HomeMy WebLinkAboutMLA18-00043 FPA18-00002 Signed Permit't JEFFERSON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
UNIFIED DEVELOPMENT CODE
01 TYPE II LAND USE PERMIT
APPLICANT: CATHERINE CARMELLA
112 SOUTH 296 PLACE
FEDERAL WAY WA 98003
DATE ISSUED: June 18, 2018
DATE EXPIRES: June 18, 2019
MLA NUMBER: MLA18-00043
CASE NUMBER: FPA18-00002
PROJECT CONTACT: Emma Bolin
PROJECT DESCRIPTION:
Release from a six-year development moratorium including stormwater management permit and State Environmental Policy Act
(SEPA) Review. The applicant requests a release from the mandatory six-year development moratorium placed on Department of
Natural Resources (DNR) Forest Practice Application (FPA) timber harvest approvals. The applicant requested a one -acre release of
land from the approximate six -acre parcel for a home site to build a single family residence and associated residential development.
The property's previous owner, Neilton Landscaping received a Class II Forest Practices Application in November 2014 and harvested
between 2016 and 2017. The applicant purchased the property in December 2016. A release for a single family residence is limited to
one designated acre. The single family development proposed is less than one acre and includes a 3,170 square foot driveway, 1,500
square foot residence, 1,250 square foot garden, and installation for a septic system and stormwater dispersion structures in the central
and north western areas. The remainder of the site, with the exception of a Category III wetland and surrounding undisturbed area, will
be replanted with native plants and will remain under the six-year FPA moratorium until expiration in November 2020. A Wetland
Delineation by Marine Surveys and Assessments delineated a Category III wetland buffer in the northeast corner of the parcel that
requires a 110 -foot buffer.
PROJECT LOCATION:
Parcel number 002 283 032, Section 28 - Township 30N - Range IW, located at 30 Sunshine Dr, Sequim, WA 98382
CONDITIONS:
1.) The release of the FPA moratorium is only for the areas identified on the site plan proposed for residential development not
to exceed one acre. The remaining area shall be subject to FPA development moratorium until expiration in November 2020
and shall be replanted in native vegetation including tree species.
Among the native conifer species which may be used in buffers or for re -vegetation include, but are not limited to: Grand
Fir (Aibes grandis), Sitka Spruce (Picea sitchensis), Shore Pine (Pinus contorta), Douglas Fir (Pseudotsuga menziesii),
Western Red Cedar (Thuja plicata), and Western Hemlock (Tsuga heterophylla).
Among native tree species which may be used includes: Vine Maple (Acer circinatum), Big -Leaf Maple (Acer
macrophyllum), Red Alder (Alnus rubra), Pacific Madrone (Arbutus menziesii), Quaking Aspen (Populus tremula), Black
Cottonwood (Populus trichocarpa), Bitter Cherry (Prunus emarginata), Oregon White Oak (Quercus garryana), Cascara
(Rhamnus purshiana), Pacific Willow (Salix lasiandra), and Scouler's Willow (Salix scouleriana).
Among the native shrub species which may be used are: Sevice-Berry (Amalanchier alnifolia), Red Osier Dogwood (Cornus
stolonifera) Salal (Gaultheria shallon), Ocean Spray (Holodiscus discolor), Indian Plum (Oemlaria cerasiformis), Pacific
Ninebark (Physocarpus capitus), Red Flowering Currant (Ribes sanguineum), Wild Rose (Rosa nutkana), Swamp Rose (Rosa
pisocarpa), Willows (Salix ssp.), Red Elderberry (Sambucus racemosa), Snowbeny (Symphoricarpos albus), Evergreen
Huckleberry (Vaccinium ovatum), Red Huckleberry (Vaccinium parvifolium).
2.) Future residential development shall require a separate review with applicable permits.
3.) A setback of 110 -feet, measured perpendicularly from the wetland edge, shall be permanently maintained as a buffer. No
filling, grading, clearing, or other alteration of the wetland or its buffer is allowed.
4.) The Marine Surveys and Assesssments biologist shall flag the wetland and the wetland buffer location on the site prior to
development.
5.) Buffer perimeters shall be marked with temporary signs at an interval of one per parcel or every one hundred
(100) feet, whichever is less. Signs shall contain the following statement: "Wetland & Buffer - Do Not Remove
or Alter Existing Vegetation."
6.) A permanent physical separation along the upland boundary of the wetland buffer area shall be installed and permanently
maintained. Such separation can include installing logs, trees, a hedgerow, or any other prominent physical marking approved
by the UDC Administrator.
7.) The applicant shall revise the site plans submitted for the septic and building permit applications to include the location of the
wetland and wetland buffer consistent with the Marine Surveys and Assessments wetland delineation.
8.) The project shall adhere to the Best Management Practices (BMPs) to control stormwater, erosion and sediment during
construction. BMPs shall address permanent measures to stabilize soil exposed during construction, and in the design and
operation of stormwater and drainage control systems.
