HomeMy WebLinkAbout112414_ca02JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT REQUEST
TO: Board of County Commissioners (BoCC)
Philip Morley, County Administrator
FROM: Carl Smith, Director of Community Develo ment DCD) C
David Wayne Johnson, Associate Planner
Tim Woolett, Assistant Planner j"-^
DATE: November 24, 2014
SUBJECT: Final Plat for Ludlow Cove II Subdivision (PLA)
SUB07 -0003 8/MLA07 -00593
STATEMENT OF ISSUE: Port Ludlow Associates is submitting a Mylar for BoCC final approval
and signing of the Ludlow Cove 11 42 Lot Subdivision — SUB07- 00038 /MLA07- 00593.
ATTACHMENTS:
• Jefferson County Hearing Examiner's Report and Decision - Written Findings and Conclusions
for Administrative Summary Decision
• Final SEPA Mitigated Determination of Non - significance
• Type III Land Use Approval — SUB07- 00038/MLA07 -00593
• Final Plat Report — Compliance with Conditions
• Mylar ready for BoCC signing
ANALYSIS: Staff has determined that the application as submitted on October 24, 2007 meets the
required criteria of Article IV Long Subdivisions JCC 18.35 as addressed in written Findings and
Conclusions for Administrative Summary Decision and Preliminary Plat Approval SUB07- 00038.
Written Findings and Conclusions are required per RCW 58.17.195 which state in part that a county
makes a formal written finding of fact that the proposed Subdivision is in conformity with applicable
zoning ordinance or other land use controls which may exist. The attached Final Plat Report confirms
compliance with the conditions of approval under SUB07- 00038.
ALTERNATIVES: The requested action is mandatory per RCW 58.17.170 and Chapter 18.35 JCC.
FISCAL IMPACT /COST BENEFIT ANALYSIS: The Port Ludlow Fire District (Jefferson
County No. 3) will receive $193.00 per lot for a total of $8,106.00, There are no other identifiable fiscal
impacts or benefits related to this request for final plat approval.
RECOMMENDATION: Per Jefferson County Ordinance and State Law, DCD requests that the
BoCC grant final plat approval by adopting the written findings and conclusions and sign the final Mylar
REVIEWED BY:
Philip Morfey, County A& nistratgE —� /
PROPONENTS:
%JEFFERSON COUNTY
DEPAIRTMEN"I" OFCOMMUNITY DEVELOPMENT
621 Sheridari Street
Port _1'6wnserid, WA 98368
At Scal Directior
FINAL
MITIGATED DETERMINATION OF NON-SIGNIFICANCE
REPRESENTATIVE:
APPLICATION:
AND LEAD AGENCY STATUS
August 5, 2008
Port Ludlow Associates
70 Breaker Lane
Port Ludlow, WA 98365
Miriam Villiard, Project Manger
MLA07-00593 (SUB07-00038/SDP07-00075)
PROPOSAL: 'The proposal is to subdivid& Ludlow Cove Division 1, Phase 1, Tract E to encompass 42
single-family residential lots on 14.66 acres to be known as Ludlow Cove Division IT. The Lots will average
6,106 square feet and will be served by the Olympic Water and Sewer System and include 7.7 acres of open
space and a Native Growth Protection Easement. Vehicular access to Ludlow Cove 11 will be provided via
one access from Paradise Bay Road. The Picnic Point pedestrian trail will be extended through the project
site, along the northern portion of the loop road, to a connection with the Around the Bay Trail at Paradise
Bay Road. The proposed project does not include any work below the Ordinary High Water Mark of Port
Ludlow Bay. One storm drainage outfall will be constructed at the edge of the stream buffer and one at the
edge of the shoreline buffer. An existing, Category 11 Wetland and Type 3 Stream, together with their
associated buffers, will be located in a Native Growth Protection Easement (NGPE) which was approved
and established under the Ludlow Cove Division I subdivision. The proposal requires a Type III Long Plat
Subdivision (SUB07-00038) and a Type 11 Shoreline Substantial Development permit (SDP07-00075) for a
Primary Use (residential development) in an Urban Shoreline designation. These permits require public
notice, a public hearing and environmental review under SEPA (State Environmental Policy Act) utilizing
the optional DNS process WAC 197 -11 -355..
LOCATION OF PROPOSAL: The site is located on the east side of Paradise Bay Road opposite the
intersection of Breaker Lane and Paradise Bay Road on Port Ludlow Bay, within the Port Ludlow Master
Planner Resort (MPR), Jefferson County.
Buildina Perrnits/ InSDeCti0l"IS
1+ LA07-00593
Ludlow Cove Division 11
Page I of 4
Development Review QMslorl
I., ng-B, lanning
_.0 , wE' 1— 11-1 —1
(360) 3-79-4450 F/ ,)<: (360)379-4,451
LEGAL DESCRIPTION: Parcel Number 968 800 102, Ludlow Cove Division 1, Phase 1, Tract E Future
Phase, Section 17, Township 28, Range I E, WNI, Located at 193 Paradise Bay Road, Port Ludlow, WA 98365
DOCUMENTS INCORPORATED BY REFERENCE:
The following documents have been incorporated by reference for purposes of this review per WAC 197-11 -
635:.
1, Ike ark —.Kk2jpc� Engineeriqg- Services — Subsurface Investi ation - Proposed Ludlow Cove
_ L
Develomeiqt —Port�Lqdlow. Washington, dated March 22, 1.995 by Geoengineers (Log item 43). The
Report describes geological site conditions and makes recommendations for site development.
Wetland Assessment — Ludlow Cove Property - Jefferson Coun dated June 23, 1.997
by Raedeke Associates, Inc. (Log item 45) The Assessment delineates the subject property for the
presence of wetlands and has been confirmed to be currently accurate by Jefferson County Staff
Biologist Donna Frostholm in 2008.
3, l-Iabitat.A1APAgqmg!9..PIan — Ludlow Cove Residential Devetqpment — Port I..,udlow, WashjnL4,Q , dated
May 9, 2003 by Geoengineers (Log item 45). The Habitat Management Plan describes the current
conditions of the site, possible wildlife use based upon vegetation and outlines separate treatment areas
and prescriptive throughout the wetland buffer and shoreline areas.
4. Ludlow Cove Archaeolo',ical Resources and Traditional Cultural Places Assesst unL_ Jefferson
Counter Washj i oil, dated May 13, 2003 (Log item 47). The Archaeological Assessment is a
complete final archaeological report with recommended conditions of development including
identifying shell midden boundaries prior to earth moving activities.
5. Landsc_PJan Ludlow Cove Residential Development Port Ludlow File No.
10622- 001. -00, dated July 24, 2003 (Log, item 46). The Landscaping Plan includes definition of critical
areas and their buffers, areas of open space, critical area enhancement and restoration, a beach picnic
area and new and existing trails, and planting plans.
6. Final Environmental IrnDact Statement, Port Ludlow Development Program, dated April 1993,
available at the DCD offices, 621 Sheridan St, Port Townsend, WA 98368, The Final EIS covers the
phased development of Port I..,udlow.
73TOREVEDMILBASM-41
I . The applicant shall conform to the recommendations contained in the documents that have been
incorporated by reference above.
1 Prior to final plat approval, the applicant shall schedule a conference and site visit with County
Staff to confirm that recommendations contained in the documents that have been incorporated
by reference above have been implemented.
3. To mitigate potential impacts to critical areas (shoreline, wetlands, streams) buffer perimeters
shall be marked with temporary orange barrier fencing with signs attached stating, "Critical area
buffer — do not remove or alter native vegetation."
err A07-00593
Ludlow Cove Divimon H
Page 2 of 4
U
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4, Once construction is completed, permanent physical separations along all critical area buffers
shall be installed and permanently maintained. Such separation may consist of logs, a tree or
hedge row, or other prominent physical marking approved by the Administrator.
5. A notice to title shall be recorded with the Auditor consistent with the requirements of Section
10.506(3) of the Jefferson County Interim Critical Area Ordinance, The applicant may choose
to dedicate the buffers through a conservation easement (NGPE) or deed restriction that shall be
recorded with the Jefferson County Auditor. Such forms, however, must be reviewed and
approved by the County Prosecuting Attorney's Office prior to recording.
6. The applicant shall submit Conditions, Covenants and Restrictions to limit use activities;
prevent vegetation removal, dredging or filling, the application of pesticides, herbicides and
fungicides in wetlands, streams and their buffers to the Jefferson County DC D for review prior
to final plat approval.
7. No vegetation shall be removed from any critical area without prior review and approval from
Jefferson County DCD.
8. Hours of construction activity shall be limited to 7:00 am to 6:00 pm Monday thru Friday and
8:00 am to 5:00 pm on Saturdays.
9. Consistent with the Archaeological Resources Assessment, the shell midden boundary line shall
be staked out on the ground by a qualified archaeologist prior to any earth disturbing activities.
10. Prior to final plat approval, the applicant shall pay to the Jefferson County Fire Protection
District No. 3 $193.00 per unit to be applied toward provision of Fire and Emergency Services.
11, The applicant shall obtain a Hydraulic Project Approval (HPA) from the Department of Fish &
Wildlife for any discharge of stormwater into waters of the state.
12. Erosion control measures must be in place prior to any clearing, grading or construction. These
control measures must be effective to prevent soil from being carried into surface water by
!stormwater runoff, Sand, silt, clay particles, and soil will damage aquatic habitat and are
considered pollutants when discharged to waters of the state.
13. Any discharge of sediment -laden runoff or other pollutants to waters of the state is in violation
of Chapter 90.48, Water Pollution Control, and WAC 173-201 A, Water Quality Standards for
Surface Waters of the State of Washington, and is subject to enforcement action.
14. During construction, all releases of oils, hydraulic fluids, fuels, other petroleum products, paints,
solvents, and other deleterious materials must be contained and removed in a manner that will
prevent their discharge to waters and soils of the state. The cleanup of spills should take
precedence over other work on the site,
15. Proper disposal of construction debris must be on land in such a manner that debris cannot enter
the Port I.,udlow Bay, Class If Wetlands and'"I'ype 3 stream or cause water quality degradation of
state waters..
16. Coverage under the National Pollution Discharge Elimination System (NPDES) and State Waste
Discharge General Permit for Stormwater Discharges Associated with Construction Activities is
required for construction sites which disturb an area or one acre or more and which have or will
have a discharge of stormwater to surface water or a storm sewer. Contact Joyce Smith at (360 -
407 -6858) for an application form.
NOTICE OF LEAD AGENCY: Jefferson County has deten-nined that it is the lead agency for the above-
described proposal.
MLA07-00593
I.Alow Cove Division 11
Page 3 of 4
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Page
NOTICE OF NON-SIGNIFICANCE: Jefferson County has determined that the above described proposal,
conducted in conformance with the applicable Jefferson County Codes and Ordinances, would not have a
probable significant adverse impact on the environment, and an environmental impact statement is not required
under RCW 43.21 C. 30(2)(c). This decision was made after review of a completed environmental checklist
and other information on file with the Jefferson County Development Review Division and an inspection of the
site.
COMMENT PERIOD: This final determination is issued pursuant WAC 197-11-340(2)(f). Jefferson
County has considered comments on its preliminary determination of nonsignificance. There is no additional
comment period.
