the final plat, or this requirement shall be recorded as part of Covenants, Conditions, and Restrictions for the development prior to approval of the Final PD.
• In addition, all home(s) shall be equipped with NFPA 13D fire sprinkler systems. This requirement shall be recorded either as a note on the final plat, or this requirement shall be recorded as part of Covenants, Conditions, and Restrictions for the development prior to approval of the Final PD.
• That each lot shall be labeled with an E911 address prior to filing and recording of PD Plat.
• That the applicant have a fire hazard reduction plan prepared by a qualified professional, which is subject to approval by the Town. The applicant must implement said approved plan in the proposed open space area south of Harrison Street prior to final approval of the PD.
11. Contamination from previous agricultural use.
Portions of the project site have been designated as Geological Hazardous Areas and Critical Aquifer Recharge Areas in the Town’s Comprehensive Plan. The applicant submitted a Geotechnical Report and a Limited Environmental Investigation prepared by qualified professionals. The studies provided data on the soils, topography, soil permeability and potential contamination from historic use of portions of the site as a commercial orchard. In general, the Geotechnical Report found the site suitable for the type of development being proposed and contained recommendations for measures to reduce potential impacts. The Limited Environmental Investigation did find evidence arsenic in the soils on the project site and made the following recommendation:
Because arsenic was detected in soil above the MTCA Method A cleanup level at the Subject Property, Ecology requires additional environmental investigation and/or cleanup to meet the requirements of MTCA and Ecology’s Model Remedies for Cleanup of Former Orchard Properties in Central and Eastern Washington (July 2021, Publication No. 21-09-006). The highest concentrations of arsenic were measured in soil samples collected at depths of 8 and 10 feet bgs from test pits located nearest the bedrock ridge in the western portion of the Subject Property. It is possible that naturally occurring arsenic in the bedrock is a source of arsenic to soil at the Subject Property. However, because the Subject Property was historically used as orchard land, Ecology will likely require a background study of naturally occurring arsenic, completed in accordance with WAC 173-340-709, to establish area soil background concentrations and evaluate future cleanup requirements for the Subject Property.
The applicant will address the contamination consistent with Ecology’s requirements prior to Final PD.
The applicant notes in the SEPA Checklist that temporary sediment/erosion control measures will be incorporated during construction to prevent sediment transport off site. NPDES Construction Storm Water Permit from DOE will be obtained, and an associated plan implemented. All land disturbed during construction will be promptly stabilized and revegetated following such activities. Measures to reduce or control erosion include stormwater management and dedication of permanent open space.
12. Recreation.
The applicant states in the SEPA Checklist that currently residents of Painter’s Addition use the land without permission for hiking. The applicant further states that by putting 40% into open space and maintaining an informal route to the ridge summit and the informal hiking will be legal and maintained into the future. Such open space must be kept as undeveloped open space in perpetuity by one of the following methods: (1) deeding it to the Town, (2) by including such requirement in the Plat Notes, or (3) by recording Covenants, Conditions, and Restrictions against the property that require such open space to remain undeveloped in perpetuity. If the open space is not deeded to the Town, it shall be managed in perpetuity by the HOA.
Published in the Methow Valley News August 16, 23; 2023
LEGAL NOTICE
NEGOTIATION OF STATE LEASES WITH EXISTING LESSEES BETWEEN OCTOBER AND NOVEMBER 2023 EXPIRES: JANUARY 2024
10-B69486-GRAZING-S1/2, Sec 14; all of Sec 15; all in Twp 35N, Rge 24E, W.M.
Written request to lease must be received by September 25, 2023, at Department of Natural Resources, 225 S Silke Rd, Colville, Washington 99114-9369. Each request to lease must include the lease number, the name, address and phone number of applicant, and must contain a certified check or money order payable to the Department of Natural Resources for the amount of any bonus bid plus a $100.00 deposit. The envelope must be marked “Sealed Bid” and give lease number, expiration date of lease applied for and give applicant’s name. The applicant must be prepared to purchase improvements that belong to the current lessee. Persons wishing to bid to lease any of these properties can obtain more details, bid packet, and qualification requirements by contacting the Colville office or calling (509) 684-7474.
Published in the Methow Valley News: August 23, 2023
NOTICE OF ADOPTION OF ORDINANCE NO. 770
(TOWN OF WINTHROP, WASHINGTON)
NOTICE IS HEREBY GIVEN that the Town of Winthrop has adopted its Ordinance No. 770, which in summary, amends Chapter 5.04 of the Winthrop Municipal Code titled Business License Generally.
Said ordinance may be examined at the Winthrop Town Hall during regular business hours or a copy will be mailed upon request.
This notice is given by order of the Town Council and pursuant to R.C.W. 35.27.300.
Dated this 17th day of August, 2023.
Michelle Gaines – Town Clerk
Town of Winthrop, Washington
Published in the Methow Valley News August 23, 2023.
SUPERIOR COURT OF WASHINGTON
FOR OKANOGAN COUNTY
Estate of
MICHAEL REITHOFFER, Deceased.
NO. 23-4-00115-24
PROBATE NOTICE TO CREDITORS
(RCW 11.40.030)
PLEASE TAKE NOTICE
The above Court has appointed me as Personal Representative of Decedent’s estate. Any person having a claim against the Decedent must present the claim: (a) Before the time when the claim would be barred by any applicable statute of limitations, and (b) In the manner provided in RCW 11.40.070: (i) By filing the original of the claim with the foregoing Court, and (ii) By serving on or mailing to me at the address below a copy of the claim. The claim must be presented by the later of: (a) Thirty (30) days after I served or mailed this Notice as provided in RCW 11.40.020(1)(c), or (b) Four (4) months after the date of first publication of this Notice. If the claim is not presented within this time period, the claim will be forever barred except as provided in RCW 11.40.051 and 11.40.060. This bar is effective for claims against both the Decedent’s probate and non-probate assets.
Date of First Publication of this Notice:
August 23, 2023
Decedent’s SSN (for WDSHS only):
Susan Donahue, WSBA No. 43660
Attorney for Daniel Parker, Personal Representative
Published in the Methow Valley News: August 23, 30; September 6, 2023
