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HomeMy WebLinkAbout112116_ca05kti�s°N c�G JEFFERSON COUNTY ti DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street, Port Townsend, WA 98368 ( Web: www.co.Jefferson.wa.us/communitydevelopment �ssNIN��10 Tel: 360.379.4450 Fax: 360.379.4451 1 Email: dcd co.'efferson.wa.us SquareONE Resource Center I Building Permits & Inspections I Development Review I Long Range Planning Jefferson County Board of County Commissioners Consent Agenda Request To: Board of County Commissioners Philip Morley Through: Patty Charnas, Director*i From: Michelle Farfan, Associate Planner Date: Consent Agenda for November 21, 2016 Subject: Final Plat Alteration for Schroeder & McGee Short Plat, MLA16-00009 / SUB16-00004 Statement of Issue: Final short plat alteration to remove two-party well easement and 10 -foot waterline easement; rescind the "Agreement to terminate and Modify Easements" and rescind the "Well Operation and Maintenance Agreement", and add additional language under "View Easement". The proposal is located at 500 and 520 Arabian Lane, Port Townsend. Requesting final approval by the Board per JCC Section 18.35.200 and RCW 58.17.215. Applicant is Margaret McGee & David Schroeder. Analysis: Staff determined that the application as submitted on February 9, 2016 met said criteria of Jefferson County Code (JCC) Section 18.35.680 and JCC 18.35.690. Approval was granted on June 6, 2016. All conditions of approval have been met and verified by each department as verified by signing the survey mylar and copies. Alternatives: The requested action is mandatory per RCW 58.17.215 and Jefferson County Code Section 18.35.690. Fiscal Impact: There is no identifiable fiscal impact related to this request for final plat alteration approval. Applicants have paid 2016 full year property taxes in the amount of $3,787.72. Recommendation: Per Jefferson County Ordinance and State Law, the department requests that the Board grant final short plat alteration approval. Reviewed by: I Philip Morley, Count Admin' trator r JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT UNIFIED DEVELOPMENT CODE TYPE II LAND USE PERMIT APPLICANT: DAVID H SCHROEDER MARGARET D MC GEE 500 ARABIAN LN PORT TOWNSEND WA 98368-9614 DATE ISSUED: June 06, 2016 DATE EXPIRES: June 06, 2017 MLA NUMBER: MLA16-00009 PROJECT PLANNER: Michelle Farfan PROJECT DESCRIPTION: Plat Alteration to remove two-party well easement and 10 -foot waterline easement; rescind the "Agreement to terminate and Modify Easements" and rescind the "Well Operation and Maintenance Agreement", and add additional language under "View Easement". The proposal is exempt under SEPA WAC 197-11-800(6). PROJECT LOCATION: Parcel No. 001-064-028 & 001-064-029 within the Schroeder & McGee Short Plat in Section 6, Township 30 North, Range 1 West, WM; 500 Arabian Lane, Port Townsend, WA CONDITIONS: 1.) Consistent with JCC 18.40.360(2)(b), any appeal of this ecision must be in writing within fourteen days of said decision and be submitted on or before 4:00 p.m. , 2016. 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 $956 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. 2.) CONSISTENT WITH RCW 84.56.345, AND RCW 58.08, CURRENT YEAR AND ALL DELINQUENT PROPERTY TAXES INCLUDING COMPENSATING TAX FROM OPEN SPACE PROGRAM SHALL BE PAID IN FULL PRIOR TO RECORDING THE STATEMENT OF INTENT. 3.) The purpose of this plat alteration shall be described on the face of the plat. 4.) 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 seven (7) 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. 5.) The following is the change made to Notice to Potential Purchasers Condition 5: "The 100 -foot sanitary control area for the indivudal wells shall be protected"... 6.) The following language shall be added to the mylar with said beneficiaries signature and notary: DECLARATION: Know all persons by these presents that the undersigned holds a record interest or lien with respect to the land described herein. Has been made aware of an application for a Plat Alteration impacting the boundary of said real property, and does voluntarily and knowingly consent and approve of its entry into the land records for Jefferson County through recordation of this survey with the Jefferson County Auditor. Authorized Representative (Print) Wells Fargo Bank, N.A. Job Title Signature 7.) The county assigned case numbers, MLA16-00009 / SUB16-00004 shall be referenced on the face of the final survey mylar in the upper right hand corner of each page. 8.) See "red -line" for changes to the department certificates. 