APPEAL PERIOD: Any appeal of this determination on the basis of noncompliance with the provisions of
Chapter 43.2le RCW (State Environmental Policy Act) must be submitted in writing before 4:3O PM,
Tuesday, August 19, 2008 to the Jefferson County Development Review Division (Jefferson County Permit
Center, 621 Sheridan Avenue, Port 'Townsend, WA 98368) for consideration by the Jefferson County Hearing
Examiner. /--)
odq�
. ......... . ....... . . . ... .. ............. .... ---- ---- ---
Al Scalf, Director, for Stacie Hosk' s, SE A Responsible Official D /e
hr LA07-00593
Ludlow Cove Division 11
Page 4 of 4
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JEFFERSOA C01111tl�__
UNIFIED DEVELOPMENT CODE
11111111-61,PE N L,4, VD USE PETI-TIT
APPLICANT: PORT LUDLOW ASSOCIATES LLC
70 BREAKER LN
PORT LUDLOW WA 983659766
DATE ISSUED:
DATE EXPIRES:
11 'r/
PROJECT PLANNER: David Vvbyne Johnson
PROJECT DESCRIPTION'
The proposed project is construction of a 42 lot single family subdivision within the development known as Ludlow
Cove.
The proposal is to subdivide Ludlow Cove Division 1, Phase 1, Tract E to encompass 42 single-family residential lots
on 14.66 acres to be known as Ludlow Cove Division 11. The Lots will average 6,106 square feet and will be served by
the Olympic Water and Sewer System and include 7.7 acres of open space and a Native Growth Protection
Easement. Vehicular access to Ludlow Cove 11 will be provided via one access from Paradise Bay Road. The Picnic
Point pedestrian trail will be extended through the project site, along the northern portion of the loop road, to a
connection with the Around the Bay Trail at Paradise Bay Road. The proposed project does not include any work
below the Ordinary High Water Mark of Port Ludlow Bay. One storm drainage outfall will be constructed at the edge of
the stream buffer and one at the edge of the shoreline buffer. An existing Category 11 Welland and Type 3 Stream,
together with their associated buffers, will be located in a Native Growth Protection Easement (NGPE) which was
approved and established under the Ludlow Cove Division I subdivision. The proposal requires a Type B Long Plat
Subdivision (SU B07-00038) and a Type A Shoreline Substantial Development permit (SDP07-00075) for a Primary
Use (residential development) in an Urban Shoreline designation. These permits require public notice, a public
hearing and environmental review under SEPA (State Environmental Policy Act) utilizing the optional DNS process
WAC 197-11-355.
PROJECT LOCATION:
Parcel Number 968 800 102, Ludlow Cove Division 1, Phase 1, Tract E Future Phase, Section 17, Township 28, Range
1 E, WM, Located at 193 Paradise Bay Road, Port Ludlow, WA 98365
CONDITIONS:
1 1. The SEPA conditions described in the Mitigated Determination of Non-significance issued August 5, 2008
(Log item 50) are incorporated into these recommended conditions of approval.
2, A revised plat map shall be submitted prior to final approval correcting and depicting the following:
• Proposed lots that are not less than 5,000 square feet in size.
• NGPE Tract A
• Designation: Master Planned Resort - Urban Shoreline Designation
• The Type 5 Stream shall be a Type 3
3. The conditions recommended by the Jefferson County Department of Public Works on pages 4, 5 and 6 of
their memo dated November 30, 2007 (Log item 37) are incorporated into these recommended conditions of
approval.
4. The final plat shall contain "Notice to Purchasers" consistent with those depicted on the Ludlow Cove
Division I subdivision SUB95-00003.
5. Based on the requirements of Section 6.303 of the Subdivison Ordinance, all easements for the purpose of
ingress and egress, and/or utility installation and maintenance, shall be established by recording a separate
instrument, or by declaration of easement dedication and shall be referenced and graphically portrayed on the
face of the plat. All easements of record shall be shown on the final plat with the Audit i,r's File "umber (AFN) of
V f
-`7 O
the easement(s) also referenced on the final plat. Required easements for utility installation and maintenance
shall conform to the standards of Subsection 6.303 of the Subdivision Ordinance. All utility easements shall be
made by a separate recorded easement, declaration of easements, or dedication of easements, and by graphic
portrayal on the final long plat Mylar.
6. The subdivision roads shall be constructed in substantial conformance with the design shown on the plat
map submitted October 24, 200T
7. Prior to commencing construction of roads on the site, the applicant shall submit road, and drainage plans to
the Public Works Department for review and approval. The roads shall be designed and constructed in
conformance with Public Works Department standards including the guidelines of the American Association of
State Highway and Transportation Officials (AASHTO) and the standards of the Washington State Department
of Transportation (WSDOT) Highway Design and Hydraulics Manuals.
8. The easement dedicated for the 8 feet wide parallel utility easements shall state that they may be used to
maintain and repair the access road and that no structures shall be located in the easements that would impair
their function as the roadway clear zone.
9. Prior to final plat approval, the proponent shall provide certification to the Public Works Department from the
project engineer that the roads have been constructed as per approved plans.
10. The proponent shall obtain a Road Approach Permit from the Public Works Department for access on to
Paradise Bay Road. The approach shall be constructed to the standards set forth in the permit.
11. The proponent shall establish an agreement for the continued maintenance of the subdivision roads by
recording a Road Maintenance Agreement with the Jefferson County Auditor and referencing the Agreement on
the final plat. Prior to final plat approval, the proponent shall submit the Agreement to the Public Works
Department for review,
12. Prior to final plat approval, the applicant shall submit a sign plan for review by the Public Works
Department. Once approved, the applicant shall implement the sign plan prior to final plat approval.
13. Based on the requirements of the Subdivision Ordinance (Section 6.404) and RCW 58.17.280, addresses
shall be assigned to all lots. Addresses may be shown on the final plat or may be applied for at the time of
building permit application. Address plates for the lots shall be located in accordance with the provisions of the
Jefferson County 911 Emergency Locator System Ordinance.
14, Based on the requirements of Section 6.404 Subdivision Ordinance, the roads serving the subdivision shall
be named, and the name of the road shall be shown on the final plat. It is required that the applicant consult the
Department of Public Works and fire and emergency response providers in reference to signing and when
selecting a name to avoid duplication of an existing road name.
15. Based on the requirements of Section 6.404 Subdivision Ordinance, all street signs, traffic signs, and traffic
striping shall be installed prior to final plat approval.
16. A Storm Water Site Plan that includes a Large Parcel Erosion Control Plan and a Permanent Stormwater
Quality Control Plan shall be submitted to the Jefferson County Department of Public Works for review and
approval prior to commencing land disturbing activity. The Stormwater Site Plan shall apply Minimum
Requirements # I through 11 from the Washington Department of Ecology Stormwater Management Manual for
the Puget Sound Basin.
17. The proponent shall submit the Stormwater Site Plan to the Port Ludlow Drainage District for review and
comment. The Public Works Department will consider the District's comments and incorporate them into the
Site Plan as appropriate to meet the standards of the Stormwater Management Manual.
18, The applicant shall provide documentation from the designing engineer that erosion control practices
including storm water quality control were fully implemented during the construction phase, in accordance with
the Department of Public Works approved plans. The documentation shall be submitted prior to final plat
approval and will include copies of reports from all monitoring during construction.
19. In order to meet the requirements of the Washington Department of Ecology Stormwater Management
Manual for the Puget Sound Basin and to ensure that the approved stormwater manage m Fr�,t-�ojl it q function
c
appropriately for the life of the project, the proponent shall either:
• Enter into a Storm water IManagemeint. Facility Maintenance Agreement with Jefferson County or,
• Enter into an agreement with the Port Ludlow Drainage District to allow the District to enter the property and,
as appropriate, inspect, operate, maintain, repair, and replace the stormwater management facilities and
declare the agreement and necessary easements on the final plat.
20, After construction is complete, the proponent shall submit a letter from the project engineer certifying that
the stormwater management facilities have been constructed as per the approved plans. The Department
cannot give final approval for the project until this certification has been received.
21. If no development of the lots is proposed at this time, the applicant shall state under "Notice to Potential
Purchasers":
"Prior to the commencement of any land disturbing activities and prior to issuance of a building permit, a Small
Parcel Erosion and Sediment Control Plan shall be developed to the standards of the Jefferson County
Stormwater Management Ordinance and be submitted to the Department of Community Development for
review and approval. Temporary erosion control Best Management Practices shall be approved by the
Department of Community Development and implemented at all times, during land disturbing activities,"
22, Construction of roads and storm water facilities and/or site disturbing activities requires that the applicant
submit plans in accordance with the Department of Public Work's plan review schedule, and, the applicant shall
notify the Department of Public Works during various phases of construction in accordance with the
department's inspection schedule. Typically the following inspections are required:
* Installation of temporary erosion and sediment control measures;
"Clearing and road subgrade preparation;
* Application of gravel base;
Application of compacted crushed surfacing top course;
Construction of storm water management facilities,
Paving;
Final plat review.
Additional inspections may be necessary based on site-specific conditions or the nature of the project.
Temporary erosion control methods for construction purposes (roads, facilities) shall be approved by the
Department of Public Works and employed during construction. A set of approved plans shall be on site at all
times during construction,
23. Water main extensions and water system improvements that may be required to service the development
shall be installed prior to final plat approval. Extensions and improvements shall be in conformance with the
Ludlow Water System Plan, The Jefferson County Coordinated Water System Plan and shall include
acknowledgment from Olympic Water and Sewer that water main extensions have been certified in accordance
with the provisions of Chapter 246-290-110(2) WAC.
24. Prior to final plat approval, documentation shall be submitted from Olympic Water and Sewer confirming and
sewer systems have been constructed in accordance with applicable state and local standards.
25. Performance surety may be posted in lieu of completion of construction as provided Iby 6.60, Jefferson
County Subdivision Ordinance. The applicant may enter into a surety agreement with the Department of Public
Works as an alternative to complete installation of required improvements prior to final plat approval. The
surety may not exceed one (1) year, and must be in a form acceptable to the County Prosecutor. Acceptable
examples of sureties are available from the Department of Public Works. All sureties must be accompanied by
an estimate of the cost of all improvements, and the estimate must be approved by the Department of Public
Works prior to acceptance of surety.
26. Prior to final plat approval, the applicant shall provide written evidence from Fire Protection District # 3 and
the Jefferson County Consulting Fire Code Inspector (Tom Aumock), that the final design and construction of
the long plat will be in compliance with the applicable provisions of the International Fire Code, and the
recommendations of the Fire District which are consistent with State law.
27. The applicant shall arrange for the inspection of all required improvements with the Department of Public
Works, the Planning Department, or Health Department, whichever is responsible. Inspections shall be
requested by the applicant at such stages as indicated by the appropriate department.
28. In accordance with the applicable fee ordinance, the applicant shall pay all costs of work in i qntal �q,,,
. ... ..... ... . . .... . �, ..... ... . .. . .. _,", ......
... . .... . 1,
approval of the subdivision before final approval is granted,
29. The proponent shall submit a blue line copy of the final plat and lot closure information prepared by a
licensed surveyor to the Department for review. The proponent shall make any corrections or additions
prior to final approval. After lot closures are approved, by the Department final fees will be calculated and
submitted tothe applicant for payment.
30. Upon certification that all conditions have been met, the applicant shall submit a final Mylair of the plat
to the Department of Public Works at least three days in advance of approval by the Director of Public
Works.
31. Prior to final plat approval, the applicant shall document that the proposal meets the requirements of
Appendix D, Final Long Plat Checklist.
32. The applicant shall comply with all mitigation measures of the Final Mitigated Determination of Non-
Significance issued by the Jefferson County SEPA Responsible Official on August 5, 2008 for the
proposed plat of Ludlow Cove Division II.
FINDINGS:
1.} The Administrator finds that this application complies with applicable provisions of the Unified
Development Code, all other applicable ordinances and regulations, and is consistent with the Jefferson
County Comprehensive Plan and Land Use map.
2.) See Staff Report dated August 25, 2008 and Hearing Examiner Decision dated September 10, 2008
for findings of fact.
NOTICE. This permit does not excuse the proponent from complying with other local, state, and federal ordinances, regulations, or
statutes applicable to the proposed development.
