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HomeMy WebLinkAboutCA02 Proposed Findings and Conclusions, and Recommendations C(a) Natural Rathvon RECEIVED APR 2.4 2025 JEFFERSON COUNTY COMMISSIONERS EXHIBIT # DEVELOPMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO THE ADMINISTRATOR Re: Shoreline Conditional Use ) PROPOSED FINDINGS, (Administrative)Application ) CONCLUSIONS,AND RECOMMENDATIONS File No.: SDP2023-00020 Applicants: Richard Rathvon,20 Liberty Knoll,Colts Neck,NJ 07722 SUMMARY APPLICATION AND RECOMMENDATION Proposal: Shoreline conditional use(administrative)and stormwater applications to construct a new house in the Natural shoreline environment designation along Dabob Bay. Residential development is proposed outside of the 150-foot shoreline buffer and 10-foot building setback. Construction of the house and installation of the septic system would be located within 200 feet of ordinary high water mark,but most of the concrete parking area is proposed outside of shoreline jurisdiction. The applicants have submitted a geotechnical report,a stream report,and a cumulative impacts report,and all development would be located outside of the stream buffer. The proposal is not subject to review under the State Environmental Policy Act(SEPA). Recommendations: Jefferson County Department of Community Development(DCD)recommends approval with conditions. BACKGROUND INFORMATION Legal Description and Location: The parcel(701164005)is legally described as S16 T27 R1 W TAX 2, and is located at 660 Twana Way,Quilcene, Washington 98376. Site Conditions: The subject parcel is approximately 5.5 acres in size and slopes down to the west and Dabob Bay. Rural residential parcels are located to the north,south and east of the Rathvon property. The slopes on these parcels are steep and are well vegetated with forested habitats dominated by native plant species. Shoreline Designation: All work is proposed above OHWM in a portion of the shoreline designated as Natural in the Shoreline Master Program(SMP),as codified in Chapter 18.25 Jefferson County Code (JCC). Comprehensive Plan Designation: The Jefferson County Comprehensive Plan(adopted December 10, 2018)designates the subject parcels as Rural Residential 1 unit/5 acres. Pre-application Conference: A pre-application meeting was conducted on October 25,2022. SDP2023-00020 Rathvon Residence Page 2 of 9 Application Date: A shoreline conditional use application was submitted to DCD on November 7, 2023. Site Visit: A site visit was conducted on July 30, 2024. State Environmental Policy Act (SEPA) Review: Jefferson County, acting as lead agency for SEPA, determined the proposal is categorically exempt from SEPA review pursuant to WAC 197-11- 800(1)(b)(i). NOTICE REQUIREMENTS AND COMMENTS Shoreline conditional use procedures (Type II permitting process) require that the application be noticed. Notice of Application: The application was noticed on August 28, 2024: • Published in The Leader on August 28, 2024; • Posted on the property on August 28, 2024; • Sent to agencies and tribes on August 28, 2024; and • Sent to all property owners within 300 feet on August 27, 2024. Comments Received: DCD received comments from Washington State Department of Ecology and property owners along Twana Way (a narrow primitive road). The following briefly summarizes the comment received for this shoreline application: • Suzanne Hawley, Sam Hawley, Jana Hawley, Sue Sigmen, and Teresa Kobzan submitted an email on September 25, 2024, expressing concern about impacts to Twana Way during construction and stated that the applicant should be responsible for returning the road to its current condition. • Nils Glomset submitted a letter, which was received on September 25, 2024. He indicated concerns about heavy machinery harming the road during construction. • Washington State Department of Ecology emailed comments on September 26, 2024, stating that the proposal must be consistent with the following SMP provisions: JCC 18.25.270 (buffers/critical areas), JCC 18.25.310 (vegetation conservation), and JCC 18.25.500 (residential). • Cindi Hawley and Christy Schenck emailed comments on September 26, 2024. They expressed concerns about the road (Twana Way) during construction and suggested that the applicant be required, once construction is complete, to restore the road to current conditions. • Stephanie McGregor and Paul Kooiman emailed comments on September 27, 2024. They expressed concerns about the potential for the existing road to be impacted as large trucks deliver equipment to the Rathvon parcel and the effects of this on pedestrian uses of the road; the impact of a larger house being used by part-time residents in the neighborhood; and