HomeMy WebLinkAboutZON2017-00004 reissued SPAAD$car
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w JEFFERSON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
UNIFIED DEVELOPMENT CODE
TYPE I LAND USE PERMIT
APPLICANT: TIMOTHY H MORRIS
PATRICIA MORRIS
PO BOX 1177
OREM UT 84059-1177
DATE ISSUED: July 18, 2017
DATE EXPIRES: July 18, 2022
MLA NUMBER: MLA17-00008
PROJECT PLANNER: Patrick Hopper
PROJECT DESCRIPTION:
ZON17-00004 - Site Plan Advanced Approval Determination (SPAAD) for single family residential
development.
PROJECT LOCATION:
Parcel Number - 021 321 036
Section - 32 Township - 30N Range - 1 E
Site Address - Griffith Point Road, Nordland, WA.
CONDITIONS:
1.) Critical Aquifer Recharge Areas may require special protection measures to mitigate water quality degradation.
The submitted proposal does not require additional aquifer protection measures. However, during construction
the project shall follow the Best Management Practices (BMPs) and facility design standards as identified and
defined in the Stormwater Management Manual for the Puget Sound Basin.
2.) MANDATORY MEASURES OF HIGH RISK SIPZ:
Water conservation measures:
1. Roof and other intercepted precipitation shall be routed to on-site detention ponds and/or other approved
means and allowed to be released to the soil slowly.
2. Water collected from Storm water and roof catchments may be used for watering lawns and gardens.
Unless catchment water has been treated to meet drinking water standards, there shall be no cross connections
allowed between the potable supply and impounded water.
3. Water withdrawn from wells on each property shall not be used for watering of lawns and/or gardens.
4. Groundwater withdrawn from each property shall be restricted to a rate of three (3) gallons per minute.
5. Installation of water conserving fixtures such as low flow toilets, faucets and shower restrictors and other
water saving plumbing fixtures.
6. Landscaping plan (xeriscaping, native vegetation with minimal amounts of irrigation).
Please NOTE that the above listed measures are not intended to be exhaustive, but rather is intended to be
illustrative of the types of water conservation measures.
3.) To help prevent seawater from intruding landward into underground aquifers, all new development activity on
Marrowstone Island, Indian Island and within 1/4 mile of any marine shoreline shall be required to infiltrate all
stormwater runoff onsite.
4.) MANDATORY MEASURES FOR HIGH RISK SIPZ:
1. For proof of potable water on a building permit application, applicant must utilize DOH -approved public water
system if available.
2. If public water is unavailable, a qualifying alternative system may be used as proof of potable water or an
individual well may be used as proof of potable water subject to the following requirements:
a. Variance from Chapter 173 WAC standards granted by Ecology per WAC 173-160-106 for a new
groundwater well within 100 feet of a sea -salt water intrusion area per WAC 173-160-171 (i.e., within 100 feet of
a groundwater source showing chloride concentrations above 200mg/L or within 100 feet of the marine
shoreline); or for an existing or proposed groundwater well not subject to an Ecology variance, applicant must
provide evidence through a hydrogeologic assessment (relevant components of an Aquifer Recharge Area
Report per UDC 3.6.10.e) of a reasonable probability that the subject aquifer will not be degraded by the
proposed use of well.
b. Installation of a flow meter.
c. On-going well monitoring for chloride concentration.
d. Submittal of flow and chloride data to the County per monitoring program.
3. If public water is unavailable, a qualifying alternative system may be used as proof of potable water.
5.) The property owner shall comply with Water Conservation Measures (per list maintained by the UDC
Administrator).
6.) All construction activities shall not encroach upon the 150 Foot Fish and Wildlife Habitat Conservation Area
buffer. This includes the storage or preparation of materials.
7.) Fish and Wildlife Habitat Conservation Area Buffers are areas that shall be maintained in their natural condition,
however, minor pruning or alteration of vegetation may be permitted as long as the function and character of the
buffer are not diminished.
8.) The approved site plan has not been reviewed for stormwater requirements. JCC 18.30.060 and JCC
18.30.070 require the applicant to prepare a stormwater plan in compliance with the Washington Department of
Ecology Stormwater Management Manual for Western Washington (SWMMWW) to control stormwater,
erosion, and sediments during construction; address permanent measures to stabilize soil exposed during
construction; and in the design and operation of stormwater and drainage control systems. At the time of
building application, a stormwater plan in compliance with the SWMMWW shall be submitted. If the proposal
cannot meet the prescriptive requirements of the SWMMWW, an engineered stormwater plan shall be required.
9.) The setback from Griffith Point Road shall be twenty (20) feet. The side setbacks from adjacent parcels shall be
five (5) feet. The shoreline fish and wildlife habitat conservation area buffer shall be one hundred and fifty (150)
feet plus a ten (10) foot building setback, for a total setback of one hundred and sixty (160) feet from the
Ordinary High Water Mark (OHWM).
