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HomeMy WebLinkAboutLog Item 10 JEFFERSO,N COUNTY DEPARTMENT OF CO~IMUNITY DEVELOP.'ME,NT 621 Sheridan Street Port Townsend, WA 98368 Al Scalf, Director FAX TRANSMITTAL Date: Total Pages Phone: Fax: Jefferson' C~u~nty- ' - Dept. of Community Development Phone: Fax: 360-379-4473 Subject: (~/~ Comments: Building Permits/Inspections Oeveiopmen£ Review Division (360) 379-4450 ~ OG t'~ ~'~ Long Range Planning FAX: (360) 379-4451 JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT UNIFIED DEVELOPMENT CODE TYPE LAND USE PERMIT APPLICANT: JAMES R MC KAY 4772 W VALLEY RD CHIMACUM WA 98325-9749 DATE ISSUED: March 05, 2002 DATE EXPIRES: September 05, 2002 MLA NUMBER: MLA02-00061 PROJECT PLANNER: M FARFAN PROJECT DESCRIPTION: To enlarge an existing 5.1 acre parcel and reduce an existing 34.4 acre parcel, by Boundary Line Adjustment, into a 15.0 acre parcel and a 24.5 acre parcel. PROJECT LOCATION: Parcel number 801 041 011 & 017, in Section 04, Township 28, Range 01 West, WM, located in Chimacum, WA 98325 FINDINGS: 1 .) The Administrator finds that this application complies with applicable provisions of the Unified Developmenl 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 February 12, 2002 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: seismic, flooded, SUSC aquifer recharge, Type 4 & 5 streams, wetlands. 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. Susceptible Aquifer Recharge Areas are those with geologic and hydrologic conditions that promote rapid infiltration of recharge waters to groundwater aquifers. 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. A geotechnical report was not required or submitted for this proposed boundary line adjustment (SUB02-00002). The proposal is found to be categorically exempt from SEPA under WAC 197-11-800-(2)(j). The parcels are legal conforming and non-conforming lots that have been designated as AG:20 under the Jefferson County Comprehensive Land Use Map effective August 28, 1998. This approval is for a boundary line adjustment only 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. The proposal complies with UDC Section 7.2.1 .a(3) in that this BLA is to enlarge a 5 acre parcel to a 15 acre parcel with the second parcel resulting in 24 acres. Consistent with UDC Section 7.2.1 .b(1), the proposal will not create an additional lot, tract, or parcel. Consistent with UDC Section 7.2.1 .b(2), the proposal is not within a binding site plan. Consistent with UDC Section 7.2.1 .b(3), the proposal will not relocate an entire lot, tract, or parcel. Consistent with UDC Section 7.2.1 .b(4), the proposal is not inconsistent with the conditions of approval or any restrictions as the parcels are considered acreage. 3.) 4.) 6.) 7.) 8.) 9.) 10.) 11.) 12.) 13.) 14.) CONDITIONS: 1.) Approv~(~i~"::i~i~dary line adjustment does not guarantee the approval of any future county permits and/or 2.) 3.) approvals. Consistent with UDC Section 7.2.3.c, the applicant.surveyor is responsible for recording the Statement of Intent with the Jefferson County Auditor and referencing said Statement of Intent on the face of the survey. The survey mylar and recording fee of $55 (payable to the Jefferson County Auditor) shall be submitted to the Deparmtent of Community Development for department signatures and recording of said survey. The following language shall be placed on the final record of survey as a "County Notice to Potential Purchasers": 4.) The 225 foot wetland setback is an approximate optional buffer when a wetland delineation is not made. This minimum buffer waiver of 225 feet is 1.5 times the standard buffer width identified in the Unified Development Code (UDC). Identify the approximate location and extent of the wetland with a 225 foot buffer (waiver setback without a wetland delineation) and any other environmentally sensitive areas. NOTICE: This permit does not excuse the proponent from complying with other local, statel 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 effecave on Janua~j 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 spedes (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, lakes, marine waters), or at least 150 feet from the edge of the water - All development activities should avoid unstable slopes, welJands, 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 Madne Fisheries Service in Seattle at (206)526-6613, or the U.S. Fish and Wildlife Service at (503) 231-6121. APPEALS: Pursuant to RCW 36.70C, 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 UDC Section 8.5.2. 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 UDC Section 8.5.1. The Threshold Determination for this Type I Permit may not be appealed to the Hearing Examiner. For more information related to SEPA appeals see UDC Section 8.10.12. UD~ ~,~lministr~tor LOG