HomeMy WebLinkAbout030915_ca10Consent Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Carl Smith, Director A-
Colleen Zmolek, Associate Planner V
DATE: March 9, 2015
SUBJECT: Final Approval for Villas by the Sea Plat Alteration, MLA14 -00049 / SUB04 -00005
ATTACHED:
1) Plat Alteration Survey
2) Administrative Summary Decision
3) Preliminary Short Plat Approval
STATEMENT OF ISSUE:
Requesting final approval by the board for plat alteration of Villas by the Sea long plat to remove the
language of the long plat designated "Phase 2, future Multi - Family Development" to allow instead for a
single parcel in its place for Single Family Residential development. Requesting final approval by the Board
per JCC Section 18.35.690, RCW 58.17.215 and RCW 64.04.175. Applicants are Robert and Janice Baker,
BACKGROUND:
Jefferson County Department of Community Development, Public Works, Environmental Health, Assessor
and the Treasurer determined that the application as submitted on July 8, 2014 met said criteria of Jefferson
County Code (JCC) Section 18.35.690 in written Findings and Conclusions dated February 30, 2015.
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 are proposed subdivision or proposed short subdivision is in conformity
with applicable zoning ordinance or other land use controls which may exist.
ALTERNATIVES:
The requested action is mandatory per RCW 58.17.215.
FISCAL IMPACT /COST- BENEFIT ANALYSIS:
There is no identifiable fiscal impact related to this request for final plat approval.
RECOMMENDATION:
Per Jefferson County Ordinance and State Law, the department requests that the Board grant final short plat
approval and adopt the written findings and conclusions.
REVIEWED BY:
3
orley, C my dministrator Date
JEFFERSON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
UNIFIED DEVELOPMENT CODE
TYPE 11 LAND USE PERMIT
APPLICANT, ROBERT BAKER
PO BOX 22
BRINNON WA98320-0022
DATE ISSUED: January 31, 2015
DATE EXPIRES: January 31, 2016
IVILA N U MBER., M LAI 4-00049
PROJECT PLANNER: Colleen Zmolek
PROJECT DESCRIPTION:
Plat alteration of the Villas by the Sea long plat to remove the language of the Long Plat
designated "Phase 2, Future Multi-Family Development" to allow instead for a Single Parcel in its place for Single
Family Residential development. The parcel shall become lot 26 of Villas by the Sea Plat and will not subject to the
Conditions, Covenants and Restrictions contained in the Villas by the Sea Homeowner's Association Declaration. This
is a Type 11 Permit Application that is exempt from SEPA review.
PROJECT LOCATION:
VILLAS BY THE SEA PHASE 11 SUBDIVISION 9979, QTR SE S1,T29,RIW LAND USE 9100- PLANNING AREA 4
CONDITIONS:
1,) The purpose of this plat amendment shall be depicted on the face of the plat.
2,) Under Declaration and Dedication, all beneficiaries of any Deed of Trust on Lot 26 shall also sign off on the
plat.
3.) Upon issuance of this decision and provided there are no appeals of said decision, the applicant/surveyor shall
be responsible to have an amended mylar prepared with suggested revisions, according to the county and state
regulations and submit 6 paper copies of said mylar to this department for distribution and review by county
agencies. Applicant is responsible for submitting mylar recording fee payable to the Jefferson County Auditor at
time of submittal of mylar. Certificates for signatures by the Jefferson County Department of Public Works,
Jefferson County Environmental Health Department, Jefferson County Department of Community Development,
Jefferson County Treasurer, Chairman Jefferson County Board of Commissioners, and Clerk of the Board shall
be depicted on the face of the amended plat.
4.) Consistent with JCC 18.40.360(2)(b), any appeal of this decision must be in writing within fourteen days of said
decision and be submitted on or before 4:00 p.m. September 21, 2006.