the scale of the project could lead to environmental degradation. They requested a more in-depth review to protect the environment and existing conditions. • Bryan Telegin/Telegin Law, representing property owners John DiMaggio and Michelle Oliver, emailed a letter on September 27, 2024. Concerns identified in the letter include, but are not limited to, protection of the shoreline environment and surrounding area, use of a primitive road to access the Rathvon property during construction, limitations of the submitted geotechnical report, and an evaluation of potential cumulative impacts is missing. Attached to the letter from the attorney was a review of the geotechnical report that had been prepared by Crescent Environmental PLLC (Crescent). Staff Comment: The majority of comments DCD received pertained to potential impacts to Twana Way during construction. This permit is a shoreline conditional use application for residential development on property located at 660 Twana Way that incorporates a stormwater permit to construct a parking area on SDP2023-00020 Rathvon Residence Page 3 of 9 the property, just outside of shoreline jurisdiction. Road improvements are beyond the scope of this proposal and this permit for residential development does not authorize any modifications to Twana Way. The proposed residence would be constructed outside of the 150-foot-wide shoreline buffer and 10-foot- wide building setback, as required under JCC 18.25.270. Assuming all permit conditions are followed, no substantive impacts to the shoreline environment is expected. Based on the geotechnical assessment prepared by Crescent, additional information was requested of the project geologist (Stratum Group). DCD requested that a cumulative impacts assessment, prepared by a qualified professional, be submitted. This proposal was reviewed against all applicable sections of the JCC, including the SMP, and this staff report is intended to show compliance shoreline and stormwater permitting requirements. JEFFERSON COUNTY APPROVALS REQUIRED/APPLICABLE ORDINANCES A shoreline conditional use permit (Type II process) is required for residential development within the Natural shoreline environment designation. The proposal was reviewed against all relevant requirements, specifically: • Jefferson County Comprehensive Plan, adopted December 10, 2018; • Shoreline Master Program for Jefferson County, effective February 21, 2014; and • Jefferson County Code, Title 18 – Unified Development Code, adopted December 18, 2000 and effective January 16, 2001, as amended. STAFF FINDINGS The following presents staff findings regarding consistency of the application with the Jefferson County Comprehensive Plan and the Jefferson County Code, including the Shoreline Master Program. 1. Proposal. The proposal is to construct a new single-family residence, most of which would be located within the Natural shoreline environment designation. Residential development is proposed outside of the shoreline buffer and building setback. 2. Jefferson County Comprehensive Plan. The proposed shoreline development is subject to the goals and policies of the Jefferson County Comprehensive Plan. The shoreline goal (EN-G-4) states: Implement Chapter 18.25 JCC to protect shoreline functions and processes while allowing appropriate development and uses within the shorelines of Jefferson County. Staff Comment: The proposal has been reviewed against Chapter 18.25 JCC (Shoreline Master Program) and is consistent with the Comprehensive Plan goal and the policies of ensuring the proposal complies with SMP goals and policies (Policy EN-P-4.1) and working cooperatively with Ecology (Policy EN-P-4.2). 3. Jefferson County Code – Critical Areas (Chapter 18.22). The proposed development is within shoreline jurisdiction, and is subject to the critical area regulations in Chapter 18.22 JCC. DCD staff reviewed the application for the potential presence of critical areas. After an initial Geographic Information Systems mapping review and a site visit, it was determined that the following have the potential to occur on the property: geologically hazardous areas (high and moderate landslide hazards, unstable shoreline slope stability, seismic hazards, erosion hazards), fish and wildlife habitat SDP2023-00020 Rathvon Residence Page 4 of 9 conservation areas (primary association for listed species, patchy fringe of eelgrass), frequently flooded areas (Zone VE), critical aquifer recharge areas (susceptible), and seawater intrusion protection zones (coastal). Staff Comment: The proposed development is landward of the floodplain mapped by the Federal Emergency Management Agency. For this reason, no Habitat Assessment was requested of the applicant. The