9.) An updated plat certificate or supplement shall be submitted with the final blueline and shall be 30 days current. 10.) An accurate vicinity map shall be graphically portrayed on the face of the final plat. 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.) 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 for removal of well easement, well operation & maintenance agreement and modification to conditions of view easement for the Schroeder & McGee Short Plat. 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.) The purpose of the plat alteration is removal of well easement, well operation & maintenance agreement and modification to conditions of view easement for the Schroeder & McGee Short Plat. 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 Plan and the provisions of the Unified 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 Schroeder & McGee Short 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 Schroeder & McGee Short Plat and within 300 feet of the plat boundaries. The notice was mailed on February 24, 2016. Notice of application was published in the March 2, 2016 edition of the Port Townsend and Jefferson County Leader. The applicant posted the site on February 27, 2016 per signed and notarized Affidavit of Posting. 10.) Jefferson County Assessor's Office submitted comments on March 9 and March 14, 2016 and are hereby incorporated by reference. Jefferson County Health Department submitted comments on March 10 and May 24, 2016 and are incoporated by reference. 11.) 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, but consistent with RCW 90.58. Development pursuant to this permit shall be undertaken subject to the applicable policies and performance standards of the Jefferson County Shoreline Management Master Program and 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. Portions of Jefferson County, including marine environments are included as "critical habitat" for 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: - 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 The Federal Bald and Golden Eagle Protection Act requires landowners within 660 feet (1/8th of a mile) of an eagle nest to consult with the US Fish and Wildlife Service. This Eagle Act prohibits anyone from "taking" bald eagles. This federal law defines the term "take" and describes the possible legal consequences when a "take" occurs. Among other actions, "take" includes a disturbance of bald eagles or their habitat. Under federal law a permit may still be required for activities that impact bald eagles or their habitat. Contact the US Fish and Wildlife Service (http://www.fws.gov/pacific/eagle/) to learn more about how this law affects your project. 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, or the U.S. Fish and Wildlife Service. APPEALS: Pursuant to RCW 36.70C, 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. 1Q��Z Q__ - . 10 UDC dministra or j MLA16-00009 DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street I Port Townsend, WA 98368 360-379-4450 1 email: dcd@co.jefferson.wa.us XAAAAei nn inffnrenn ieiM iic/rnmmr^Invnlnmm�nt \\tidemark\data\forms\F_MLT_IssuePermit_U. rpt 6/6/2016 Page 3 of 3 JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street • Port Townsend • Washington 98368 2016 3601379-4450 • 360/3794451 Fax J wm.co.jeffetson.wa.us/commdevelopment DEPT. CF CT9`,�1"f Master Permit Application Ml-k.M-� Project Description (include separate sheets as necessary): 15,23 L-Ifi�q C Tax Parcel Number: r7 o L n/ 4-rD qg()o-r — F)L, V—,50 4 Property Size: l ©i-4— IO ac .d e 5 (acres/square feet) Site Address and/or Directions to Property: s0® Rr-,q 11"a i4 La 17-e a1 5 Property Owner(s) of Record: /),?z iii' j-} , P Telephone: _ 3�-- 3V yy Fax: Mailing Address: ApplicantiAgent (if different from owner): Telephone: Fax: Mailing Address: What kind of Permit? (Check each box that applies ❑Building ❑ Demolition Permit ❑ Single Family ❑ Garage Attached / Detached ❑ Manufactured Home D Modular ❑ Commercial* ❑ Change of Use ❑ Address ❑ Road Approach ❑ Home Business ❑ Cottage Industry ❑ Propane ❑ Sign ❑ Allowed "Yes" Use Consistency Analysis ❑ Stormwater Management ❑ Site Plan Approval Advance Determination (SPAAD) ❑ Temporary Use ❑ Wireless Telecommunication ❑ Forest Practices ActfRelease of Six -Year Moratorium * May require a Pre Rpplicadon Conference b'Un Lq email: n ❑ Critical Areas Stewardship Plan ❑ Variance (Minor, Major or Reasonable Economic Use) ❑ Conditional Use [C(a), C(d), or Cj ** ❑ Discretionary "D" or Unnamed Use Classification ❑ Special Use (Essential Public Facilities) ** ❑ Boundary Line Adjustment ❑ Short Plat ** ❑ Binding Site Pian ** E3 Long Plat ** ❑ Planned Rural Residential Development (PRRDyAmendments ** A Plat Vacation/Afteration ** ❑ Shoreline Master Program Exemption/Permit Revisions ** ❑ Shoreline Management Substantial Development "* ❑ Shoreline Management Variance ❑ Comprehensive Pian/UDC/Land Use District Map Amendment ❑ Jefferson County Shoreline Master Program Amendment ❑ Tree Vegetation Request Please identify any other local, state or federal permits required for this proposal, if known: I hereby designate OWNER my agent in matters rig to this Date: By signing this application form, the owner/agent attests that the information provided herein, and in any attachments, is true and correct to the best of his, her or its knowledge. Any material falsehood or any omission of a material fact made by the owner/agent with respect to this application packet may result in this permit being null and void. I further agree to save, indemnify and hold harmless Jefferson County against all liabilities, judgments, court costs, reasonable attorney's fees and expenses which may in any way acme against Jefferson County as a result of or in consequence of the granting of this permit I further agree to provide access and right of entry to Jefferson County and its employees, representatives or agents for the sots purpose of application review and any required later inspections. Staffs access and right of entry will be assumed unless the applicant informs the County in writing at the time oft lication that heor a wants prior notice. _ ,7 Signaturl ML G Date: b The action or actions Applicant will undertake as a result of the issuance of this permit may negatively impact upon one or more threatened or endangered species and could lead to a potential "talcs' of an endangered species as those terms are defined in the federal law known as the 'Endangered Species Act' or "ESA." Jefferson County makes no assurances to the applicant that the actions that will be undertaken because this permit has been issued will not violate the ESA. Any individual, group or agency can file a lawsuit on behalf of an endangered species regarding your action(s) even if you are in compliance with the Jefferson County development code. The Applicant acknowledges that he, she or it holds individual and non -t sferable r �nsjbl(ty for adhering to and complying with the ESA. The Applicant has read this disda' er an signs and dates it below. Sign aturn r n � C.�2.r &t) r19, _ ,l a J DlA ,( ©�_ ne� � � Data: J-- / " / G:\PesmitCenter\###FORMS###\DRD FORMS\Mesar Permit Application 5-29 0$_doc DEPARTMENT OF COMMUNITY DEVEL�- 621 Sheridan Street, Port Townsend, WA 98368 Tel: 360.379.4450 1 Fax: 360.379.4451 i Web: www.co.iefferson.wa.us/communitydevelopment E-mail: dcd@co.iefferson.wa.us FEB 9 2016 ii SUPPLEMENTAL APPLICATIOl'IDr- 1� + �, ��R�i�,n PLAT VACATION /ALTERATION - - - MLA# PROJECT/APPLICANTNAME: David Schroeder and Margaret McGee Submittal Requirements 1. A completed Master Permit Application. Representative authorization is required if application is not signed by owner. 2. Plat Alteration/Vacation fee, as set forth in the Jefferson County Fee Ordinance, as amended. 3. Current title company certification/plat certificate. 4. a. For a plat vacation, signatures of all parties having an ownership interest in that portion of the short plat, long plat, or binding site plan subject to the proposed vacation; or b. For a plat alteration or replat, signatures of a maiority of those parties having an ownership interest of the lots, tracts, parcels, sites or divisions in the subject short plat, long plat or binding site plan, or portion to be altered. 5. A copy of any covenants conditions and restrictions (CC&Rs), deed restrictions, easements, planned rural residential development (PRRD) agreements, or other encumbrances restricting the use of the property. 