Consistent with JCC 18.40.360(5) the appeal must comply with the following procedures:
1) A notice of appeal shall be delivered to the Administrator by mail or by personal delivery, and must be
received by 4:00 p.m. on the last business day of the appeal period, with the required appeal fee of $995
pursuant to the Jefferson County Fee Ordinance:
2) The name, address and phone number of the appellant and his/her interest in the matter,
3) Appellant's statement describing standing to appeal (i,e,, how he or she is affected by or interested in the
decision)�
4) The specific reasons why the appellant believes the decision to be wrong. The appellant shall bear the
burden of proving the decision was wrong;
5) The desired outcome or changes to the decision;
6) A statement that the appellant has read the appeal and believes the contents to be true, signed by the
appellant.
Any notice of appeal not in full compliance with the above procedures shall not be considered.
CONDITIONS:
I. Sheet 1 of 5 of the survey the following items need to be addressed:
• Under APPROVALS:
DIRECTOR OF PUBLIC WORKS CERTIFICATE: (In the first sentence)
I hereby certify to the best of my knowledge that this (delete) final plat (add) Plat Alteration is in compliance
DEPARTMENT OF COMMUNITY DEVELOPMENT ADMINISTRATOR'S CERTIFICATE
I hereby certify on this _day of 2014, That this (delete) final plat (add) Plat Alteration
COUNTY TREASURE'S CERTIFICATE:
All state and county taxes levied against this plat alteration has been paid as required by Chapter 58.08 RCW,
• Delete Preliminary
• Add MLA14-00049 / SUB14-00005
2. Sheet 2 of 5 of the survey the following items need to be addressed:
• The turnaround aprons lot 6 should be changed to the same location on sheet 3 located on lots 24 & 21
• Add lot numbers for lot 18 and lot 17,
Under Legend shoreline setback Sheet (change to) 3 of 5. (Sheet numbers have changed)
Under Notes change note 4 to correct sheet numbers from see sheet 2 and 3 3 and 5 for setback
dimensions.
• On lot 10 change sheet number See notice # 7 Sheet 3 Sheet 5
• The original plat had a dotted line on lot 10, 11 and open space add the same to the plat alteration survey.
• Bottom of the sheet change the sheet number 10" Wide Power Easement See Page 2 change to Page 3,
• Delete Preliminary
Add 1MLA14-00099 / SUB14-00005
3. Sheet 3 of 5 of the survey the following items need to be addressed:
• Add lot numbers to 18 and 17.
• Delete Preliminary
• Add MLA14-00099 / SUB14-00005
4. Sheets 4 of 5 and 5 of 5 the following items need to be addressed:
• Delete Preliminary
• Add MLA14-00099 / SUB14-00005
5. Assessor's Office
After reviewing this proposed action, I have the following comment(s):
• 1 have no problem with the change of the wording on the face of the altered plat, however, it might be good
to have a note on the survey stating that the plat alteration changes the identification of the parcel.
• For the record, I did not run all of the bearings and distances of the whole plat
6. Environmental Health
Healths comments for this project,
• DOH suggested that an easement be done for the community drainfield laterals that were found to be on
this subject property, 2) DOH also suggests the community drainfiield owner should fence off or otherwise mark
the portion that encroaches, 3) Jefferson County Environmental Health requires that the community drainfield
encroachment be located and shown on the final survey or at a minimum add language that the northern portion
of proposed lot 26 has such an encroachment.
• The following language must be included; The community drainfield owner has the right to maintenance,
construction, reconstruction, repair and upkeep of a primary and reserve drainfield, including the cutting and
removal of brush, trees and other obstructions which interfere with the use of said easement, together with the
rights of ingress, egress, and regress, over, under, along and across the described portion of the property.
• Please have the surveyor provide a draft copy of this language for department approval before placing on
the survey.