proposed development is proposed outside of the 150-foot buffer and 10-foot building setback. Since no development is proposed below OHWM and the proposal avoids direct impacts to the shoreline buffer and minimizes the potential for indirect impacts, no mitigation plan was required of the applicant. The applicants submitted a Stream Assessment report (dated December 19 2022) that was prepared by Peninsula Environmental. This report states that most of a Type Ns stream with a 50-foot buffer is present on a parcel immediately south of the Rathvon property, with the stream crossing the Rathvon property in the southeasternmost corner of the parcel. The stream buffer extends north onto the Rathvon property but all development is proposed outside the stream buffer. No stream buffer impacts are proposed so mitigation plan was required of the applicant. A Geotechnical Hazard Assessment, prepared by Stratum Group (dated February 15, 2022), was submitted. This report recommends that all development (including discharging stormwater) be located at least 30 from the shoreline bluff slope and provided vegetation retention criteria. As part of the comment from Telegin Law, a report prepared by Crescent stated there were inaccuracies and omissions in the report prepared by Stratum Group. Based on the county request for additional information, Stratum Group prepared a response (received October 11, 2024) and a Geology Hazard Assessment Update report (dated November 14, 2024). Subsequent to this, the applicant submitted a Geology Hazard Assessment for Twana Way Improvements. Road improvements are not proposed within shoreline jurisdiction or at the parking area on the Rathvon parcel so this report is beyond the scope of this proposal to construct a single-family residence. Residential development in critical aquifer recharge areas and seawater intrusion protection zones is allowed; therefore, no aquifer recharge report was required. The shoreline application was noticed to state agencies and tribes. DCD did not receive any comments indicating that critical areas have the potential to be adversely affected by the proposal. The shoreline permit will be conditioned to comply with mitigation measures and recommendations in the submitted reports. It should be noted that Telegin Law submitted additional comments on March 27, 2025. The letter states that the updated geotechnical report does not include a slope stability or surface erosion assessment and that road maintenance has not yet been adequately addressed. Staff Comment: The current application is to construct a new single-family residence within shoreline jurisdiction. Evaluation of Twana Way, which is located beyond the limits of shoreline jurisdiction, is outside the scope of the shoreline application. The shoreline permit has a condition clarifying that the shoreline permit does not authorize any work on Twana Way. 4. Jefferson County Code – Stormwater (JCC 18.30.060 and 18.30.070). Residential development is required to comply with JCC requirements for controlling stormwater, which includes compliance the current version of the Stormwater Management Manual for Western Washington. Staff Comment: A Stormwater Management Plan was prepared by Evergreen Engineering Services (dated June 24, 2024). The permit is conditioned to comply the stormwater management design criteria and best management practices in the engineered stormwater plan and the recommendations in and the geotechnical report. SDP2023-00020 Rathvon Residence Page 5 of 9 5. Jefferson County Code – Shoreline Master Program (Chapter 18.25 JCC). The proposal is subject to the policies and regulations of the SMP. The regulations from the following sections in the SMP are applicable to this application: • JCC 18.25.500 Residential • JCC 18.25.540 Substantial development permit criteria • JCC 18.25.590 Conditional use permit criteria • JCC 18.25.260 to 18.25.320 (Article VI) General policies and regulations JCC 18.25.500(1) identifies policies for residential development. Policies that are applicable to the proposal are addressed below. (a) Residential use is not water-dependent but is a preferred use of the shorelines when such development is planned and carried out in a manner that protects shoreline functions and processes to be consistent with the no net loss provisions of this program. Staff Comment: The proposal avoids direct impacts to the shoreline buffer and the residential structure will be constructed outside of the 10-foot building setback. The permit has been conditioned to require best management practices (such as installation of silt fencing along the limits of clearing) be implement to minimize the potential for the shoreline environment to be adversely