Development pursuant to this permit shall be undertaken subject to the applicable development and performance standards of the
Jefferson County Unified Development Code,.
If during excavation or development of the site an area of potential archaeological significance is uncovered, all activity in the
immediate area shall be halted, and the Administrator shall be notified at once.
The Federal Endangered Species Act rules to protect threatened Chinook and Summer-run Chum salmon became effective on
January 8, 2001, Bull trout have been listed as threatened since early 2000. Under the ESA, any person may bring lawsuit against
any individual or agency that "takes" listed species (defined as causing harm, harassing, or damaging habitat for the listed species)
In addition, the National Marine Fisheries Service can levy penalties. All areas in Jefferson County are included as "critical habitat'
for a listed species. Development of property along any marine shoreline, freshwater shoreline, or floodplains could harm habitat if
protective measures are not taken. To minimize the potential to damage habitat, all property owners developing adjacent to marine
shoreline, freshwater shoreline, or floodplains are advised to do the following
- Set back buildings, utilities and roads as far as possible from surface waters (streams, rivers, Iakes, marine waters), or at least 150
feet from the edge of the water
All development activities should avoid unstable slopes, wetlands, and forested areas near surface waters
Remove minimal vegetation for site development, especially large trees
Allow trees that have fallen into surface waters to remain there
Infiltrate stormwater from buildings and driveways onsite through drywells rather than discharging directly into surface waters or
roadside ditches
Any individual, group, or agency can bring suit for a listed species "taking " even if you are in compliance with Jefferson County
development codes. The risk of a lawsuit against you can be reduced by consulting with a professional fisheries habitat biologist,
and following the recommendations for site development provided by the biologist. For more information, contact the National
Marine Fisheries Service in Seattle at (206)526-6613, or the U.S. Fish and Wildlife Service at (503) 231-6121.
APPEALS.
Pursuant to RCW 36,700, the applicant or any aggrieved party may appeal this final decision to Superior Court within twenty-one
(21) calendar days of the date of issuance of this land use decision. For more information on Judicial Appeals refer to JCC
18,40.340
Administrator DVX
MLA07 -00593
4 of 4
H,
Ir L�,
JEFFERSOA C01111tl�__
UNIFIED DEVELOPMENT CODE
11111111-61,PE N L,4, VD USE PETI-TIT
APPLICANT: PORT LUDLOW ASSOCIATES LLC
70 BREAKER LN
PORT LUDLOW WA 983659766
DATE ISSUED:
DATE EXPIRES:
11 'r/
PROJECT PLANNER: David Vvbyne Johnson
PROJECT DESCRIPTION'
The proposed project is construction of a 42 lot single family subdivision within the development known as Ludlow
Cove.
The proposal is to subdivide Ludlow Cove Division 1, Phase 1, Tract E to encompass 42 single-family residential lots
on 14.66 acres to be known as Ludlow Cove Division 11. The Lots will average 6,106 square feet and will be served by
the Olympic Water and Sewer System and include 7.7 acres of open space and a Native Growth Protection
Easement. Vehicular access to Ludlow Cove 11 will be provided via one access from Paradise Bay Road. The Picnic
Point pedestrian trail will be extended through the project site, along the northern portion of the loop road, to a
connection with the Around the Bay Trail at Paradise Bay Road. The proposed project does not include any work
below the Ordinary High Water Mark of Port Ludlow Bay. One storm drainage outfall will be constructed at the edge of
the stream buffer and one at the edge of the shoreline buffer. An existing Category 11 Welland and Type 3 Stream,
together with their associated buffers, will be located in a Native Growth Protection Easement (NGPE) which was
approved and established under the Ludlow Cove Division I subdivision. The proposal requires a Type B Long Plat
Subdivision (SU B07-00038) and a Type A Shoreline Substantial Development permit (SDP07-00075) for a Primary
Use (residential development) in an Urban Shoreline designation. These permits require public notice, a public
hearing and environmental review under SEPA (State Environmental Policy Act) utilizing the optional DNS process
WAC 197-11-355.
PROJECT LOCATION:
Parcel Number 968 800 102, Ludlow Cove Division 1, Phase 1, Tract E Future Phase, Section 17, Township 28, Range
1 E, WM, Located at 193 Paradise Bay Road, Port Ludlow, WA 98365
CONDITIONS:
1 1. The SEPA conditions described in the Mitigated Determination of Non-significance issued August 5, 2008
(Log item 50) are incorporated into these recommended conditions of approval.
2, A revised plat map shall be submitted prior to final approval correcting and depicting the following:
• Proposed lots that are not less than 5,000 square feet in size.
• NGPE Tract A
• Designation: Master Planned Resort - Urban Shoreline Designation
• The Type 5 Stream shall be a Type 3
3. The conditions recommended by the Jefferson County Department of Public Works on pages 4, 5 and 6 of
their memo dated November 30, 2007 (Log item 37) are incorporated into these recommended conditions of
approval.
4. The final plat shall contain "Notice to Purchasers" consistent with those depicted on the Ludlow Cove
Division I subdivision SUB95-00003.
5. Based on the requirements of Section 6.303 of the Subdivison Ordinance, all easements for the purpose of
ingress and egress, and/or utility installation and maintenance, shall be established by recording a separate
instrument, or by declaration of easement dedication and shall be referenced and graphically portrayed on the
face of the plat. All easements of record shall be shown on the final plat with the Audit i,r's File "umber (AFN) of
V f
-`7 O
the easement(s) also referenced on the final plat. Required easements for utility installation and maintenance
shall conform to the standards of Subsection 6.303 of the Subdivision Ordinance. All utility easements shall be
made by a separate recorded easement, declaration of easements, or dedication of easements, and by graphic
portrayal on the final long plat Mylar.
6. The subdivision roads shall be constructed in substantial conformance with the design shown on the plat
map submitted October 24, 200T
7. Prior to commencing construction of roads on the site, the applicant shall submit road, and drainage plans to
the Public Works Department for review and approval. The roads shall be designed and constructed in
conformance with Public Works Department standards including the guidelines of the American Association of
State Highway and Transportation Officials (AASHTO) and the standards of the Washington State Department
of Transportation (WSDOT) Highway Design and Hydraulics Manuals.
8. The easement dedicated for the 8 feet wide parallel utility easements shall state that they may be used to
maintain and repair the access road and that no structures shall be located in the easements that would impair
their function as the roadway clear zone.
9. Prior to final plat approval, the proponent shall provide certification to the Public Works Department from the
project engineer that the roads have been constructed as per approved plans.
10. The proponent shall obtain a Road Approach Permit from the Public Works Department for access on to
Paradise Bay Road. The approach shall be constructed to the standards set forth in the permit.
11. The proponent shall establish an agreement for the continued maintenance of the subdivision roads by
recording a Road Maintenance Agreement with the Jefferson County Auditor and referencing the Agreement on
the final plat. Prior to final plat approval, the proponent shall submit the Agreement to the Public Works
Department for review,
12. Prior to final plat approval, the applicant shall submit a sign plan for review by the Public Works
Department. Once approved, the applicant shall implement the sign plan prior to final plat approval.
13. Based on the requirements of the Subdivision Ordinance (Section 6.404) and RCW 58.17.280, addresses
shall be assigned to all lots. Addresses may be shown on the final plat or may be applied for at the time of
building permit application. Address plates for the lots shall be located in accordance with the provisions of the
Jefferson County 911 Emergency Locator System Ordinance.
14, Based on the requirements of Section 6.404 Subdivision Ordinance, the roads serving the subdivision shall
be named, and the name of the road shall be shown on the final plat. It is required that the applicant consult the
Department of Public Works and fire and emergency response providers in reference to signing and when
selecting a name to avoid duplication of an existing road name.
15. Based on the requirements of Section 6.404 Subdivision Ordinance, all street signs, traffic signs, and traffic
striping shall be installed prior to final plat approval.
16. A Storm Water Site Plan that includes a Large Parcel Erosion Control Plan and a Permanent Stormwater
Quality Control Plan shall be submitted to the Jefferson County Department of Public Works for review and
approval prior to commencing land disturbing activity. The Stormwater Site Plan shall apply Minimum
Requirements # I through 11 from the Washington Department of Ecology Stormwater Management Manual for
the Puget Sound Basin.
17. The proponent shall submit the Stormwater Site Plan to the Port Ludlow Drainage District for review and
comment. The Public Works Department will consider the District's comments and incorporate them into the
Site Plan as appropriate to meet the standards of the Stormwater Management Manual.
18, The applicant shall provide documentation from the designing engineer that erosion control practices
including storm water quality control were fully implemented during the construction phase, in accordance with
the Department of Public Works approved plans. The documentation shall be submitted prior to final plat
approval and will include copies of reports from all monitoring during construction.
19. In order to meet the requirements of the Washington Department of Ecology Stormwater Management
Manual for the Puget Sound Basin and to ensure that the approved stormwater manage m Fr�,t-�ojl it q function
c
appropriately for the life of the project, the proponent shall either:
• Enter into a Storm water IManagemeint. Facility Maintenance Agreement with Jefferson County or,
• Enter into an agreement with the Port Ludlow Drainage District to allow the District to enter the property and,
as appropriate, inspect, operate, maintain, repair, and replace the stormwater management facilities and
declare the agreement and necessary easements on the final plat.
20, After construction is complete, the proponent shall submit a letter from the project engineer certifying that
the stormwater management facilities have been constructed as per the approved plans. The Department
cannot give final approval for the project until this certification has been received.
21. If no development of the lots is proposed at this time, the applicant shall state under "Notice to Potential
Purchasers":
"Prior to the commencement of any land disturbing activities and prior to issuance of a building permit, a Small
Parcel Erosion and Sediment Control Plan shall be developed to the standards of the Jefferson County
Stormwater Management Ordinance and be submitted to the Department of Community Development for
review and approval. Temporary erosion control Best Management Practices shall be approved by the
Department of Community Development and implemented at all times, during land disturbing activities,"
22, Construction of roads and storm water facilities and/or site disturbing activities requires that the applicant
submit plans in accordance with the Department of Public Work's plan review schedule, and, the applicant shall
notify the Department of Public Works during various phases of construction in accordance with the
department's inspection schedule. Typically the following inspections are required:
* Installation of temporary erosion and sediment control measures;
"Clearing and road subgrade preparation;
* Application of gravel base;
Application of compacted crushed surfacing top course;
Construction of storm water management facilities,
Paving;
Final plat review.
Additional inspections may be necessary based on site-specific conditions or the nature of the project.
Temporary erosion control methods for construction purposes (roads, facilities) shall be approved by the
Department of Public Works and employed during construction. A set of approved plans shall be on site at all
times during construction,
23. Water main extensions and water system improvements that may be required to service the development
shall be installed prior to final plat approval. Extensions and improvements shall be in conformance with the
Ludlow Water System Plan, The Jefferson County Coordinated Water System Plan and shall include
acknowledgment from Olympic Water and Sewer that water main extensions have been certified in accordance
with the provisions of Chapter 246-290-110(2) WAC.
24. Prior to final plat approval, documentation shall be submitted from Olympic Water and Sewer confirming and
sewer systems have been constructed in accordance with applicable state and local standards.
25. Performance surety may be posted in lieu of completion of construction as provided Iby 6.60, Jefferson
County Subdivision Ordinance. The applicant may enter into a surety agreement with the Department of Public
Works as an alternative to complete installation of required improvements prior to final plat approval. The
surety may not exceed one (1) year, and must be in a form acceptable to the County Prosecutor. Acceptable
examples of sureties are available from the Department of Public Works. All sureties must be accompanied by
an estimate of the cost of all improvements, and the estimate must be approved by the Department of Public
Works prior to acceptance of surety.