_111-kill
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.) Jefferson County determined that this proposal is categorically exempt from review under the State
Environmental Policy Act (SEPA) pursuant to WAC 197-11-800(6)(a),
3,) This approval is for a plat alteration to remove the language of the Long Plat designated "Phase 2, Future
Multi - Family Development" to allow instead for a single Parcel in its place for Single Family Residential
development of the Villas by the Sea Long Plat only. Any future permits on this site are subject to review for
consistency with applicable codes and ordinances and does not preclude review and conditions which may be
placed on future permits.
4.) Plat alteration of the Villas by the Sea long plat to remove the language of the Long Plat designated "Phase 2,
Future Multi-Family Development" to allow instead for a Single Parcel in its place for Single Family Residential
development, The parcel shall become lot 26 of Villas by the Sea Plat and will not subject to the Condiitions,
Covenants and Restrictions contained in the Villas by the Sea Homeowner's Association Declaration,
5.) The proposed plat alteration conforms to all applicable county, state and federal land use, environmental and
health regulations and plans, including but not limited to the Jefferson County Comprehensive Plain and the
provisions of the U;nified Development Code,
6) Possible significant adverse environmental impacts of the proposed plat alteration have been considered and
determined the alteration will not result in an unacceptable adverse effect upon the quality of the environment.
7.) Approval of the proposed plat alteration will serve the public use and interest and provide provision for
maintaining the public health, safety and general welfare.
8.) None of the notified lot owners within the Villas by the Sea Long Plat nor any party of interest requested a public
hearing regarding this plat alteration. Consequently, no notice of public hearing has been given.
9,) The Department of Community Development sent notice to all lot owners within the The Villas by the Sea Long
Plat. The notice was mailed on August 27, 2014.
Notice of application was published in the August August 27, 2014 edition of the Port Townsend and Jefferson
County Leaderr.
The applicant posted the site on August 25, 2014 per signed and notarized Affidavit of Posting.
10.) Jefferson County Dept, of Public Works submitted a statement on August 22, 2014 that they have no comment
on this application.
Jefferson County Assessor's Office submitted a statement on November 12, 2014 they had no comment with
the proposed language change toi plat.
Jefferson County Health Department submitted a statment on September 4, 2014 and December 4, 2014 and
are incoporated by referenrice to required conditions.
11.) Villas by the Sea long plat was approved on October 18, 1993 and finaled on November 27, 1996.
APPEALS:
Pursuant to RCW 36,700, the applicant or any aggrieved party may appeal this final decision to the Hearing Examiner within
fourteen (14) calendar days of the date of issuance of this land use decision. For more information related to administrative
appeals see JCC 18.40.330.
UDC Administrator
MLA14-00049
\%demari6dataVormis . T—M LT_ I s s ue P e rm it—U. rpt 1/3112015
Page 3 of 3
FINDINGS AND CONCLUSIONS FOR
ADMINISTRATIVE SUMMARY DECISION
Villas by the Sea Long Plat
PLAT ALTERATION
MI.,AI4-00049/SUB14-00005
Proposal: Plat alteration of the Villas by the Sea long plat to remove the language of
the Long Plat designated "Phase 2, Future Multi-Family Development" to
allow instead for a Single Parcel in its place for Single Family Residential
development. 'rhe parcel shall become lot 26 of Villas by the Sea Plat and
will not subject to the Conditions, Covenants and Restrictions contained in
the Villas by the Sea Homeowner's Association Declaration.
Applicant: Robert and Janice Baker
PO Box 22
Brinnon, WA 98320-0022
Property Location: The proposal site is located at 21 Grandview Drive,
Port Hadlock WA, 98339.
Legal Description: Parcel Numbers 997 900 100, 997 900 116, 997 900 015, 997 900 014,
997 900 013, 997 900 012, 997 900 011, 997 900 010,
997 900 100, 997 900 001, 997 900 002, 997 900 003, 997 900 004,
997 900+005, 997 900 006, 997 900 007, 997 900 008, 997 900 009,
997 900 017, 997 900 018, 997 900 019, 997 900 020, 997 900 021,
997 900 021, 997 900 022, 997 900 023.997 900 024, 997 900 025
Villas by the Sea Plat, Lots 1, through 25 and open space area.
