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HomeMy WebLinkAbout1-AH - Land Use DecisionJEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street Port Townsend, WA 98368 Al Scalf, Director JEFFERSON COUNTY NOTICE OF TYPE I LAND USE DECISION August 17, 2011 The Jefferson County Administrator has submitted his written Findings, Conclusions, and DECISION regarding the following application: MLA11-00041 Applicant: MICHAEL D ANDERSON Parcel: 901112013 270 W MAUDE ST PORT HADLOCK WA 98339-9618 Project Description: Auto Wrecking Yard Project Location: Parcel 901 112 013, Section 11, Township 29, Range 1 W, WM, located at 890 Old Hadlock Rd, Port Hadlock 98339 For the above project, the Administrator has: Denied the Application A copy of the Administrator's report and decision is attached for information, Appeals of this decision must be made as outlined in the attached instruction sheet. Building Permits/ Inspections Development Review Division Long Range Planning (360) 379-4450 FAX: (360) 379-4451 JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT UNIFIED DEVELOPMENT CODE TYPE I LAND USE DECISION APPLICANT: MICHAEL D ANDERSON 270 W MAUDE ST PORT HADLOCK WA 98339-9618 DATE DENIAL ISSUED: August 17, 2011 MLA NUMBER: MLA 11-00041 PROJECT CONTACT: David Wayne Johnson PROJECT DESCRIPTION: The proposal is a request to permit an Automotive Repair and/or Auto Wrecking Yard use in a Rural Residential Zone. PROJECT LOCATION: Parcel 901 112 013, Section 11, Township 29, Range 1W, WM, located at 890 Old Hadlock Rd, Port Hadlock 98339, the subject property, or "SP." SUMMARY OF DECISION: Request Denied FINDINGS: l . The application was reviewed by the Jefferson County Department of Community Development staff on June11, 2011 for the potential presence of Environmentally Sensitive Areas (ESAs) under the provisions of the Unified Development Code (UDC). After an initial Geographic Information Systems mapping review and an investigative site inspection, the following ESAs were confirmed to be present on the subject property: + Conservancy Shoreline Designation (Chimacum Creek) • Type "F" Stream ■ Wetlands ■ Seismic Zone • Flood Zone A • SARPA - Special Aquifer Recharge Protection Areas 2. Aquifer Recharge Areas, such as that located at the SP, are characterized by porous geological formations that allow percolation of the surface water into the soils and the underlying zone of saturation. Aquifers are geologic formations that contain sufficient saturated permeable material to yield significant quantities of water to wells and springs. Aquifers serve as the source of drinking water within most of the rural portions of Jefferson County. Page 1 of 3 Anderson Wrecking Yard — MLA11-00041 3. Critical Aquifer Recharge Areas are defined in part as Seawater Intrusion Areas, and Special Aquifer Recharge Protection Areas are subject to the applicable requirements and standards Title 18 of the Jefferson County Code. 4. Geologically Hazardous Areas, such as the Seismic Zone at the SP, are characterized by slope, soil type, geologic material, and groundwater that may combine to create problems with slope stability, erosion, and water quality during and after construction or during natural events such as earthquakes or severe rainstorms. 5. A Type "F" Stream (Fish and Wildlife Habitat Conservation Area) has been identified on the subject property. Such a stream will require a buffer of 150-feet. The buffer shall be measured horizontally from the Ordinary High Water Mark (OHWM). Fish and Wildlife Habitat Areas shall also have Buffers and Building Setbacks established. 6. Stream & Wetland Buffers are areas that shall be maintained in their natural condition; however, minor pruning or alteration of vegetation may be permitted as long as the function and character of the buffer are not diminished. 7. Wetlands are present at the SP, but have not been delineated. 8. The parcel has been designated as Rural Residential 1:20 under the Jefferson County Comprehensive Land Use Map effective August 28, 1998. 9. The proposal is a request to permit an Automotive Repair and/or Auto Wrecking Yard use in a Rural Residential Zone. CONCLUSIONS: 1. The Auto Wrecking Yard proposed for the SP is not "grandfathered" as against the current development regulations of the County because of the "Order for Partial Summary Judgment" entered on March 9, 2011 in Jefferson County Superior Court case 06-2-00348-8, a civil case involving the County, the Subject Property, the applicant's current use of the Subject Property and the applicant. 2. That same court case prohibits the Applicant from undertaking at the Subject Property any scrapping of metal or auto wrecking activities. 3. This prohibition is permanent rather than temporary in nature and would prohibit the proposed use until such time as it was reversed or rescinded by the Superior Court. 4. Because the auto wrecking yard use is not grandfathered all current development regulations of the County, codified primarily at Title 18 JCC, are applicable to the proposal submitted by the Applicant. 5. The proposed use (automotive repair and/or wrecking yard) is a use that is prohibited in all Rural Residential Zones per JCC §18.15.040, Table 3-1 and the Subject Property is designated Rural Residential 1:20, one dwelling unit per 20 acres. 6. In sum, the proposed use is neither a prior, legal, non -conforming use that would not be subject to current development regulations nor a lawful use under the current development regulations. Page 2 of 3 Anderson Wrecking Yard — MLA I 1-00041 APPEALS: Pursuant to RCW 36.70C, the applicant or any aggrieved party may appeal this final decision to Jefferson County Superior Court within twenty-one (21) calendar days of the date of issuance of this land use decision. For more information related to judicial appeals see JCC 18.40.340. ie loskins, UDC Administrator Page 3 of 3 Anderson Wrecking Yard — MLA 11-00041 Judicial Appeals; a, Time to File Judicial Appeal. The applicant or any aggrieved party may appeal from the final decision of the Administrator, Hearing Examiner, Appellate Hearing Examiner or any other final decisions as specifically authorized to the Jefferson County Superior Court within twenty-one (21) calendar days of the date of the issuance of the land use decision, as defined by the Land Use Petition Act, Chapter 36.70C.040(4), unless another time period is established by superseding state law or local ordinance. All appellants must timely exhaust all administrative remedies prior to filing a judicial appeal. b. Service of Appeal. Notice of appeal and any other pleadings required to be filed with the court shall be served by delivery to the County Auditor (see RCW 4.28.080), and all persons identified in RCW 36.70C.040, within the applicable time period. This requirement is jurisdictional. c. Cost of Appeal. The appellant shall be responsible for the cost of transcribing and preparing all records ordered certified by the court or desired by the appellant for the appeal. Prior to the preparation of any records, the appellant shall post an advance fee deposit in an amount specified by the County Auditor with the County Auditor. Any overage will be promptly returned to the appellant. d. Land Use Petition Act. The Land Use Petition Act, 36.70C RCW shall govern judicial review of land use decisions.