26. Prior to final plat approval, the applicant shall provide written evidence from Fire Protection District # 3 and
the Jefferson County Consulting Fire Code Inspector (Tom Aumock), that the final design and construction of
the long plat will be in compliance with the applicable provisions of the International Fire Code, and the
recommendations of the Fire District which are consistent with State law.
27. The applicant shall arrange for the inspection of all required improvements with the Department of Public
Works, the Planning Department, or Health Department, whichever is responsible. Inspections shall be
requested by the applicant at such stages as indicated by the appropriate department.
28. In accordance with the applicable fee ordinance, the applicant shall pay all costs of work in i qntal �q,,,
. ... ..... ... . . .... . �, ..... ... . .. . .. _,", ......
... . .... . 1,
approval of the subdivision before final approval is granted,
29. The proponent shall submit a blue line copy of the final plat and lot closure information prepared by a
licensed surveyor to the Department for review. The proponent shall make any corrections or additions
prior to final approval. After lot closures are approved, by the Department final fees will be calculated and
submitted tothe applicant for payment.
30. Upon certification that all conditions have been met, the applicant shall submit a final Mylair of the plat
to the Department of Public Works at least three days in advance of approval by the Director of Public
Works.
31. Prior to final plat approval, the applicant shall document that the proposal meets the requirements of
Appendix D, Final Long Plat Checklist.
32. The applicant shall comply with all mitigation measures of the Final Mitigated Determination of Non-
Significance issued by the Jefferson County SEPA Responsible Official on August 5, 2008 for the
proposed plat of Ludlow Cove Division II.
FINDINGS:
1.} The Administrator finds that this application complies with applicable provisions of the Unified
Development Code, all other applicable ordinances and regulations, and is consistent with the Jefferson
County Comprehensive Plan and Land Use map.
2.) See Staff Report dated August 25, 2008 and Hearing Examiner Decision dated September 10, 2008
for findings of fact.
NOTICE. This permit does not excuse the proponent from complying with other local, state, and federal ordinances, regulations, or
statutes applicable to the proposed development.
Development pursuant to this permit shall be undertaken subject to the applicable development and performance standards of the
Jefferson County Unified Development Code,.
If during excavation or development of the site an area of potential archaeological significance is uncovered, all activity in the
immediate area shall be halted, and the Administrator shall be notified at once.
The Federal Endangered Species Act rules to protect threatened Chinook and Summer-run Chum salmon became effective on
January 8, 2001, Bull trout have been listed as threatened since early 2000. Under the ESA, any person may bring lawsuit against
any individual or agency that "takes" listed species (defined as causing harm, harassing, or damaging habitat for the listed species)
In addition, the National Marine Fisheries Service can levy penalties. All areas in Jefferson County are included as "critical habitat'
for a listed species. Development of property along any marine shoreline, freshwater shoreline, or floodplains could harm habitat if
protective measures are not taken. To minimize the potential to damage habitat, all property owners developing adjacent to marine
shoreline, freshwater shoreline, or floodplains are advised to do the following
- Set back buildings, utilities and roads as far as possible from surface waters (streams, rivers, Iakes, marine waters), or at least 150
feet from the edge of the water
All development activities should avoid unstable slopes, wetlands, and forested areas near surface waters
Remove minimal vegetation for site development, especially large trees
Allow trees that have fallen into surface waters to remain there
Infiltrate stormwater from buildings and driveways onsite through drywells rather than discharging directly into surface waters or
roadside ditches
Any individual, group, or agency can bring suit for a listed species "taking " even if you are in compliance with Jefferson County
development codes. The risk of a lawsuit against you can be reduced by consulting with a professional fisheries habitat biologist,
and following the recommendations for site development provided by the biologist. For more information, contact the National
Marine Fisheries Service in Seattle at (206)526-6613, or the U.S. Fish and Wildlife Service at (503) 231-6121.
APPEALS.
Pursuant to RCW 36,700, the applicant or any aggrieved party may appeal this final decision to Superior Court within twenty-one
(21) calendar days of the date of issuance of this land use decision. For more information on Judicial Appeals refer to JCC
18,40.340
Administrator DVX
MLA07 -00593
4 of 4
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Ludlow Cove Division 2
Final Plat Review
1, The SEPA conditions described in the Mitigated Determination of Non - significance issued August 5,
2008 (Log item 50) are incorporated into these recommended conditions of approval.
Staff Comment: These are addressed below under "SEPA MITIGATION MEASURES. "
A revised plat map shall be submitted prior to final approval correcting and depicting the following:
• Proposed lots that are not less than 5,000 square feet in size.
• NGPE Tract A
• Designation: Master Planned Resort - Urban Shoreline Designation
• The Type 5 Stream shall be a Type 3
Staff Comment:
• All lots within the plat are labeled as greater than 5, 000 square feet in area.
• Tract A as shown on the final plat does not label Tract A as NGPE; however, it is noted as
NGPE in Declaration of Covenants and Restriction C.1. Therefore, this condition is satisfied,
• The above referenced Shoreline Designation is not shown on the final plat,
• The stream shown on the final plat is labeled Type 3; however, Section 4.17 of the
Supplemental Declaration of Covenants, Conditions, Restrictions, and Easements for Ludlow
Cove Division 2 references the stream as a Type 3.
I The conditions recommended by the Jefferson County Department of Public Works on pages 4, 5
and 6 of their memo dated November 30, 2007 (Log item 37) are incorporated into these
recommended conditions of approval.
Staff Comment: The Jefferson County Public Works Department has reviewed the submitted final
plat and provided comments in their most recent memo with revised comments dated September 30,
2014, The applicant has received a copy of these comments and conditions and should address them
separate from these comments. The revised final plat has been reviewed for consistency with this
most recent Public Works response and found to have satisfied all requirements therein, This
ri
condition has been satisfied.
4, The final plat shall contain "Notice to Purchasers" consistent with those depicted on the Ludlow Cove
Division I subdivision SUB95- 00003.
Staff Comment: The submitted final plat contains a "Notice to Purchasers" consistent with those
of Ludlow Cove Division 1. This condition has been satisfied.
5. Based on the requirements of Section 6.303 of the Subdivision Ordinance, all easements for the
purpose of ingress and egress, and for utility installation and maintenance, shall be established by
recording a separate instrument, or by declaration of easement dedication and shall be referenced
and graphically portrayed on the face of the plat. All easements of record shall be shown on the final
plat with the Auditor's file number (AFN) of the easement(s) also referenced on the final plat.
Required easements for utility installation and maintenance shall conform to the standards of
Subsection 6.303 of the Subdivision Ordinance. All utility easements shall be made by a separate
recorded easement, declaration of easements, or dedication of easements, and by graphic portrayal
on the final long plat Mylar.
Ludlow Cove Division 2 Final Plat
Page 1 of 14
Staff Comment: The easements for purpose of ingress, egress, andlor utility installation and
maintenance have been established on the submitted final plat. This condition
has been satisfied.
& The subdivision roads shall be constructed in substantial conformance with the design shown on the
plat map submitted October 24, 2007.
Staff Comment: To ensure the subdivision roads on the site have been constructed in
conformance with the design shown on the October 24, 2007 map, the proponent has provided a
letter dated October 13, 2013 to the Public Works Department from the Engineer of Record certifying
that the roads and other transportation improvements have been constructed per the approved plans.
This condition has been satisfied.
7. Prior to commencing construction of roads on the site, the applicant shall submit road and drainage
plans to the Public Works Department for review and approval. The roads shall be designed and
constructed in conformance with Public Works Department standards including the guidelines of the
American Association of State Highway and Transportation Off icials (AASHTO) and the standards of
the Washington State Department of Transportation (WSDOT) Highway Design and Hydraulics
Manuals.
Staff Comment: The roads have been constructed on the site, The Jefferson County Public
Works Department has received a letter dated October 13, 2014 from the Engineer of Record
certifying that the roads and other transportation improvements have been constructed per the
approved plans. This condition has been satisfied.
8. The easement dedicated for the 8 feet wide parallel utility easements shall state that they may be
used to maintain and repair the access road and that no structures shall be located in the easements
that would impair their function as the roadway clear zone.
Staff Comment: This easement does not show on the final plat; however, the roadleasement
profile shown on engineered plans show where this requirement is satisfied within the fourteen (14)
foot easement adjacent to each road surface edge. This condition has been satisfied.
,9. Prior to final plat approval, the proponent shall provide certification to the Public Works Department
from the project engineer that the roads have been constructed as per approved plans,
Staff _Comment: The Jefferson County Public Works Department has received a letter dated
October 13, 2013 from the Engineer of Record certifying that the roads and other transportation
improvements have been constructed per the approved plans. This condition has been satisfied,
10. The proponent shall obtain a Road Approach Permit from the Public Works Department for access on
to Paradise Bay Road, The approach shall be constructed to the standards set forth in the permit,
Staff Comment: Road approach review was completed on January 13, 2014, however it has been
determined by public 'Works that a road approach permit is not required. This condition has been
,satisfied.
11. The proponent shall establish an agreement for the continued maintenance of the subdivision roads
by recording a Road Maintenance Agreement with the Jefferson County Auditor and referencing the
Agreement on the final plat. Prior to final plat approval, the proponent shall submit the Agreement to
the Public Works Department for review,
Staff Comment: Declaration, Conveyance and Reservation Rights and Easements note C,5.
provides maintenance responsibility. This condition has been satisfied.
Ludlow Cove Division 2 Final Plat
Page 2 of 14
12, Prior to final plat approval, the applicant shall submit a sign plan for review by the Public Works
Department. Once approved, the applicant shall implement the sign plan prior to final plat approval,
Staff Comment: A sign plan is included in the approved Roadway and Utility Construction Plans
and were reviewed and approved by the Public Works Department. The final implementation of the
sign plan has been secured with the approved bond for assurance of improvements, This condition
has been satisfied.
13. Based on the requirements of the Subdivision Ordinance (Section 6,404) and RCW 5& 17.280,
addresses shall be assigned to all lots. Addresses may be shown on the final plat or may be applied
for at the time of building permit application. Address plates for the lots shall be located in accordance
with the provisions of the Jefferson County 911 Emergency Locator System Ordinance,
'Staff -Comment: Addresses are not shown on the final plat; therefore, addresses will be applied
for at the time of building permit application. The owner builder shall be responsible for the placement
address plates in conformance with the Jefferson County 911 Emergency Locator System Ordinance.
Thr "s condition has been satisfied,
14. Based on the requirements of Section 6,404 Subdivision Ordinance, the roads serving the subdivision
shall be named, and the name of the road shall be shown on the final plat, It is required that the
applicant consult the Department of Public Works and fire and emergency response providers in
reference to signing and when selecting a name to avoid duplication of an existing road name.
staff -comment: The road within the subdivision has been named and approved as Anchor Lane
and is shown of the final plat This condition has been satisfied.
15. Based on the requirements of Section 6,404 Subdivision Ordinance, all street signs, traffic signs, and
traffic striping shall be installed prior to final plat approval.
Staff _Comment: This has been assured through Jefferson County Public Works review and
acceptance of the Engineer of Record's certification of the final improvements dated October 13,
2014, and the submitted bond for improvements for the traffic signs. This condition has been
satisfied.
16. A Storm Water Site Plan that includes a Large Parcel Erosion Control Plan and a Permanent
Stormwater Quality Control Plan shall be submitted to the Jefferson County Department of Public
Works for review and approval prior to commencing land disturbing activity. The Stormwater Site Plan
shall apply Minimum Requirements # 1 through 11 from the Washington Department of Ecology
Stormwater Management Manual for the Puget Sound Basin,
Staff -Comment: A Stormwater Site Plan has been submitted and reviewed by the Public Works
Department. All work has been carried out per the approved plans. This condition has been satisfied.