That Portion of Government Lot 3, Section I, Township 29 North,
Range I West, WM.
Property
Description: The plat is substantially developed. Of the 25 lots within the plat 10 have
residential development. Eight lots are located adjacent to the shoreline.
The plat contains open space designation for the community septic system
that serves the plat. 'rhe plat is substantially cleared of vegetation and
generally flat with areas of contour rising from 43 feet to 70 feet.
Community Plan: The Jefferson County Comprehensive Plan Land Use Map designates the
site as Rural Residential 1:5.
Surrounding Area: The surrounding parcels range in size from small lots to the south of the
Baker Ptat Alteration
M LA 14-00049 1-" SUB 14-00049 Page 1 of 5
subject parcel to,larger parcels to the west and east, Parcels to the cast have
historically established uses for a hotel, restaurant and marina. Several of the
surrounding parcels have existing houses.
Applicable Goals and Policies:
Jefferson County Comprehensive Plan
Chapter 3, "Rural Residential Land tJse Policies", pages 3-47 to 3-49.
Chapter 3, "Transportation Policies", page 3-61.
Chapter 3, "Rural Character Policies", 3-61 to 3-64.
Applicable Ordinances:
Ordinance No, 11-1218-00, Jefferson County Unified Development Code (also known as "Title
18 Jefferson County Code)
SEPA: The proposed plat alteration is categorically exempt from environmental review. (WAC
197- 11-800(6)(a).
Notice Information: Mailed to county agencies and adjacent property owners August 27, 2014,
Published in the August 27, 2014 edition of the Jefferson County-Port Townsend Leader,
Applicant posted site on August 25, 2014 per Affidavit of Posting Notice.
Testimony: No written and/or verbal testimony was received.
Agency Responses:
• County Public Works Department: Responded on August 22, 2014 that they had no
comments on the proposal.
* County Health Department: Written comments dated September 4, 2014 and December
4, 2014 are hereby incorporated by reference,
* Jefferson County Assessor's Office: Written comments dated November 12, 2014 are
hereby incorporated by reference.
• Jefferson County Fire District 1: No comment received.
Chiniacurn School District 49: No comment received.
Public Utility District 1: No comments received.
• Jefferson County Sherriff: No comments received.
Staff Findings:
1. The proposal is to remove the language of the Long Plat designated "Phase 2", future
Multi- family Development" to allow instead for a Single Parcel in its place for Single
Family Residential Development.
2. The proposed Plat Alteration is subject to the policies of the Jefferson County
Comprehensive Plan.
Baker Plat .Alteration
MLA14-000491 SUB14 -00049 Page 2 of 5
3. The proposed Plat Alteration is subject to the requirements of Sections 18,35 of the
Jefferson County Code (JCC), Alterations of a Long Plat are allowed under JCC
18.35,670 Article V11 Plat Alterations. The applicable criteria and requirement are
discussed below.
4. A current title company certification/plat certificate was submitted along with signatures
of a majority of parties having ownership interest, including deeds of trust, of the lots
within the Villas by the Sea plat.
5. The parcels have been ties i gnated as Rural Residential RR 1:5 under Jefferson County
Comprehensive Plan Land Use Map effective August 28, 1998, and as amended.
6. The Villas by the Sea Long Plat was approved on October 18, 1993 and finaled on
November 27, 1996. 1"he plat was recorded under AFN number 396484.
7. The 25 lots with the plat currently have 10 residential developments.
8. The Plat Alteration shall not serve as rationale for a future re-zone application.
9. The application was submitted on forms acceptable to the County on July 8, 2014 and
deemed substantially complete on August 5, 2014
10. The proposed Plat Alteration is categorically exempt from SEPA environmental review
(►AC 197-11-800(6)(a).