9.) The applicant submitted a Stormwater Pollution Prevention Plan that was reviewed and approved by the Department of
Community Development. Once the subject permit has been issued the applicant shall fully implement the provisions of the
submitted plan. No clearing for roadways or utilities shall occur on the project site until clearing necessary for the installation
of temporary sedimentation and erosion control measures have been completed.
10.) Any area cleared or graded and not covered with gravel or an impervious surface shall be seeded immediately on completion
of the project. If erosion is probable, areas with exposed soil shall be protected by temporary means during and following
construction until seeding is established. All disturbances should at least be revegetated with grasses and forbs; including
shrubs and trees as appropriate in the revegetation effort. Use of plant species native to the county is encouraged.
11.) Natural vegetation shall be retained to the maximum extent possible in construction and operation of any use. All
development shall ensure that soil erosion and sedimentation of drainage ways will be controlled to prevent damage to
adjoining property and downstream drainage channels and receiving waters.
12.) Selectively salvage the upper six to 12 inches of topsoil, stockpile it, and respread over all disturbed areas to be revegetated.
Excess excavated material, if not retained on-site, must be disposed of at a permitted site approved by the administrator.
13.) Prior to commencing land disturbing activity, the applicant shall contact Washington State Department of Ecology in order
for Department of Ecology to determine if a Construction Stormwater General Permit is required for this project. If permit is
required, the applicant shall comply with all conditions set forth by Department of Ecology. Contact Chris
Montague-Breakwell, cmon461@ecy.wa.gov for more information.
14.) This approval is for a Stormwater Management Permit to clear 9,320 square feet of timber convert to residential use through
Class IV general forest practices 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.
15.) The site plan as submitted with the Stormwater Management Permit to clear 9,320 square feet of timber to convert to
residential use through class IV general forest practices application on May 16, 2018 has been reviewed for consistency
under the UDC, and has been approved by Jefferson County Department of Community. Any modifications, changes, and/or
additions to the stamped, approved site plan dated June 18, 2018 shall be resubmitted for review and approval by Jefferson
County Department of Community Development.
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.) The application was reviewed by the Jefferson County Department of Community Development staff on January 24, 2018 for
the potential presence of Environmentally Sensitive Areas (ESAs) under the provisions of the Unified Development Code
(UDC). After an initial Geographic Information Systems mapping review and an investigative site inspection, the following
ESAs were confirmed to be present on the subject property: Category III wetland and seismic hazard area.
3.) Geologically Hazardous Areas in Jefferson County are characterized by slope, soil type, geologic material, and
groundwater that may combine to create problems with slope stability, erosion, and water quality during and
after construction or during natural events such as earthquakes or severe rainstorms.
4.) The Comprehensive Plan Designation for the parcel is Rural Residential One Dwelling Unit to Five Acres (RR1:5).
5.) The applicant consulted with the Jefferson County Department of Community Development at a pre -application conference
on January 25, 2018.
6.) Staff conducted a site visit on June 11, 2018.
7.) DCD received the application on May 16, 2018 for a partial release from Forest Practices Act moratorium, stormwater
management permit, and SEPA checklist. DCD deemed the application substantially complete on May 21, 2018.
8.) In accordance with JCC 18.30.160(5)(c)(v) staff requested review and comments on the application and Environmental
Checklist through Notice of Application and Pending SEPA Determination sent to adjacent property owners within 500 feet
of the subject property and to the following agencies:
•Dept, of Ecology ■SEPA Unit — ECY
-Dept. of Archaeological and Historic Preservation ■Dept. of Natural Resources
■Skokomish Tribe ■Jefferson County Dept. of Environmental Health
'Point No Point Tribe ■Jefferson County Dept. of Public Works
■Suquamish Tribe -JC Assessor's Office
-Jamestown S'Klallam Tribe ■Sequim School District
-Port Gamble S'Klallam -Fire District 5
-Jefferson County PUD ■Port of Port Townsend
■SEPA Center DNR ■Port Townsend Leader
-SEPA Center WDFW ■Peninsula Daily News
Public Notice of Type II Land Use Application and Pending SEPA determination:
• Notice of Application mailed to adjacent property owners & agencies: May 29, 2018
• Posting of Notices by applicant/representative: May 24, 2018
• Publication of Legal Notices: May 30, 2018 (Port Townsend -Jefferson County Leader)
■ Comment period was open for 14 calendar days (per JCC 18.40.220) through May 30, 2018
SEPA Final Determination of Non -Significance and Lead Agency Status
■ Issued Final Determination of Non -Significance on June 18, 2018
9.) Comments Received: Jamestown S'Klallam Tribe commented that the tribe has no information regarding cultural resources
located within the project Area of Probable Encounter. However, should the scope change or if new data is revealed during
implementation, the tribe wishes to be notified.
Department of Ecology indicated a Construction Stormwater General Permit may be required from the Department of
Ecology.
10.) The property's previous owner, Neilton Landscaping received a Class II Forest Practices Application in November 2014
from Washington Department of Natural Resources under Permit # 2613307. The harvest took place between 2016 and 2017.