10.) Approval of this site plan does not constitute authority to commence any development or building activity until
such time as final authorizing permits are issued. (e.g., septic, wells, stormwater mangement, or building
permits, etc.)
11.) Duration of Approval - Several of the included findings shall become conditions upon the submittal of a building
and septic permit. The duration of approval of the Site Plan shall be effective for five (5) years from the date of
original approval by the Administrator. If a building permit has not been issued within the five (5) year period,
the Site Plan Approval Advance Determination (SPAAD) cannot be revived or extended except by new
application that must meet all the existing criteria and conditions listed in this Section. Knowledge of the
expiration date shall be the responsibility of the applicant. The county will not provide notification prior to
expiration.
Limitations of Approval - Approval of the site plan shall not guarantee the performance of specific site features
or improvements (e.g. wells, septic systems, stormwater drainage facilities, etc.) and shall not be immune from
changes in state or federal law which are enacted or have an effective date after the date of the Site Plan
Approval Advance Determination (SPAAD) and which may affect the performance and implementation of the
site plan and associated use or activity. Any subsequent land division or boundary line adjustment of a parcel or
lot which has received site plan approval advance determination under this section shall void such site plan
approval and require a new site plan approval advance determination application. Approval of a site plan under
this section does not constitute authority to comence any development or building activity until such time as final
authorizing permits are issued (e.g., septic, wells, stormwater management, or building permit, etc.).
Modification to an approved site plan may be requested by the applicant and approved by the Administrator
subject to the provisions for Type I decisions. (Please request a copy of JCC 18.40.480 of the UDC for criteria
pertaining to modifications).
12.) The applicant shall apply for a shoreline exemption for single-family residential development at the time of
building and septic application.
13.) The applicant shall not alter or remove vegetation within the buffers. This SPAAD permit does not authorize the
removal of vegetation within the FWHCA buffer.
14.) The applicant shall demonstrate proof of potable water at the time of building application.
15.) The proposal shall show compliance with the Department of Ecology Stormwater Management Manual for
Western Washington at the time of building application.
16.) The building height is not to exceed 35 feet.
17.) Pre-existing legal lots of record less than one acre in size in rural residential districts are subject to the
stormwater requirements in Chapter 18.30 JCC and must meet the "Area of Impervious Surface Coverage" to
the maximum extent practicable, as determined by the administrator. Lot coverage is defined as amount of
impervious surface, which includes rooftops, driveways, concrete, etc.
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 April
3rd, 2017 for the potential presence of Critical Areas under the provisions of the Unified Development Code
(UDC). After an initial Geographic Information Systems mapping review and an investigative site inspection,
the following Critical Areas were confirmed to be present on the subject property: Fish and Wildlife Habitat
Conservation Area, Seismic hazard area, Special Aquifer Recharge Protection Area, Susceptible Aquifer
Recharge Area, High Risk SIPZ.
3.) Aquifer Recharge Areas in Jefferson County are characterized by porous geological formations that allow
percolation of the surface water into the soils and the underlying zone of saturation. Aquifers are geologic
formations that contain sufficient saturated permeable material to yield significant quantities of water to wells
and springs. Aquifers serve as the source of drinking water within most of the rural portions of Jefferson
County.
4.) Susceptible Aquifer Recharge Areas are those with geologic and hydrologic conditions that promote rapid
infiltration of recharge waters to groundwater aquifers.
5.) Critical Aquifer Recharge Areas are defined as Seawater Intrusion Areas, and Special Aquifer Recharge
Protection Areas and the following land uses located within Susceptible Aquifer Recharge Areas (1) All Industrial
Land Uses (2) All Commercial Uses (3) All Rural Residential Land Uses requiring a Discretionary Use or
Conditional Use Permit (4) All Rural Residential Land Uses with nonconforming uses that would otherwise
require a Discretionary Use or Conditional Use Permit (5) Unsewered Planned Rural Residential Developments
(6) Unsewered residential development with gross densities greater than one unit per acre. All of the above
listed uses shall be subject to the applicable requirements and standards of the Jefferson County Unified
Development Code.
6.) Marine shorelines and islands are susceptible to a condition that is known as seawater intrusion. Seawater
intrusion is a condition in which the saltwater/freshwater interface in an aquifer moves inland so that wells drilled
on upland areas cannot obtain freshwater suitable for public consumption without significant additional
treatment and cost. Maintaining a stable balance in the saltwater/freshwater interface is primarily a function of
the rate of aquifer recharge (primarily through rainfall) and the rate of groundwater withdrawals (primarily
through wells). The Washington Department of Ecology is the agency with statutory authority to regulate
groundwater withdrawal for individual wells in Jefferson County. New development, redevelopment, and land
use activities on islands and in close proximity to marine shorelines in particular should be developed in such a
manner to maximize aquifer recharge and maintain the saltwater/freshwater balance to the maximum extent
possible by infiltrating stormwater runoff so that it recharges the aquifer.