17. The proponent shall submit the Stormwater Site Plan to the Port Ludlow Drainage District for review
and comment. The Public Works Department will consider the Districts comments and incorporate
them into the Site Plan as appropriate to meet the standards of the Stormwater Management Manual.
Staff Comment, The stormwater site plan was reviewed and approved (ZON13-00048 & ZON14-
00006) and the plan was implemented as approved. This condition has been satisfied.
18. The applicant shall provide documentation from the designing engineer that erosion control practices
including storm water quality control were fully implemented during the construction phase, in
accordance with the Department of Public Works approved plans, The documentation shall be
submitted prior to final plat approval and will include copies of reports from all monitoring during
construction,
Ludlow Cove Division 2 final Plat
Page 3 of 14
Staff Comment, Erosion control efforts began on 1113114. On 3117114 the Washington State
Department of Ecology (DOE) visited the site and noted several deficiencies. All items were corrected
by 3128114 and were inspected by DOE. Efforts will continue until construction of all homes is
complete. fied.
19. In order to meet the requirements of the Washington Department of Ecology Stormwater
Management Manual for the Puget Sound Basin and to ensure that the approved stormwater
management facilities function appropriately for the life of the project, the proponent shall either:
Enter into a, Stormwater Management Facility Maintenance Agreement with Jefferson County or,
• Enter into an agreement with the Port Ludlow Drainage District to allow the District to enter the
property and, as appropriate, inspect, operate, maintain, repair, and replace the stormwater
management facilities and declare the agreement and necessary easements on the final plat.
Staff Comment: The applicant has elected to enter into an agreement with the Port Ludlow
Drainage District Declaration C.12 on the face of the plat provides that" "THE CONSTRUCTION AND
MAINTENANCE OF STORM WATER FACILITIES WITHIN THIS PI-AT Is SUBJECT TO A STORM WATER MANAGEMENT
FACILITY MAINTENANCE AGREEMENT sETwEEN DECLARANT AND PORT LUDLow DRAINAGE DISTRICT, WHICH
WAS RECORDED UNDER RECORDING No. 585109.'" This condition has been satisfied.
20. After construction is complete, the proponent shall submit a letter from the project engineer certifying
that the stormwater management facilities have been constructed as per the approved plans. The
Department cannot give final approval for the project until this certification has been received.
Staff _Comment: Certification from the Engineer of Record has been provided in a letter dated
October 13, 2014. This condition has been satisfied.
21. If no development of the lots is proposed at this time, the applicant shall state under "Notice to
Potential Purchasers ": "Prior to the commencement of any land disturbing activities and prior to
issuance of a building permit, a Small Parcel Erosion and Sediment Control Plan shall be developed
to the standards of the Jefferson County Stormwater Management Ordinance and be submitted to the
Department of Community Development for review and approval. Temporary erosion control Best
Management Practices shall be approved by the Department of Community Development and
implemented at all times during land disturbing activities,"
Staff _Comment: This is addressed in "Notice to Purchasers" number 10 on sheet 2 of 5 of the final
plat. Iris condition has been satisfied.
22. Construction of roads and storm water facilities and /or site disturbing activities requires that the
applicant submit plans in accordance with the Department of Public Work's plan review schedule,
and, the applicant shall notify the Department of Public Works during various phases of construction
in accordance with the department's inspection schedule. Typically the following inspections are
required;
• installation of temporary erosion and sediment control measures; (completed 1-13-14)
• Clearing and road subgrade preparation; (completed 6-9-14)
• Application of gravel base; (completed 6-23-14)
• Application of compacted crushed surfacing top course; (completed 6-30-14)
• Construction of storm water management facilities;
• Paving; (completed 7-16-14)
• Final plat review,
Ludlow Cove Division 2 Final Plat
Page 4 of 14
• Additional inspections may be necessary based on site - specific conditions or the nature of the
project. Temporary erosion control methods for construction purposes (roads, facilities) shall be
approved by the Department of Public Works and employed during construction. A set of
approved plans shall be on site at all times during construction.
Staff _Comment. Certification from the Engineer of Record that construction of stormwater
management facilities has been provided in their letter dated October 13, 2014. , This condition has
been satisfied.
23. Water main extensions and water system improvements that may be required to service the
development shall be installed prior to final plat approval. Extensions and improvements shall be in
conformance with the ILudlow Water System Plan, The Jefferson County Coordinated Water System
Plan and shall include acknowledgment from Olympic Water and Sewer that water main extensions
have been certified in accordance with the provisions of Chapter 246- 290 - 110(2) WAC.
Staff Comment'. Roadway and utility Construction Plans were reviewed by the Public Works
Depar went and certification of construction has been received by the ESM Consulting Engineers,
LLC, Engineer of Record, in their letter dated October 13, 2014. This condition has been satisfied,
24. Prior to final plat approval, documentation shall be submitted from Olympic Water and Sewer
confirming and sewer systems have been constructed in accordance with applicable state and local
standards,
Staff Comment: The Engineer of Record has provided certification in a letter dated October 13,
2014 stating that water and sewer facilities have been installed per the approved plans. This condition
has been _satisfied.
25. Performance surety may be posted in lieu of completion of construction as provided by 6.60,
Jefferson County Subdivision Ordinance, The applicant may enter into a surety agreement with the
Department of Public Works as an alternative to complete installation of required improvements prior
to final plat approval. The surety may not exceed one (1) year, and must be in a form acceptable to
the County Prosecutor. Acceptable examples of sureties are available from the Department of Public
Works. All sureties must be accompanied by an estimate of the cost of all improvements, and the
estimate must be approved by the Department of Public Works prior to acceptance of surety.
Staff Comment: At the time of final plat submittal, the lift station for sewer, shoreline and critical
areas landscaping, and street signage is proposed to be covered by the submitted surety agreement
as provided in this condition. This condition has been satisfied.
26. Prior to final plat approval, the applicant shall provide written evidence from Fire Protection District #3
and the Jefferson County Consulting Fire Code Inspector (Tom Aumock), that the final design and
construction of the long plat will be in compliance with the applicable provisions of the International
Fire Code, and the recommendations of the Fire District which are consistent with State law,
Staff _Comment The Fire Chief for Port Ludlow fire & Rescue submitted a letter dated October 10,
2014 stating that he found all requirements asked to be included in the construction of the project
have been met and are therefore accepted. This condition has been satisfied.
27, The applicant shall arrange for the inspection of all required improvements with the Department of
Public Works, the Planning Department, or Health Department, whichever is responsible. Inspections
shall be requested by the applicant at such stages as indicated by the appropriate department.
iLudlow Cove Division 2 Final Plat
Page 5 of 14
Staff _comment: Inspections have been requested as required during construction. To date, this
condition has been satisfied. Additional inspections may be required as work covered under the
surety bond is completed. This condition has been satisfied.
28. In accordance with the applicable fee ordinance, the applicant shall pay all costs of work incidental to
approval of the subdivision before final approval is granted.
Staff —Comment: Conformance with this requirement has been assured prior to scheduling the final
plat for approval. This condition has been satisfied.
29, The proponent shall submit a blue line copy of the final plat and lot closure information prepared by a
licensed surveyor to the Department for review. The proponent shall make any corrections or
additions prior to final approval. After lot closures are approved by the Department final fees will be
calculated and submitted to the applicant for payment.
staff _Comment; A revised blue line copy of the final plat that reflects the corrections identified in
the initial final plat review has been submitted. This condition has been satisfied.
30. Upon certification that all conditions have been met, the applicant shall submit a final Mylar of the plat
to the Department of Public Works at least three days in advance of approval by the Director of Public
Works,
Staff Comment: The applicant has submitted the final mylar to the Department of Community
Development on November 6, 2014. The Department of Community Development has provide the
final mylar to each department for their signature. This condition has been satisfied.
31. Prior to final plat approval, the applicant shall document that the proposal meets the requirements of
Appendix D, Final Long Plat Checklist.
staff —comment: The final plat requirements are addressed below in the last section of these
comments,
32. The applicant shall comply with all mitigation measures of the Final Mitigated Determination of Non -
Significance issued by the Jefferson County SEPA Responsible Official on August 5, 2008 for the
proposed plat of Ludlow Cove Division 11.
SEPA MITIGATION MEASURES
1, The applicant shall conform to the recommendations contained in the documents that have been
incorporated by reference below:
1, Report — Geotechnical Engineering Services — Subsurface Investigation — Proposed Ludlow
Cove Development — Port Ludlow, Washington dated March 22, 1995 by Geoengineers (Log
item 43). The Report describes geological site conditions and makes recommendations for site
development.
Staff Comment: The Geotechnical Report is noted on the plat (Notice to Purchasers #9.)
with listed protocols. This condition has been satisfied.
2. Wetland Assessment — Ludlow Cove Property - Jefferson County, Washington, dated June 23,
1997 by Raedeke Associates, Inc, (Log item 45) The Assessment delineates the subject property
for the presence of wetlands and has been confirmed to be currently accurate by Jefferson
County Staff Biologist Donna Frostholm in 2008,
Ludlow Cove Division 2 Final, Plat
Page 6 of 14
Staff Comment: Notice to Purchasers #2 on the face of the final plat provides for the
required installation of a "physical separation along the upland boundaries of the streamside and
wetland buffer areas— " This condition has been satisfied.
3. Habitat Management Plan — Ludlow Cove Residential Development — Port Ludlow,
Washington, dated May 9, 2003 by Geoengineers, (Log item 45), The Habitat Management Plan
describes the current conditions of the site, possible wildlife use based upon vegetation and
outlines separate treatment areas and prescriptive throughout the wetland buffer and shoreline
areas.
Staff —Comment Notice to Purchasers #1 on the face of the final plat provides that "Lot
owners shall be aware that Jefferson County has approved the Habitat Management Plan (HMP)
dated 616103 and should be aware of the contents of the HMP. " This condition has been satisfied,
4, Ludlow Cove Archaeological Resources and Traditional Cultural Places Assessment, Jefferson
County, Washington, dated May 13, 2003 (Log item 47). The Archaeological Assessment is a
complete final archaeological report with recommended conditions of development including
identifying shell midden boundaries prior to earth moving activities,
Staff Comment: A memo dated May 8, 2014, from Glenn Hartmann of Cultural Resource
Consultants, Inc. to Diana Smeland provided the conclusion that "At present, [1] conclude that
construction will have no effects on previously recorded sites near the project and that there are
no archaeological deposits within the construction zone. " Notice to Purchasers numbers 6, 7, and
,B disclose the existence of the Archeological Report, that lot owners should be aware of its
contents, and lists the protocols in the event archaeological items are discovered. This condition
has been satisfied.
5. Landscaping Plan — Ludlow Cove Residential Development — Port Ludlow, Washington — File
No. 10622-001-00, dated July 24, 2003 (Log item 46). The Landscaping Plan includes definition
of critical areas and their buffers, areas of open space, critical area enhancement and restoration,
a beach picnic area and new and existing trails, and planting plans,
Staff Comment A landscape plan has been submitted and approved (Log Item 46).
Completion of the landscaping per the approved plan will be assured under acceptance of a
surety bond. This condition has been satisfied.
6, Final Environmental Impact Statement, Port Ludlow Development Program, dated April 1993,
available at the DCD offices, 621 Sheridan St, Port Townsend, WA 98368, The Final EIS covers
the phased development of Port Ludlow.
Staff Comment: The Final EIS was used as a guiding document in the review and
conditioning of this project and remains available. This condition has been satisfied.
2. Prior to final plat approval, the applicant shall schedule a conference and site visit with County Staff to
confirm that recommendations contained in the documents that have been incorporated by reference
above have been implemented.
Staff Comment: A conference and site visit between County staff and the applicant was
conducted on October 24, 2014. The recommendations that have been incorporated by reference
have been implemented. This condition has been satisfied.