affected during construction. (b) All residential use and development should be planned, designed, located, and operated to avoid adverse impacts on shoreline processes, aquatic habitat, biological function, water quality and quantity, aesthetics, navigation, and neighboring uses. Staff Comment: The proposal is not expected to have an adverse impact on shoreline processes, biological functions, or aesthetics and is consistent with neighboring uses, assuming all permit conditions are followed. All development is proposed above OHWM so aquatic habitat and navigation will not be negatively affected. (c) All residential use and development should be properly managed to avoid damage to the shoreline environment and prevent cumulative impacts associated with shoreline armoring, overwater structures, stormwater runoff, septic systems, introduction of pollutants, and vegetation clearing. Staff Comment: No in-water or overwater structures are proposed. The proposal has been reviewed by other agencies, tribes, and county departments, and DCD did not receive any comments indicating the proposal has the potential to negatively affect the shoreline environment or result in cumulative impacts. The applicant will be required to comply with the stormwater manual and the recommendations in the geotechnical report. Therefore, no adverse impacts to the shoreline are expected. (g) Residential development should be designed to: (i) Maintain or improve ecological functions and processes; and (ii) Preserve and enhance native shoreline vegetation; and (iii) Control erosion; and (iv) Protect water quality; and (v) Preserve shoreline aesthetic characteristics; and (vi) Minimize structural observations to public views and normal public use of the shoreline and the water. Staff Comment: As proposed, the residential expansion meets all of the above. The applicant is proposing to build outside of the shoreline buffer so shoreline vegetation will be preserved. The recommendations in the geotechnical report and the engineered stormwater plan should minimize the SDP2023-00020 Rathvon Residence Page 6 of 9 potential for erosion to occur. The proposal is not expected to affect water quality, negatively affect shoreline aesthetics, or affect use of the shoreline. JCC 18.25.500(2) identifies uses and activities that are prohibited outright, such as in-water, overwater, and floating residences and residences that may need armoring/structural protection. Staff Comment: The proposal is not a use or activity that is prohibited outright. JCC 18.25.500(3)(a) presents the shoreline environment regulations for the Natural environment designation. Staff Comment: The Natural environment designation states that one single-family residence may be allowed subject to the policies and regulations of this master program. JCC 18.25.500(4) presents development regulations for primary residences and property subdivision. The following addresses those regulations that are applicable to the application. Residential regulations not applicable to this proposal, such as cluster development, multi-story, multi-unit, and subdivision requirements, are not discussed. (a) Residential use and development shall be planned, designed, located, and operated to avoid adverse impacts on shoreline processes, aquatic habitat, biological functions, water quality, aesthetics, navigation, and neighboring uses. Staff Comment: The applicants are proposing residential development outside of the shoreline buffer. This proposal avoids impacts to the shoreline environment to the extent possible and is consistent with no net loss requirements in JCC 18.25.270. In addition, the applicants will be required to implement stormwater best management practices to minimize the potential for water quality degradation and erosion impacts during construction. (b) The buffer requirements in Article VI of this program apply to residences, normal appurtenances, and accessory dwelling units, except that docks, floats, and beach assess structures and other water- dependent and water-related structures accessory to residential use may be permitted to encroach into the buffer in accordance with the applicable provisions of this program. Accessory structures must be sited and designed to not require shoreline armoring within 100 years. Staff Comment: The existing residential structure will be constructed outside of the 150-foot shoreline buffer and 10-foot building setback. Accessory structures are not proposed. JCC 18.25.540 lists shoreline substantial development permit criteria: To be authorized, all uses and developments shall be planned and carried out in a manner that is consistent with this program and the policy of the Act as required by RCW 