7.) The parcel is located within a High Risk SIPZ (seawater intrusion protection zone) according to the County GIS
map. There are mandatory measures identified in the Jefferson County Seawater Intrusion Policy (Resolution
61-02, effective September 23, 2002) that apply to well drilling proposals and building permit applications on
existing lots of record.
A High Risk SIPZ is defined as: areas within 1,000 feet of a groundwater source with a history of chloride
analyses above 200 milligrams per liter (mg/Q.
8.) Jefferson County determined that this proposal is categorically exempt from review under the State
Environmental Policy Act (SEPA) pursuant to WAC 197-11-800(1)(b)(i).
9.) The parcel has been designated as RR 1:5 under the Jefferson County Comprehensive Land Use Map effective
August 28, 1998.
10.) The proposal was reviewed against the site plan determination criteria of Article VII, Chapter 18.40 JCC. The
criteria for approval is as follows:
1. The proposed site plan conforms to all applicable county, state, and federal land use, environmental and
health regulations and plans, including but not limited to the following: The Jefferson County Comprehensive
Plan and the provisions of the Unified Development Code.
Staff comment: The application was reviewed for consistency under the provisions of the Unified Development
Code, Comprehensive Plan, and Shoreline Master Program. The application was found in compliance with all
ordinances pertaining to the proposed development.
2. Adequate provisions for utilities and other public services necessary to serve the needs of the proposed site
plan have been demonstrated, including open spaces, drainage ways, roads, and other public ways, potable
water, sewage disposal, fire flow and other improvements.
Staff comment: The site plan, as submitted complies with Jefferson County Code Table 6-1: Density, Dimension
and Open Space Standards. The applicant submitted proof of potable water.
This application is for a Site Plan Approval Advance Determination to eventually construct a single-family
residence. Jefferson County Department of Environmental Health reviewed the application and approved it.
This SPAAD was not reviewed for fire flow due to the application, potable water is proposed through a public
water system. Jefferson County has no specific adopted fire flow requirements for permitting. Application of a
Coordinated Water System Plan for fire flow requirements for individual projects is inappropriate since the
primary purpose is for water system design to assure adequate pipe size, source and storage. The applicant
shall provide proof of potable water at the time of building application. This application does not vest the parcel
for potable water.
Access to this parcel is off of Griffith Point Road (RAP17-00022)
The approved site plan has not been reviewed for stormwater requirements. JCC 18.30.060 and JCC
18.30.070 require the applicant to prepare a stormwater plan in compliance with the Washington Department of
Ecology Stormwater Management Manual for Western Washington to control stormwater, erosion, and
sediments during construction; address permanent measures to stabilize soil exposed during construction; and
in the design and operation of stormwater and drainage control systems. At the time of building application, a
stormwater plan in compliance with the Stormwater Management Manual for Western Washington shall be
submitted. If the proposal cannot meet the prescriptive requirements of the Stormwater Manual, an engineered
stormwater plan shall be required.
3. The probable significant adverse environmental impacts of the proposed site plan, together with any
practical means of mitigating adverse impacts, have been considered such that the proposal will not have an
unacceptable adverse effect upon the quality of the environment, in accordance with the State Environmental
Policy Act (SEPA) implementing the provisions contained within Chapter 22 and 25 of this Code and Chapter
43.21C RCW.
Staff comment: Single family residences are EXEMPT from the State Environmental Policy Act (SEPA) under
WAC 197-11-800(1)(b)(i).
4. Approving the proposed site plan will serve the public use and interest and adequate provision has been
made for the public health, safety and general welfare.
Staff comment: The proposal will not affect the public health, safety, and general welfare.
11.) This approval is for a Site Plan Advance Approval Determination (SPAAD) for single family residential
development 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.
12.) The revised site plan as submitted with the Site Plan Advance Approval Determination (SPAAD) for single family
residential development application on April 20th, 2017 has been reviewed for consistency under the UDC, and
has been approved by Jefferson County Department of Community Development. Any modifications, changes,
and/or additions to the stamped, approved revised site plan dated June 14th, 2017 shall be resubmitted for
review and approval by Jefferson County Department of Community Development.
13.) 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.
14.) The soils report enclosed with the SPAAD application supports a finding that an onsite sewage system can be
installed on the property in the area evaluated. SPAAD approval DOES NOT constitute an onsite sewage
system design or capacity approval.
15.) Any removal or disturbance of soil in the area evaluated may create site conditions that are unacceptable for
the installation of an onsite sewage system and may invalidate this approval.
APPEALS:
Pursuant to RCW 36.70C, the applicant or any aggrieved party may appeal this final decision to Jefferson County Superior Court
within twenty-one (21) calendar days of the date of issuance of this land use decision. For more information related to judical
appeals see JCC 18 40.340.
July 19, 2018
UDC Administratb�, Date
MLA 17-00008
DEPARTMENT OF COMMUNITY DEVELOPMENT
621 Sheridan Street I Port Townsend, WA 98368
360-379-4450 1 email: dcd@co.jefferson.wa.us
www.co.jefferson.wa.us/commdevelopment