3. To mitigate potential impacts to critical areas (shoreline, wetlands, streams) buffer perimeters shall be
marked with temporary orange barrier fencing with signs attached stating, "Critical area buffer — do
not remove or alter vegetation."
Ludlow Cove Division 2 Final Plat
Page 7 of 14
Staff _Comment; The critical areas have been located and fenced prior to site clearing (completed
1-1 3-14)� This condition has been satisfied.
4. Once construction is completed, permanent physical separations along all critical area buffers shall
be installed and permanently maintained. Such separation may consist of logs, a tree or hedge row,
or other prominent physical marking approved by the Administrator,
Staff -comment: Trees and existing vegetation will be the primary means of separation. Rear
yards will be fully landscaped and will define the separation of yard to wetland buffer. The buffer
landscaping is covered under the performance surety. This condition has been satisfied.
5. A notice to title shall be recorded with the Auditor consistent with the requirements of Section
10.506(3) of the Jefferson County Interim Critical Area Ordinance, The applicant may choose to
dedicate the buffers through a conservation easement (NGPE) or deed restriction that shall be
recorded with the Jefferson County Auditor, Such forms, however, must be reviewed and approved
by the County Prosecuting Attorney's Office prior to recording,
Staff _Comment: All buffer restrictions have been addressed on the final plat and supported in the
Supplemental CC&Rs, This condition has been satisfied,
6. The applicant shall submit Conditions, Covenants and Restrictions to limit use activities; prevent
vegetation removal, dredging or filling, the application of pesticides, herbicides and fungicides in
wetlands, streams and their buffers to the Jefferson County DCD for review prior to final plat
approval.
Staff _comment: Contained in Notice to Purchasers numbers 1, 2, 3, and 4, on the final plat and
section 4.12 of the Supplemental CC Rs. This condition has been satisfied.
7. No vegetation shall be removed from any critical area without prior review and approval from
Jefferson County DCD.
Staff Comment: Notice to Purchasers numbers 1, 2, 3, and 4 convey this requirement, This
condition has been satis�ed
8. Hours of construction activity shall be limited to 7:00 am to 6:00 pm, Monday thru Friday and 8;00 am
to 5,,00 pm on Saturdays.
Staff _Comment: Notice to Purchasers number 12 addresses this requirement. This condition has
been satisfied.
9. Consistent with the Archaeological Resources Assessment, the shell midden boundary line shall be
staked out on the ground by a qualified archaeologist prior to any earth disturbing activities.
Staff: -comment: This has been addressed in the memo dated May 8, 2014, from Glenn Hartmann
of Cultural Resource Consultants, Inc. to Diana Smeland, the project proponent, and is noted on the
face of the final plat under Notice to Purchasers number 8. This condition has been satisfied.
10. Prior to final plat approval, the applicant shall pay to the Jefferson County Fire Protection District No,
3 $193-00 per unit to be applied toward provision of Fire and Emergency Services,
Staff _Comment: PLA has payed $193.00 per each of the proposed 42 lots, for a total of
$8, 106-W
Ludlow Cove Division 2 Final Plat
Page 8 of 14
11, The applicant shall obtain a Hydraulic Project Approval (HPA) from the Department of Fish & Wildlife
for any discharge of stormwater into waters of the state.
Staff ,Omment: The applicant has satisfied Hydraulic Project Approval requirements as verified in
their email to Diana Smeland (applicant) from Margaret M. Bigelow (Washington Department of Fish
and Wildlife), which was forwarded to the Department of Community Development. This condition has
been -satisfied.
12, Erosion control measures must be in place prior to any clearing, grading or construction. These
control measures must be effective to prevent soil from being carried into surface water by
stormwater runoff. Sand, silt, clay particles, and soil will damage aquatic habitat and are considered
pollutants when discharged to waters of the state,
Staff _Comment: Erosion control measures are noted in the Notice to Purchasers numbers 10, 11,
and 13, and Section 4.7 of the Supplemental CC&Rs. This condition has been satisfied,
13. Any discharge of sediment -laden runoff or other pollutants to waters of the state is in violation of
Chapter 90.48, Water Pollution Control, and WAC 173 -201 A, Water Quality Standards for Surface
Waters of the State of Washington, and is subject to enforcement action.
Staff -comment: This provision is contained in Notice to Purchasers #19 on the final plat This
gnnfiffirin has been satisfied.
14, During construction, all releases of oils, hydraulic fluids, fuels, other petroleum products, paints,
solvents, and other deleterious materials must be contained and removed in a manner that will
prevent their discharge to waters and soils of the state. The cleanup of spills should take precedence
over other work on the site.
staff _comment: Construction of the infrastructure within the plat has concluded. Measures
regarding this provision are contained is Section 4.22 in the Supplemental CC&Rs or in the Notice to
Purchasers on the final plat, This condition has been satisfied.
15. Proper disposal of construction debris must be on land in such a manner that debris cannot enter the
Port Ludlow Bay, Class 11 Wetlands and Type 3 stream or cause water quality degradation of state
waters.
Staff Comment: This provision is contained in Section 4,23 of the Supplemental CC&Rs, This
condition has been satisfied..
16, Coverage under the National Pollution Discharge Elimination System (NPDES) and State Waste
Discharge General Permit for Stormwater Discharges Associated with Construction Activities is
required for construction sites which disturb an area or one acre or more and which have or will have
a discharge of stormwater to surface water or a storm sewer. Contact Joyce Smith at (360-407-6858)
for an application form
Staff _Comment: An NPDES permit for the site was issued by the Washington State Department of
Ecology on December 10, 2013. This condition has been satisfied,
18.35.370 Preparation of a final long plat.
The final long plat shall be prepared in accordance with the following requirements:
(1) The final plat shall be prepared by a land surveyor licensed by the state of Washington or a
Washington state licensed engineer, Complete,
Ludlow Cove Division 2 Final Plat
Page 9 of 14
(2) Six paper copies of the final long plat shall be submitted, measuring 18 inches by 24 inches in size,
allowing one-half inch for border. Complete.
(3) A final long plat shall contain the following information:
(a) The name of the subdivision; Complete,
(b) Legal description of the property being subdivided; Complete.
(c) Numeric scale, graphic scale, true north point and date of preparation of the final plat; Complete,
(d) The lot line of the plat, referenced to county (USC&GS) datum and based on an accurate
traverse, with angular and linear dimensions and bearings„ Complete,
(e) The exact location, width and name of all roads, streets, alleys and other public ways within and
adjacent to the subdivision; Complete.
(f) The exact location, width and purpose of all easements and dedications for rights-of-way
provided for public and private services and utilities; Complete.
(g) True courses and distances to the nearest established road lines, or sections or quarter section
corner monuments which shall accurately locate the subdivision; Complete.
(h) Section lines accurately tied to the lines of the plat by distances and courses; Complete.
(i) All lot and block numbers (if applicable) and lines, with accurate dimensions in feet and
hundredths of feet; Complete.
All house address numbers as assigned by the county; Addresses will be assigned at the time
of building permit application for each individual lot.
(k) Delineation of the building envelope of each lot; The final plat does not show the yard
setbacks; however, all yard setbacks are noted on page 2 of 5 under Notice to Purchasers
No. C.1' 7.
(i) The radii, internal angles, points of curvature, tangent bearings and lengths of arc; Complete.
(m) The accurate location of each permanent control monument; Complete (Certified with surveyor
stamp),
(n) All plat meander lines or reference lines along bodies of water shall be established as above, 'but
not farther than 20 feet from the high water line of such body', Complete.
(o) Accurate outlines and legal descriptions of any areas to be dedicated or reserved for public use,
with the purpose of such dedication or reservation and any limitations indicated thereon and in
dedication; Complete.
(p) Accurate outlines of any area to be reserved by the deed covenant for common use of owners of
property within the subdivision, together with the purposes of such reservation; Complete.
(q) Any restrictions or conditions on the lots or tracts within the subdivision, as required by the county
or at the discretion of the property owner, including, but not limited to, environmentally sensitive
areas buffers; Complete.
Ludlow Cove Division 2 Final Hat
Page 10 of 14
(r) The auditor's file number of all documents and conveyances recorded with the Jefferson County
auditor associated with preliminary or final plat approval,; Complete orpending (i.e., blank
spaces for unrecorded documents).
(s) The name and seal of the Washington State licensed land surveyor or Washington State licensed
engineer responsible preparation of the final plat, and a signed certification on the plat by said
surveyor to the effect that it is a true and correct representation of the land actually surveyed by
him or her, that the existing monuments shown thereon exist as located and that all dimensional
and geodetic details are correct; Complete.
(t) A signed, notarized certification stating that the subdivision has been made with the free consent
and in accordance with the desires of the all persons with ownership and/or security interests in
the property. If the plat includes a dedication, the certificate or a separate written instrument shall
contain the dedication of all roads and other areas to the public, any individual or individuals, or to
any corporation, public or private, as shown on the plat. Such certificate or instrument shall be
signed and acknowledged before a notary public by all parties having any interest in the land
subdivided, The owner shall waive all claims against the county, on behalf of the owner and the
owner's successors and assigns, which may be occasioned by the establishment and/or
construction of any roads, streets, storm drainage improvements or other improvements;
Complete.
(u) An offer of dedication may include a waiver of right of direct access to any road from any
property. Such waiver may be required by the director of the department of public works as a
condition of approval. Any dedication, donation or grant as shown on the face of the plat shall be
considered as a quit claim deed to the said donee or grantee for use for the purpose intended by
the donation or grant; Dedication is provided on the face of the plat
(v) Signature blocks for the appropriate certification of the county auditor, director of the department
of public works, director of the public health department, and DCD administrator, as follows:
rs� M I
I hereby certify to the best of my knowledge that this final plat is in
compliance with the certificate of improvements issued pursuant to the
Jefferson County Unified Development Code and is consistent with all
applicable county improvement standards and requirements in force on the
date of preliminary plat approval, this _ day of 1 20_,
Director, Jefferson County Department
of Public Works
Ludlow Cove Division 2 Final Nat
Page 11 of 14
I hereby certify that on this _ day of 1 20—, that this
final plat is in substantial conformance with the preliminary plat and any
conditions attached thereto, which preliminary plat was approved by
Jefferson County on the _ day of 1 20_,
Administrator, Jefferson County
Community Development Department
JEFFERSON COUNTY PUBLIC HEALTH DIRECTOR CERTIFICATE
Approved by public health department on this day of
20_-
Director, Jefferson County Public Health Dept.
TREASURER
All taxes and/or assessments due are paid in full on this day of
120—
Jefferson County Treasurer
(w) A form of the approval of the county assessor, as follows:
Ludlow Cove Division 2 Final Plat
Page 9 2 of 14
Examined and approved this _ day of
Jefferson County Assessor
F-.V M-;
Deputy Jefferson County Assessor
(x) A form for the certificate of the Jefferson County recorder, as follows:
H���tarwal
Filed for record at the request of Jefferson County this _ day of
, 20_, at minutes past _M-, and recorded in
Volume of Plats, page Records of Jefferson County,
LTWITIME =0
Jefferson County Recording Number
Manager
Superintendent of Records
(Y) Any additional pertinent information as required at the discretion of the director of the department
of public works or the DCD administrator,
(4) All signatures or certifications appearing on a final plat shall in be reproducible black ink. [Ord. 8-06 §
11 All signature blocks are included on the final plat as required above. This condition has been
satisfied.
Ludlow Cove DiviMon 2 Final Nat
Page 13 of 14
18.36.380 Accompanying documents — Final long plat.
(1) In cases where any deed covenants or restrictions, including any GC&Rs, will apply to lots or parcels
within a subdivision, a typewritten copy of such covenants bearing all necessary signatures shall be
submitted along with the final plat Complete.