90.58.140(1), regardless of whether a shoreline permit, statement of exemption, shoreline variance, or shoreline conditional use permit is required. Staff Comment: The permitting process for residential structures in the Natural environment designation is shoreline conditional use (administrative). The application was reviewed against all applicable sections of the SMP. JCC 18.25.590(1) states the purpose of conditional use permits: The purpose of a conditional use permit is to allow greater flexibility in administering the use regulations of this program in a manner consistent with the policies of RCW 90.58.020. In authorizing a conditional use, special conditions may be attached to the permit by the county or the Department of Ecology to control any undesirable effects of the proposed use. Final authority for conditional use permit decisions rests with the Department of Ecology. SDP2023-00020 Rathvon Residence Page 7 of 9 Staff Comment: The permit has been conditioned to state that work on this proposal shall not begin until the applicant has received Ecology approval. JCC 18.25.590(2) states specifies criteria that must be met to issue a conditional use permit: Uses specifically classified or set forth in this program as conditional uses and unlisted uses may be authorized, provided the applicant/proponent can demonstrate all of the following: (a) That the proposed use will be consistent with the policies of RCW 90.58.020 and this program. Staff Comment: The proposal is consistent with RCW 90.58.020 and the SMP. (b) That the proposed use will not interfere with normal public use of public shorelines. Staff Comment: The proposal is located on private land and will not affect public use of shorelines. (c) That the proposed use of the site and design of the project will be compatible with other permitted uses within the area. Staff Comment: The proposal is consistent with adjacent residential uses. (d) That the proposed use will not cause adverse effects to the shoreline environment in which it is to be located. Staff Comment: Based on information submitted, no adverse effects to existing shoreline conditions would be expected. To minimize the potential for adverse effects, permit conditions have been added that require the applicant to construct the new structure consistent with application materials submitted as part of project permitting. (e) That the public interest suffers no substantial detrimental effect. Staff Comment: The scope of this permit is limited to construction of a new single-family residence, as shown on the approved site plan. Based on this, no substantial detrimental effects are expected. JCC 18.25.590(3) addresses cumulative impacts: In the granting of all conditional use permits, consideration shall be given to the cumulative environmental impact of additional requests for like actions in the area. For example, if conditional use permits were granted for other developments in the area where similar circumstances exist, the sum of the conditional uses and their impacts should also remain consistent with the policies of RCW 90.58.020 and should not produce a significant adverse effect to the shoreline ecological functions and processes or other users. Staff Comment: This portion of the shoreline is used for residential purposes and the proposal is consistent with other development in the area. The proposed development is allowed under the SMP, and the potential impacts for similar requests in the areas would be consistent with the polices of RCW 90.58.020. JCC 18.25.590(4) identifies limits to the shoreline permit: Permits and/or variances applied for or approved under county zoning or subdivision code requirements shall not be construed as shoreline variances under this program. Staff Comment: Not applicable to this application as no land use variance permits are needed. JCC 18.25.270 addresses critical areas, shoreline buffers, and ecological protection. Staff Comment: The proposal is consistent with all applicable policies and regulations, and all development has been proposed outside of the shoreline buffer. The proposal has been conditioned to require compliance with the stormwater plan and geotechnical recommendations. SDP2023-00020 Rathvon Residence Page 8 of 9 JCC 18.25.280 addresses historic, archaeological, cultural, scientific and educational resources. Staff Comment: DCD did not receive any comments indicating that the proposal has the potential to affect these resources so it is assumed to be consistent with this provision. JCC 18.25.290 addresses public access. Staff Comment: Not applicable - the proposal to construct a single-family residence does not require public access. JCC 18.25.300 addresses shoreline setbacks and height. Staff