11.) The proposal is a request for a release of a Mandatory Six -Year Development Moratorium on less than one acre of the parcel
for future residential use. The moratorium is required for all Class I, II, and III DNR Forest Practices Application timber
harvest permits under JCC 18.20.160(5)(b).
12.) JCC 18.20.160(4)(c) Release of Moratorium (ii) The administrator may "release" the development moratorium for the
construction of one single-family residence and related accessory buildings on a legal lot and building site through a Type II
approval process.
Staff Comment: The applicant applied for a partial release to construct the one single family residence with accessory
residential development. The applicant did not apply for a full release for the full extent of the area covered by the
moratorium.
13.) JCC 18.20.160(5)(c)(iv) A release of development moratorium is subject to the following findings:
(A) The person requesting the release did not attempt to avoid the county review or restrictions of a conversion forest
practices application, as evidenced by a transfer of property;
Staff Comment: The applicant did not harvest the property. The property was harvested by the previous owner. The property
owner purchased the property in December 2016 without knowledge of the forest practices permit or restrictions thereof. The
applicant did not attempt to avoid county review or restrictions.
14.) JCC 18.20.160(5)(c)(iv)(B) Critical areas and their buffers, and shoreline area as set forth in this code and the Shoreline
Master Program were not damaged in the forest practice operation, or that any such damage is repairable with restoration;
Staff Comment:._ A Wetland Delineation by Marine Surveys and Assessments delineated a Category III wetland buffer in the
northeast corner of the parcel that requires a 110 -foot buffer. Development is not proposed within the wetland or its buffer
and the timber harvest did not take place within the wetland or its buffer. Approximately 1.97 acres were not harvested.
15.) JCC 18.20.160(5)(c)(iv) (C) Corrective action can be undertaken to provide for compliance with applicable conversion
standards established by this section.
Staff Comment: The timber harvest did not impact the wetland on the site. There are no other critical areas. The single family
residential proposal will not impact the wetland on site or its buffer. The applicant proposes to replant the remainder of the
site not proposed for moratorium release with native trees consistent with forestry use. The replanted area will be subject to
the FPA moratorium until November 2020.
The area released from moratorium also must comply with stormwater requirements, which is another applicable conversion
standard. The replanted harvest areas will be sufficient to meet stormwater full dispersion requirements for the roof and
driveway hard surfaces in accordance with BMPT5.30 Full Dispersion in the 2014 Department of Ecology Stormwater
Management Manual.
16.) The applicable conversion standards are established in JCC 18.20.160(4)(b) Procedures for Conversion to Nonforestry Use. If
a forest practice permit application indicates the intention by the property owner to convert to a nonforestry use, or if forest
practices are proposed to occur on land platted after January 1, 1960:
(i) The county is lead agency for environmental review of Class IV general forest practices under the State Environmental
Policy Act. This review shall be conducted in association with a stormwater management permit application submitted to
the county for the proposed activities that also require a Class IV general forest practices application with WDNR.
(ii) Any proposal which encompasses a conversion from forestry to nonforestry use shall require a stormwater management
permit from Jefferson County and be reviewed by the county for compliance with the requirements and standards of this
code, including such as shorelines, critical areas, road design, stormwater management, and grading and excavation), and
other applicable codes and regulations.
Additionally, the conversion is subject to JCC 18.30.050 Grading and Excavation Standards and JCC18.30.070(5) All
grading of 500 cubic yards or more, land -disturbing activities of 7,000 square feet or more, or creation of 2,000 square feet or
more of impervious surface shall be subject to a stormwater permit.
Staff comment: The applicant did not file for a Class IV general forest practices application, therefore a SEPA review and
stormwater management permit is required before conversion activities may take place on the parcel. The project was
reviewed under the State Environmental Policy Act (SEPA) by Jefferson county acting as lead agency. A Determination of
Non -Significance (DNS) was reviewed by Jefferson County acting as lead agency and issued on June 18, 2018.
The applicant is proposing to create or add 5,570 square feet of impervious surface and 9,320 square feet of land disturbing
activities. JCC 18.30.060 and 18.30.070 require the project applicant submit a stormwater plan meeting Minimum
Requirements #1 through #10 of the Department of Ecology Stormwater Management Manual for Western Washington. The
applicant submitted a stormwater site plan demonstrating compliance with the current edition of this manual.
The submitted stormwater site plan with proposed temporary best management practices (BMP's), complies with clearing
and grading requirements in JCC 18.30.060 Grading and Excavation Standards.
17.) Any discharge of sediment -laden runoff or other pollutants to waters of the state is in violation of Chapter 90.48 RCW,
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.
18.) 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, 200 1. 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
APPEALS:
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.
The SEPA determination of nonsignificance (DNS) may also be appealed by a party of record to the hearing examiner for an open
recti c ppeal hearing. r more information related to administrative appeals see JCC 18.40.330.
iJ dmi 'stra
MLA 18-00016