6. Five (5) paper copies of the plat map and any surveys of record, with proposed alteration(s) or vacation(s) depicted in red ink. 7. Any additional information reasonably deemed necessary by the Administrator to evaluate the proposed alteration or vacation. 8. Describe the proposed alteration(s) or vacation(s) and the purpose(s) for the request. (Attach additional sheets, if necessary.): Revise the view easement language on Lot 1, and remove the waterline easement near the northeast corner of Lot 2, and remove any reference to two-party well. For detailed plat alterations, see the preliminary Schroeder & McGee Short Plat Alteration that accompanies this application. In conjunction with these alterations, rescind the "Agreement to Terminate and Modify Easements" (AFN 587250) and the "Well Operation and Maintenance Agreement" (AFN 562337). The document to rescind AFN 587250 accompanies this application. The document to rescind AFN 562337 will be prepared by the Department of Environmental Health and Water Quality. g. Is the short plat, long plat or binding site plan adjacent to the right-of-way of a state highway or within two (2) miles of the boundary of a state or municipal airport. If yes, Department of Community Development staff shall send Notice of Application to the Secretary of Transportation for review and comment. Yes No 0 10. Is the short plat, long plat or binding site plan located within one (1) mile of a city or county boundary. If yes, Department of Community Development staff shall send Notice of Application to the affected city or county for review and comment. UYes No 11. Would the application for alteration or vacation result in the violation of a covenant? If yes, the application shall contain an agreement signed by all parties subject to the covenant(s) providing that the parties agree to terminate or alter the relevant covenant(s) to accomplish the purpose of the alteration or vacation of the plat or binding site plan, or portion thereof. Yes • No kmj 12. Would the application for alteration or vacation result in the violation of any deed restrictions, easements, planned rural residential development (PRRD) agreements, covenants conditions and restrictions (CC&Rs) or other encumbrances restricting the use of the property? /, �/ i Yes n No rh JS 'ZC C1, Ile( r`— !'rUL'l 6 r Is any land within the proposed alteration or vacation within the limits of an assessment district? OYes O No Does any of the land within the proposed alteration or vacation contain a dedication to the general use of persons residing within the short plat, long plat, or binding site plan? OYes O No The applicant(s) hereby certifies that all the above statements are true and that the plot plan provides an accurate representation of the proposed alteration or vacation, and the applicant(s) hereby acknowledges that any permit issued on this qppii,cation may be revoked if any such statement is found to be false. z r A tCIC T'S SIG A URE (AND PARCEL NUMBER) DATE PROPERTY OWN R'S SIGNATURE (AND PF fLL PROPERTY OWNERS SIGNATURE (AND F PROPERTY NUMBER) NIS SIGNATURE (AND PARCEL NUMBER) ER'S SIGNATURE (AND PAR L NUMBER) DATE DATE 06`f -62q) F4 Zrf�2nl4 DATE DATE (NOTE: For all required signatures, representative authorization is required if application is not signed by the owner.] Lam, x=8232016 I JEFFERSON COUNTY DEPT. OF COMMUNITY DEVELOPMENT Page 2 Is any land within the proposed alteration or vacation within the limits of an assessment district? 0 Yes (�) No Does any of the land within the proposed alteration or vacation contain a dedication to the general use of persons residing within the short plat, long plat, or binding site plan? OYes k.No The applicant(s) hereby certifies that all the above statements are true and that the plot plan provides an accurate representation of the proposed alteration or vacation, and the applicant(s) hereby acknowledges that any permit issued on this ation may be revoked if any such statement is found to be false. L A C T'S SIG A URE (AND PARCEL NUMBER) DATE PROPERTY S SIGNATURE (AND PP NUMBER) PROPERTY OWNER'S SIGNATURE (AND PARCEL NUMBER) PROPERTY OWNER'S SIGNATURE (AND PARCEL NUMBER) PROPERTY OWNER'S SIGNATURE (AND PARCEL NUMBER) DATE DATE DATE DATE [NOTE: For all required signatures, representative authorization is required if application is not signed by the owner.] D FFS 2 3 2010" JEFFERSON COUNTY DEPT. OF COMMUNITY DEVELOPMENT Page 2