(2) The final plat shall be accompanied by a complete survey of the section or sections in which the plat
or replat is located, or as much thereof as may be necessary to properly orient the plat within such
section or sections. The plat and section survey shall be submitted with complete field and
computation notes, showing the original or re-established corners, with the description of the same,
and the actual traverse showing error or closure and method of balancing. A sketch showing all
distances, angles and calculations required to determine corners and distances of the plat shall
accompany this data.. The allowable error of closure shall not exceed one foot in 10,000 feet.
(3) The final plat shall be accompanied by a current (within 30 days) title company certification of:
(a) The legal description of the total parcel sought to be subdivided„
(b) Those individuals or corporations holding an ownership interest and any security interest (such as
deed of trust or mortgages) or any other encumbrances affecting the title of said parcel, Such
individuals or corporations shall sign and approve the final plat prior to final approval
(c) Any lands to be dedicated shall be confirmed as being owned in fee title by the owner(s) signing
the dedication certificate;
(d) Any easements or restrictions affecting the property to be subdivided with a description of purpose
and referenced by the auditor's file number and/or recording number; and
(e) If lands are to be dedicated or conveyed to the county as part of the subdivision, an American
Land Title Association (A,L,T.A.) title policy may be required by the director of the department of
public works.
Complete.
(4) The applicant shall provide the director of the department of public works with a computer disk
containing a complete set of the final plat maps and as-built drawings on CADD(c) or other CIS -
compatible software as acceptable to the director of the department of public works. The Public
Works Director has signed the final plat certifying that all requirements have been satisfied.
(5) All documents submitted under this section shall contain the name of the subdivision and the name
and address of the subdivider, Complete.
(6) All maintenance, performance and guarantee bonds or other guarantees as may be required by the
director of the department of public works and the improvement method report to guarantee the
acceptability and/or performance of all improvements, For all improvements constructed after final
plat approval, reproducible as-built drawing and CADD(c) files shall be submitted within 15 days of
completion of construction. [Ord. 8-06 § 1 ] Pending bond approval.
Ludlow Cove Di0sion 2 Final Plat
Page 14 of 14
'11114 21 a 4 10� 6*43 ki KOTIM N 0
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REPORT AND DECISION
CASE NO.: LONG SUBDIVISION — PRELIMINARY PLAT SHORELINE
SUBSTANTIAL DEVELOPMENT PERMIT FOR A PRIMARY USE,
FILE NO. MLA07-00593 — SUB07-00038/SDP07-00075
APPLICANT: Port Ludlow Associates
The applicant is seekinig preliminary long: subdivision approval to subdivide and develop 42
single family lots including clearing and grading. The application area consists of
approximately 14.74 acres in the MPR Single Family Zone,
n 111 ► 0 0 1111,
MEEMMESAM
[all;i�IESG;i
After reviewing the Jefferson, County Department of Community Development and
examining available i nfo rm ation on file with the application, the Examiner conducted
a public hearing on the request as follows:
Parties wishing to testify were sworn in by the Examiner.
FllN I PER, 101 Ili 1111 1 Ii � I � � � � 1 11 Ii III 1 • . •
DAVID JOHNSON appeared, presented the Department of Community Development Staff
Report, and testified that six lots contain insufficient space to meet the zoning requirements
and the applicant would need to file a revised plan showing adequate lot sizes. DFW is
requiring an HPA. In the first phase the 17 lot subdivision was built out. The responsible
official adopted the SEPA determination from the previous subdivision. Staff recommends
approval subject to conditions in the August 22nd staff report. He has included a section on
the MERU counts and introduced Exhibit "57", changes to conditions. Port Ludlow is
capped at 2,250 residential units and now has 193 undedicated MERUs. Following
approval of the present plat, the amount of available MERUs would decrease to 150. In
RCW 90.58 the Shoreline Management Act provides ten years for a substantial
development permit. Five years is too short for a market absorption and staff agrees to an
extension to ten years. The Port Ludlow Village Council supports the present PLA plan.
The comments received from Les Powers are the same as his SEPA comments.
Oil!
oil, NN
to control erosion. The trails will connect to the overall Port Ludlow frail 'sy'ste'�.'Con'c'er6i�'
2—
the stream, DNR assessed it as a Type 3 and all subdivision plans respect the typing. The
trees will not impact views from other properties as the wetland is already forested.
MARCO de Sa e SILVA, attorney at law, appeared and testified that PLA reviewed the
MDNS, approves it, and also accepts the mitigating measures. The staff report will be
corrected to reflect the Type 3 stream. The code refers to the substantial development
requirement and subjects it to the Development Agreement which incorporates a prior
version of the master program. He questioned Mr. Johnson as to whether it has the same
requirements under the new regulations.
MR. JOHNSON responded by testifying that the original master program was adopted into
the code, but was not changed.
MR. de Sa e SILVA then continued by testifying that PLA needs a ten year term for the
substantial development permit as five years is not sufficient. The Hearing Examiner can
approve a ten year time as set forth in Log Item 2. He referred to the revised conditions of
approval in log item 57 and has no objection to Conditions 1 through 4, but does object to
Condition 5. The LMC and SBCA are two existing citizen groups with members. He hopes
that the future residents will join one or the other, and they have agreed to offer the
association to LMC, but if the members find it unacceptable then they can't join it. They
would propose a homeowners association to ensure compliance with conditions of
approval, but here the County is requiring them to join a private club which is beyond the
control of the applicant as the clubs must accept them into membership. The County has
never required them to do that before. In a letter to Jefferson County he wanted the
previous environmental documents adopted by reference which include the EIS, the
environmental site assessment, and the remediation as part of the record. The drainage
district raised the issue of the proper stormwater manual, The County has multiple
manuals. PLA is obligated to follow the 1992 Manual, but the drainage district is under the
2001 Manual. PLA will try to conform to both. They will comply with the 2001 Manual,
except if there is a conflict where they cannot conform to both. Concerning Les Powers'
letter the subdivision ordinance requires two accesses where practicable. Two accesses
are not feasible here. The roads are 20 feet in width and private. The County
Commissioners will approve the roads which will thus satisfy the road requirements.
Sidewalks may be required. Here, the trail facilities provide sufficient pedestrian access.
Extensive studies were performed of the log area and DOE issued a No Further Action
letter. They have provided a Habitat Management Plan and his fifth point is already
accomplished. Jefferson, County does not regulate water companies, the Department of
Health does, DOH submitted a letter dated November 15, 2007„ which confirmed the water
company's existing capacity to serve the plat. The project is consistent with the plan. This
project is consistent with the Jefferson County Code except in the minimum lot size and
they will redesign the lots to comply.
TOM McCOY appeared and testified that he serves on the PLDC Board. They reviewed
the original plat and the plat proposal today and believe it should be approved. The only
question is whether PLA would select one of the two master a , ss,Qqiations, to be`fh°e
3—
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1"j, 1J,
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LARRY NOBLES appeared and testified that he represents PLDC which has agreed to
represent the subdivision. They favor the project. The master developer for the MPC
designates PLDC as the authority that the County will work with. They have no approval
rights, but they have reviewed the plan and made suggestions to include the trail. PLA
agreed and worked with them. They strongly recommend approval.
MR. de Sa e SILVA reappeared and testified that he objects to leaving the record open as
requested by Mr. Powers. They want to move forward and close the record.
MR. JOHNSON reappeared and testified that according to Mr. Pearson from Public Works
a second access was not feasible. Sprinkler systems or fire retardant materials would
address the second access. They can review that before final approval. He would like the
record to remain open to investigate the conditions regarding the homeowners association.
MR. de Sa e SILVA reappeared and testified that he does not believe the one access will
.-educe fire safety standards.
No one spoke further in this matter and the Examiner took the matter under advisement.
The hearing was concluded.
NOTE: A complete record of this hearing is available in the office of Jefferson
County Department of Community Development,
•
9J
FINDINGS:
The Hearing Examiner has heard testimony, admitted documentary evidence into
the record, viewed the site, and taken this matter under advisement.
2. As part of the Phased Review initialed under the Ludlow Cove Division I (SX1395-
00003) subdivision per WAC 197-11-060(5), a Final Mitigated Determination of
Nonsignificance (MDNS) issued August 5, 2008.
3, Notice of the public hearing was mailed on August 5, 2008 to adjacent property
owners; posted on August 6, 2008; and published in the Port Townsend -Jeffe rso n
County Leader on August 6
4. The applicant has a possessory ownership interest in an irregularly shaped, 14.74
acre parcel of unimproved property abutting the east side of Paradise Bay Road
opposite its intersection with Breaker Lane within the Port Ludlow Master Planned
Resort in unincorporated Jefferson County. The applicant requests preliminary plat
4—
J i"
(long subdivision) approval and a shoreline substantial development permit to allow
subdivision of the site into 42 single family residential lots.
Port Ludlow Bay abuts the south and east property lines and Ludlow Cove Divisi
1, a single family residential subdivision abuts the north property line. Breaker La
and the Port Ludlow Village commercial area abut the west property line. I
6 The preliminary plat map shows one access provided from Paradise Bay Road a
a looped road system providing access to all lots. Open space areas are locat
adjacent to Port Ludlow Bay and on the north portion of the site, The open spa
re the north protect a Category 11 wetland and a Type 3 stream flowing fro
said wetland to Port Ludlow Bay. The plat also contains numerous internal op
space areas and two pedestrian trails providing access from Paradise Bay Ro
through the plat to Picnic Point. I
7. The plat proposes a minimum lot size of 4,353 square feet, an average lot size of
6,106 square feet, and a maximum lot size of 10,972 square feet. Approximately
50% of the site will remain in open space. The density calculates to approximately
2.86 dwelling units per acre.
8. The topography slopes gently downward at approximately 7% from Paradise B
Road to Port Ludlow Bay. The site was previously used as a log dump and stagin
area for timber activities, but has been partially revegetated with native plants. Th,
shoreline bank ranges from, less than ten feet in height in the eastern porfion of th
:site to approximately 40 feet in height along the southwestern portion. The pl,
provides no formal access to the shoreline. The site plan shows 16 guest parkinjo
i
stalls in the southern and eastern portions of the site and a sewer pump station i
the Tract G internal open space area.
9. Residents of Port Ludlow raised concerns regarding the adequacy of water to serve
the subdivision. However, Jefferson County does not regulate water systems. The
State of Washington Department of Health which does regulate such systems
submitted a letter dated November 29, 2007, confirming that the water purveyor,
Olympic Water and Sewer, Inc., has sufficient water to serve the subdivision. The
letter further advises that the State Department of Ecology concurs with the
Department of Health. Thus, the applicant will have an adequate water supply to
serve all homes at final plat approval.
10. Residents raised concerns regarding pedestrian and vehicular access to the site as
the project provides only one access, 20 foot wide roads, and no sidewalks.
However, the subdivision road design criteria of Subdivision Ordinance 6.309.3
provides that all long subdivisions shall provide access in at least two places
49whenever practicable". The Jefferson County Department of Public Works has
reviewed the subdivision and determined a second access unfeasible. Section
6.309A of the subdivision ordinance authorizes reduction in. p,riv,,qtp,rooO,§tond ,rd s
5—
TM.,.
..
.. .... ... .....
J i",
by the Board of Jefferson County Commissioners pursuant to a recommendation by
the Public Works Director. The applicant proposes 20 foot wide, private roads and
eight foot wide utility easements on each side of the road that may be used to
maintain and repair the road and which will also function as a roadway clear zone.
Approval of the road system by the Board will satisfy this criteria. Finally, while the
project does not include sidewalks it provides two pedestrian trails that extend from
Paradise Bay Road through the plat to Picnic Point. The plat provides safe walking
conditions.