Comment: The existing residential structure is proposed outside of the shoreline buffer and building setback and will meet height requirements. JCC 18.25.310 addresses vegetation conservation. Staff Comment: Vegetation within the shoreline buffer will not be impacted by the proposal. An existing footpath may be used from the proposed house location to access the beach. The shoreline buffer will remain vegetated and the proposal is consistent with the vegetation conservation provisions in the SMP. JCC 18.25.320 addresses water quality and quantity. Staff Comment: The proposal is conditioned for compliance with the stormwater plan prepared for this project and the 2019 Stormwater Management Manual for Western Washington. Compliance with this manual is intended to minimize the potential for water quality impacts during construction and to ensure that construction materials are not transported to or placed in the waters or intertidal areas. RECOMMENDED CONDITIONS FOR SHORELINE PERMIT Based on the preceding findings, DCD recommends Approval of the conditional use application. Staff found the proposal to be consistent with applicable Code requirements and should be granted subject to conditions. Any of the staff recommended conditions of approval may be adopted, rejected, or modified by Ecology, who has final review and approval of shoreline conditional use applications. 1. This proposal requires final permitting approval from Washington Department of Ecology (Ecology). Construction shall not begin until Ecology has sent written authorization to proceed. 2. Substantial progress towards completion of the project shall be performed within two years of the issuance of the permit. 3. Work within the jurisdiction of the Shoreline Master Program other than as approved for this shoreline permit shall receive separate review by DCD. 4. A silt fence shall be installed 160 feet from the ordinary high water mark (OHWM), as shown on the approved site plan, to prevent sediments from being transported from the construction area to the shoreline. At the drainfield location, the silt fence shall be placed no closer than 150 feet from OHWM. The permittee shall contact DCD planning to review the silt fence installation prior to proceeding with any other work on the property. 5. The permittee shall ensure that all construction-related activities for the house, including ground clearing and stockpiling equipment, are conducted at least 160 feet from OHWM and that all ground disturbance to install the drainfield is conducted at least 150 feet from OHWM. 6. This shoreline permit is for construction of a new single-family residence and development on the subject property is limited to that shown on the approved site plan. 7. This permit does not authorize any modifications to the existing access road. It is the responsibility of the permittee to obtain any required permits. SDP2023-00020 Rathvon Residence Page 9 of 9 8. The permittee shall ensure that all development, including ground-disturbing activities, occurs outside the 50-foot buffer associated with an off-site stream. 9. The permittee shall comply with the 2019 Ecology Stormwater Management Manual for Western Washington and with the stormwater plan prepared by Evergreen Engineering Services (dated June 24, 2024). This includes, but is not limited to, compliance with the following Best Management Practices (BMPs) and stormwater requirements: a. BMP T5.10B – Downspout Dispersion Systems (for roof downspout flow); b. BMP T5.12 – Sheet Flow Dispersion (for driveways); c. BMP T5.13 – Post-construction Soil Quality and Depth (to restore disturbed areas; d. Exposed soils shall be stabilized; e. Pollutants (such as motor oil and construction debris) shall not be released or discharged; f. Temporary erosion and sedimentation control measures shall be routinely inspected and maintained; and g. Unnecessary ground disturbance is not allowed. 10. The permittee shall adhere to all conclusions and recommendations in the Geologic Hazard Assessment report (dated February 15, 2022) and Geologic Hazard Assessment Update (dated November 14, 2024), both of which were prepared by Stratum Group. This includes, but is not limited to: a. The single-family residence shall be constructed at least 30 feet from the top of the shoreline bluff; b. Stormwater shall not be discharged within 30 feet of the top of the shoreline bluff slope; c. Tree and cover vegetation removal is limited on the bluff and buffer; and d. Yard debris and waste shall not be placed on the bluff face or near any steep slope. 11. No fill or other materials may be placed in the waters or intertidal areas of Jefferson County. Prepared by Donna Frostholm, Project Planner on April 10, 2025.