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HomeMy WebLinkAboutLog Item 10 JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT UNIFIED DEVELOPMENT CODE TYPE I LAND USE PERMIT APPLICANT: LARRY T HOWLAND CONSTANCE R HOWLAND 263 OLD OAK BAY RD PORT HADLOCK WA 98339-9734 DATE ISSUED: May 31, 2002 DATE EXPIRES: November 30, 2002 MLA NUMBER: MLA02-O0273 PROJECT PLANNER: M FARFAN PROJECT DESCRIPTION: Boundary Line Adjustment PROJECT LOCATION: Parcel numbers 921 183 013 & 015, T14 & T16, in Section 18, Township 29, Range 01 East, WM, located at 245 Old Oak Bay Rd, Port Hadlock, WA 98339 FINDINGS: 1.) 2.) 3.) 5.) 7.) 8.) 9.) 10.) 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 ma . The application was reviewed by the Je~Person County Department of Community Development staff on May 17 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: Suburban shoreline designation. Jefferson County determined that this proposal is categorically exempt from review under the State Environmental Policy Act (SEPA) pursuant to WAC 197-11-800(2)(j). This approval is for a BOUNDARY LINE ADJUSTMENT 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 parcel has been designated as RR 1:5 under the Jefferson County Comprehensive Land Use Map effectiv August 28, 1998. The proposal complies with UDC Section 7.2.1 .a(5) in that this BLA entails a very small triangular shaped portion of APN 921182013 to be deeded to APN 921182015. Improvements are existing on both parcels. 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 of any restrictions as the parcels are considered acreage. CONDITIONS: 1 .) To help prevent seawater from intruding landward into underground aquifers, all new development activity on Marrowstone Island, and within 500 feet of any marine shoreline shall be required to infiltrate all stormwater runoff, to the maximum extent practicable, onsite. 2.) Consistent with UDC Section 7.2.3.c, the applicant/surveyor is responsible for recording the Satement 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 Department of Community Development for department signatures and recording of said survey. If survey is recorded after June 13, 2002 the recording fee will be $65. 3.) Th,~e..~¥~,.'_~,..~g.,notice shall be placed on the final survey mylar: 1' fi lop JEFFERSON COUNTY NOTICE TO PUBLIC Current Jefferson County Geographic Information System (GIS) maps identify the presence of an Environmentally sensitive area (ESA) such as stream, wetland, flood, landslide hazard area, erosion, aquifer recharge area, fish and wildlife habitat, shoreline, etc,. lying within and/or adjacent to the revised parCels encompassed by this Boundary Line Adjustment. Prior to any land disturbing activity or construction acitvity, applicant/owner shall contact he Jefferson County Department of Community Development regarding compliance for such ESA's. Approval of this Boundary Line Adjustment does not guarantee issuance of a building permit within said parcel(s). Such determination is dependent on approvals of water, septic, bulk and dimensional setbacks, and ESA requirements. 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. 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 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 spedes). 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 ~oodplains 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, 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 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 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 Supedor 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. U DC Ad min istrato r (~" LOG iTEM # Page 'Z.