It. Jefferson County Code 18.35.670,9109b0 Purposes allows "revisions of lot line, lots,
notice to purchasers, or easements established in a recorded plat," The request to revise
the subject Long Plat is consistent with this section since the purpose of the alteration is
delete the language of the I...ong plat designated Phase 2", Future Multi-Family
Developinent" to allow instead for a Single Parcel in its place for Single Family
Residential development.
12. 'rhe proposal was processed as Type 11 land use decision as required under Jefferson
County Code 18.35.690(9 ).
13. "I'he proposal was duly noticed to the public as required under Jefferson County Code
18.35.690(2). No written or verbal comments were received from the general public or
adjacent property owners.
14, Agency comments were solicited from those listed and required under Jefferson County
Code 18.35.690(3). All agency comments received are incorporated into the conditions
of approval where appropriate.
15. The submitted Plat Alteration complies with all relevant criteria under Article VII Plat
Allerations of the Jefferson County Code.
16. Staff has reviewed and requested corrections to submitted drafl, Plat Alteration as noted
in the conditions section below. A corrected version of the plat Map shall be the basis
for the blue line draft to be reviewed by County departments before final amended Plat
is approved and recorded. As conditioned, the proposal meets this requirement,
STAFF RECOMMENDATION:
Based on the preceding findings and conclusions, staff recommends finding that the proposal is
consistent with the applicable plans and ordinances and that it meets Jefferson County Code
18.35.690 review process and criteria. Approval of the Plat Alteration for The Villas by the Sea
Long Plat should be granted subject to the following conditions.
Baker Plat Alteration
MLA 14-00049 / SUB 14 -00049 Page 3 of 5
CONDITIONS:
After reviewing this proposed action, I have the following comment(s):
* Add a note on the survey stating that the plat alteration changes the identification of the
parcel,
2. Department of Community Development:
On all sheets of the plat survey please chnge the MLA number from MLA14-00099 to:
MLA14-00049 / SUB 11�4-00005.
3. Applicant is responsible for submitting the amended myla,r prepared with suggested
revisions, and submit 4 paper copies of said mylarto this deparmtrit for distribution and
review by county agencies,
4. Applicant is responsible for submitting mylar recording fee of $138 payable to the
Jefferson County Auditor,
5. Certicates for signatures by the Jefferson County Department of Public Works,
Jefferson County Environmental Health Department, Jefferson County Department of
Community Development Jefferson County Treasurer, Chairman Jefferson County Board
of Commissioners, and Clerk of the Board shall be depicted on the face of the amended
plat.
6. Consistent with Chapter 18.40.330(2)(b) JCC, any appeal of this decision must be in
writing within fourteen (14) days of said decision.
7. Consisent with Chapter 18.40.330(5) JCC the appeal must comply with the following
procedures:
& A notice of appeal shall be delivered to the Administrator by mail or by personal
delivery, and must be received by 4:00p.m. on the last business day of the appeal period,
with the irequired fee of $1,017.00 pursuant to the Jefferson County Fee Ordinance;
9. The notice of appeal shall contain a concise statement identifying:
i. The decision being appealed and the identification of the application which is the
subject of the appeal;
ii. The name, address, and phone number of the appellant and his/her interest in the
matter.
iii. Appellant's statement describing standing to appeal (i.e,, how he or she is affected:, by
or interested in the deciisi,on);
iv. The specific reasons why the appellant believes the decision to be wrong. The
appellant shall bear the burden of proving the decision was wrong;
v. The desired outcome or changes to the decision; and
vi. A statement that the appellant has read the appeal and believes the contents to be
true, signed by the appellant.
Any notice of appeal not in full compliance with this Section shall not be considered.
Baker Plat Alteration
MLA 14.00049 / SUB 14-00049 Page 4 of 5
Dated December 12, 2014
Prepared by Colleen Zmolek, Associate Planner and project planner for this application
Jefferson County Department of Community Development
Baker Plat Alteration
MLA 14-00049 / SUB 14-00049 Page 5 of 5