11. Residents also express concern regarding the previous use of the site as a "log
landing". Residents assert that contaminants were found on a similar log landing at
Port Gamble and request a Phase 2 invasive testing, Phase 2 testing pursuant to
the Model Toxics Control Act previously occurred on the site (Log Item 60).
Following clean up of the area the Department of Ecology issued a No Further
Action letter.
12. Residents assert that a substantial development permit is required for the project
and that further study is necessary to show the effect of the development on the
tidelands and estuary of Ludlow Creek., The applicant previously prepared a Habitat
Management Plan and Landscaping Plan, identifying areas of restoration and
enhancement which include Ludlow Creek (Log Item 46),
13, Residents and DCD raised concerns regarding the integration of the subdivision into
either the LMC or the SBCA prior to final plat approval. However, both of these
organizations are private, have members, and the subd:ivision's acceptance is
subject to a vote. Furthermore, the applicant may object to terms and conditions of
membership. Therefore, it is not proper to add a condition requiring the applicant to
join. However, the applicant has expressed strong support for inclusion into one of
the organizations.
14. The findings and conclusions set forth on pages 5-16 of the staff report are hereby
incorporated by reference as if set forth in full.
15, The documents identified in a letter from Marco d:e Sa e Silva to the Examiner, A]
Scalf, and David Wayne Johnson dated August 21, 2008, are hereby incorporated
by this reference into the administrative record of these proceedings.
CONCLUSIONS:
1. The Hearing Examiner has jurisdiction to consider and decide the issues presented
by this request.
2. The proposed preliminary plat of Ludlow Cove Division 11 is consistent with all
criteria set forth in the Jefferson County Subdivision Ordina, nqe,, Port Ludlow Master
Planned Resort Code, Jefferson County Interim Critical 4eas Ordinance, Je6e rs'on
6—
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. . . ......
County Land Use Application Procedures Ordinance, and the Jefferson County
Stormwater Management Ordinance.
3. The shoreline substantial development permit request satisfies all criteria set forth in
the Shoreline Management Master Program.
4. The proposed preliminary plat makes appropriate provision for the public health,
safety, and general welfare for open spaces, drainage ways, streets, roads, alleys,
other public ways, potable water supplies, sanitary waste, critical areas, parks and
recreation, schools and school grounds, and safe walking conditions.
5. The proposed preliminary plat will serve the public use and interest by providing
most attractive location for a single family residential subdivision bordered on t
sides by Port Ludlow Bay and conveniently located to the Port Ludlow Villag
commercial area. Therefore, the preliminary plat and shoreline substanti
development permit should be approved subject to the following conditions: I
The SEPA conditions described in the Mitigated Determination of
Nonsignifiicance issued August 5, 2008 (Log Item 5) are incorporated into
these recommended conditions of approval.
2. A revised plat map shall be submitted prior to final approval correcting a
depicting the following: I
• Proposed lots that are not less than 5,000 square feet in size.
• NGPE Tract A
• Designation: Master Planned Resort — Urban Shoreline
Designation
The Type 5 Stream shall be a Type 3
3. The conditions recommended by the Jefferson County Department of Public
Works on pages 4, 5, and 6 of their memo dated November 30, 2007 (Lot
Item �37) are incorporated into these recommended cond;itions of approval,
4. The final plat shall contain "Notice to Purchasers" consistent with those
depicted • the Lud�low Cove Division, I subdivision •
SUB95-00003.
Based on the requirements of Section 6,303 of the Subdivision Ordinance,
all easements for the purpose of ingress and egress, and/or utility installation
and maintenance, shall be established by recording a separate instrument,
or by declaration of easement dedication and shall be referenced and
graphically portrayed on the face of the plat. All easements of record shall be
shown on the final plat with the Auditor's File Number (AF) of the
easement(s) also referenced on the final plat. Required easements for utility
installation and maintenance shall conform to the standards of Subsection
7—
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A-4
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19PROWMIP i _F#X_9VJ#,V1�
separate recorded easement, declaration of easements, or dedication of
easements, and by graphic portrayal on the final long plat mylar.
6. The subdivision roads shall be constructed in substantial conformance with
the design shown on the plat map submitted October 24, 200'7.
7. Prior to commencing construction of roads on the site, the applicant shall
submit road and drainage plans to the Public Works Department for review
and: approval. The roads shall be designed and constructed in conformance
with, Public Works Department standards including the guidelines of the
American Association of State Highway and Transportation Officials
(AASHTO) and the standards of the Washington State Department of
Transportation (WSDOT) Highway Design and Hydraulics Manuals.
8. The easement dedicated for the 8 feet wide parallel utility easements shall
state that they may be used to maintain or repair the access road and that no
structures shall be located in the easements that would impair their function
as the roadway clear zone,
9. Prior to final plat approval, the proponent shall provide certification to the
Public Works Department from the project engineer that the roads have been
constructed as per approved plans.
10, The proponent shall obtain a Road Approach Permit from the Public Works
Department for access on to Paradise Bay road. The approach shall be
constructed to the standards set forth in the permit.
11. Based on the requirements of the Subdivision Ordinance (Section 6.404) a
RCW 58.17.280, addresses shall be assigned to all lots. Addresses may
shown, on the final plat or may be applied for at the time of building per
applications. Address plates for the lots shall be located in accordance wi
11
the provisions of the Jefferson County 911 Emergency Locator Syste
Ordinance.
12. Based on the requirements of Section 6.404 Subdivision Ordinance, the
roads serving the subdivision shall be named, and the name of the road shall
be shown on the final plat. It is required that the applicant consult the
Department of Public Works and fire and emergency response providers in
reference to signing and when selecting a name to avoid duplication of an
existing road name.
13. used on the requirements of Section 6.404 Subdivision Ordinance, all street
signs, traffic signs, and traffic striping shall be installed prior to final plat
approval.
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14. A Storm Water Site Plan that includes a Large Parcel Erosion Control Plan
and a Permanent Stormwater Quality Control Plan shall be submitted to the
Jefferson County Department of Public Works for review and approval prior
to commencing land disturbing activity. The Stormwater Site Plan shall apply
Minimum Requirements # 1 through 11 from the Washington Department of
Ecology Stormwater Management Manual for the Puget Sound Basin.
15, The proponent shall submit the Stormwater Site Plan to the Port Ludlow
Drainage District for review and comment, The Public Works Department will
consider the District's comments and incorporate them into the Site Plan as
appropriate to meet the standards of the Stormwater Management Manual.
16, The applicant shall provide documentation from the designing engineer that
erosion control practices including storm water quality control were fully
implemented during the construction phase, in accordance with the
Department of Public Works approved plans. The documentation shall be
submitted prior to final plat approval and will include copies of reports from all
monitoring during construction.
17. In order to meet the requirements of the Washington Department of Ecology
Stormwater Management Manual for the Puget Sound Basin and to ensure
that the approved stormwater management facilities function appropriately for
the life of the project, the proponent shall either:
• Enter into a Stormwater Management Facility Maintenance Agreement
with Jefferson County or,
• Enter into an agreement with the Port Ludlow Drainage District to allow
the District to enter the property and, as appropriate, inspect, operate,
maintain, repair, and replace the stormwater management facilities and
declare the agreement and necessary easements on the final plat.
18. After construction is complete, the proponent shall submit a letter from the
project engineer certifying that the stormwater management facilities have
been constructed as per the approved plans. The Department cannot give final
approval for the project until this certification has been received.
19 If no development of the lots is proposed at this time, the applicant shall statf-5
tinder "Notice to Potential Purchasers": I
"Prior to the commencement of any land disturbing
activities and prior to issuance of a building permit, a
Small Parcel Erosion and Sediment Control Plan shall
be developed to the standards of the Jefferson County
Stormwater Management Ordinance and be submitted
to the Department of Community Development for
review and approval. Temporary erosion control 136st
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Management Practices shall be approved by the
tepartment of Community Development and
implemented at all times during land disturbing
?.ctivities."
20. Construction of roads and storm water facilities and/or site disturbing activities
requires that the applicant subm it plans in accordance with the Department of
Public Work's plan review schedule, and, the applicant shall notify the
Department of Public Works during various phases of construction in
accordance with the department's inspection schedule. Typically the following
inspections are required.
• Installation • temporary erosion and sediment control measures;
• Clearing and road subgrade preparation;
Application of gravel base;
Application of compacted crushed surfacing top course;
Construction of storm water management facilities;
* Paving;
* Final plat review.
* Additional inspections may be necessary based on site-specific conditions
or the nature of the project.
Temporary erosion control methods for construction purposes (roads, facilities)
shall be approved by the Department of Public Works and employed during
construction. A set of approved plans shall be on site at all times during
construction.
21. Water main extensions and water system improvements that may be required
to service the development shall be installed prior to final plat approval.
Extensions and improvements shall be in conformance with the Ludlow Water
System Plan, The Jefferson County Coordinated Water System Plan and shall
include acknowledgment from Olympic Water and Sewer that water main
extensions have been certified in accordance with the provisions of Chapter
246-290-110(2) WAC.
1-2. Prior to final plat approval, documentation shall be submitted from OlympL"
Water and Sewer confirming and sewer systems have been constructed
accordance with applicable state and local standards, i
23. Performance surety may be posted in lieu of completion of construction as
provided by 6.60, Jefferson County Subdivision Ordinance. The applicant may
enter into a surety agreement with the Department of Public Works as an
alternative to complete installation of required improvements prior to final plat
approval. The surety may not exceed one (1) year, and must be in a form
acceptable to the County Prosecutor. Acceptable examples of sureties are
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available from the Department of Public Works. All sureties must be
accompanied by an estimate of the cost of all improvements, and the estimate
most be approved by the Department of Public Works prior to acceptance of
surety.
24. Prior to final plat approval, the applicant shall provide written evidence from
Fire Protection District #3, and the Jefferson County Consulting Fire Code
Inspector (Tom Aumock) that the final design and construction of the long
plat will be in compliance with the applicable provisions of the International
Fire Code, and the recommendations of the Fire District which are consistent
with State Law.
25. The applicant shall arrange for the inspection of all required improvements with
the Department of Public Works, the Planning Department, or Health
Department, whichever is responsible. Inspections shall be requested by the
applicant at such stages as indicated by the appropriate department.
26. In accordance with the applicable fee ordinance, the applicant shall pay all
costs of work incidental to approval of the subdivision before final approval is
granted.
27, The proponent shall submit a blue line copy of the final plat and lot closure
information prepared by a licensed surveyor to the Department for review,
The proponent shall make any corrections or additions prior to final approval.
After lot closures are approved by the Department final fees will be calculated
and submitted to the applicant for payment.
2& Upon certification that all conditions have been met, the applicant shall submit
a final Mylar of the plat to the Department of Public Works at least three days
in advance of approval by the Director • Public Works.
40, The applicant shall comply with all mitigation measures of the Final Mitigatev
Determination of Non-Significance issued by the Jefferson County SEP
Respo nsi ble Officia I on Aug ust 5, 2008 fo r th e pro posed plat of Lud low Ca
Divisin II. I
•,
31. The proponent shall establish an agreement for the continued maintenance
of the subdivision roads by recording a Road Maintenance Agreement with
the Jefferson County Auditor and referencing the Agreement on the final plat.
Prior to final plat approval, the proponent shall submit the Agreement to the
Public Works Department for review.
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32. The proponent shall include a sign plan within the road plans, Said sign pian
shall be implemented prior to final plat approval.
is
The request for preliminary plat/long subdivision approval and a shoreline substantial
development permit for Ludlow Cove Division 11 is hereby granted subject to the conditions
cAA, in the conclusions above.
ORDERED this 91h day of September, 2008.
ST]IfAEWK. -A
Hearing Examiner
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