HomeMy WebLinkAboutExhibit 29 Stamped 029 MLA18-00099 Thacker Staff ReportMLA18-00099/FPA18-00003 Page 1 of 9
Thacker Moratorium Release
JEFFERSON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT TO THE HEARING EXAMINER
Re: Type III Full Release of Six-Year Development ) PROPOSED FINDINGS,
Moratorium ) CONCLUSIONS, AND
) RECOMMENDATIONS
File No.: MLA18-00099-/FPA18-00003 )
Applicant: Jared Thacker and Meghan Gibson )
SUMMARY APPLICATION AND RECOMMENDATION
Date of Application: The application was received on October 30, 2018, and was found substantially
complete on November 27, 2018.
Application: Type III full release of six-year development moratorium and a stormwater management
permit with SEPA review.
Background Summary: Release from a six-year development moratorium including a stormwater
management permit and State Environmental Policy Act (SEPA) Review. The applicant requests a full
release from the mandatory six-year development moratorium on converting forest lands to residential
development placed on Department of Natural Resources (DNR) Forest Practice Application (FPA)
timber harvest approvals. The applicant proposes to use the approximate ten-acre parcel to build a
single-family residence and appurtenances. Approximately 3 acres of pasture will be created.. The
remainder of the site is approximately 5.90 acres or 60% of the site and will remain native vegetation. The
applicant submitted a Non-Wetland Determination Report prepared by Ecological Land Services dated
January 17, 2019 and a revised report from Ecological Land Services received June 17, 2019. The
property’s previous owner, Fukue Hill received a Class III Forest Practices Application (FPA # 2614299
in June 2016). A subsequent owner, Cedarland Forest Resources LLC, harvested the property between
June 2016 and August 2016. The applicant purchased the property in December 2016 after the harvest
was completed. The applicant submitted an engineered stormwater report by Ron D. Cleaver, Professional
Engineer.
Project Location: Parcel number 801 324 008, Section 32 Township 28N Range 1W, located at 10697
Center Road, Quilcene, WA 98376
Recommendation: Approval with conditions.
Project Planner: Shannen Cartmel, Assistant Planner
Exhibit 29 - Page 1 of 9
MLA18-00099/FPA18-00003 Page 2 of 9
Thacker Moratorium Release
BACKGROUND INFORMATION
Applicant: Jared M Thacker
Meghan L Gibson
PO Box 1337
Port Hadlock, WA 98339
Site Conditions: The subject parcel encompasses approximately 9.86 acres of unimproved land
immediately adjacent to and accessible from Center Road, a major Jefferson County arterial roadway. The
parcel has been harvested of timber. Approximately 4 acres of the interior of the site has been cleared of
all stumps and native vegetation in preparation for residential conversion. The remainder of the land is
native vegetation comprised primarily of understory native plants and some leafy trees on the perimeter of
the property. The terrain slopes from west to east with a grade of approximately 8% across the entire
property. The site does not contain any mapped critical areas by Jefferson County. The Non-Wetland
Determination Report prepared by Ecological Land Services, received February 12, 2019 and revised
June 17, 2019, reports that there are no regulated wetlands on site. The DCD Director, Patty Charnas,
concurred with this finding per memorandum dated March 7, 2019. There are two offsite wetlands
identified in the report that have buffers extending onto the subject parcel. The first offsite wetland is a
category IV and requires a 40-foot buffer. The second offsite wetland is a category III and requires a 110-
foot buffer. The project engineer updated the stormwater site plan to account for the additional buffer
required by Jefferson County Code (JCC). All proposed development is outside of both buffers. There are
no other environmental concerns on the subject property.
Location of parcel indicated by yellow star.
Exhibit 29 - Page 2 of 9
MLA18-00099/FPA18-00003 Page 3 of 9
Thacker Moratorium Release
Photo taken facing south on parcel, taken 3/19/2019.
Surrounding Area: Most of the surrounding parcels are zoned as residential, specifically Rural
Residential one dwelling unit per ten acres (RR1:10); however adjacent lot sizes range from
approximately 5 to 20 acres. Approximately half of the properties surrounding the subject property
feature single-family residences. The property to the west is zoned as Commercial Forest (CF-80) and is
approximately 74 acres owned by Pope Resources, a commercial forestry company.
Site Visit: Staff conducted a site visit on December 3, 2018 and March 19, 2019.
Comprehensive Plan Designation: The Jefferson County Comprehensive Plan (adopted December 10,
2018) designates the subject parcel RR1:10. The purpose of this district is to allow for continued
residential development in areas of Jefferson County. It is a transitionary zone between rural residential
one dwelling per five acres (RR1:5), which are primarily more residentially dense areas and rural
residential one dwelling unit per twenty acres (RR1:20), which are primarily resource lands such as
agricultural lands that also allow residential growth.
Exhibit 29 - Page 3 of 9
MLA18-00099/FPA18-00003 Page 4 of 9
Thacker Moratorium Release
Zoning designations of surrounding area.
State Environmental Policy Act (SEPA) Review: As required in JCC 18.20.160 Conversions of Land to
non-forestry use, the county conducted an environmental review consistent with State Environmental
Policy Act (SEPA) rules. The original timber harvest was completed under a Class III forest Practices
Permit (FPA Number 2614299), however, the current owner requests the area be removed out of forest
use and converted to a non-forestry use. SEPA is required for “Lands that have been or are being
converted to non-forestry use” per JCC 18.20.160 (4) (a) and (b) (i). The optional DNS process was used,
consistent with JCC 18.40.780 in accordance with WAC 197-11-355. The SEPA responsible official
issued a Final Determination of Non-Significant on August 9, 2019.
Procedural Information: Notice of Application
Application submitted to the Department of Community Development: October 30, 2018
Staff determined the application substantially complete: November 9, 2018
Application vested under the ordinances in effect on: October 30, 2018.
Notice of Application mailed to adjacent property owners & agencies: November 13, 2018.
Posting of Notices by applicant/representative: November 14, 2018.
Publication of Legal Notices: (Port Townsend-Jefferson County Leader): November 14, 2018.
Comment period was open for 14 calendar days (per JCC 18.40.220) through November 28,
2018.
Comments: Notices were sent to adjacent property owners within 500 feet of the subject parcel. Staff
requested review and comments on the application from the following agencies:
Department of Ecology
Department of Natural Resources
Department of Fish and Wildlife
Department of Archaeological and Historic
Preservation
Port of Port Townsend
Exhibit 29 - Page 4 of 9
MLA18-00099/FPA18-00003 Page 5 of 9
Thacker Moratorium Release
Jefferson County PUD #1
Department of Public Works
Department of Environmental Health
Jefferson County Assessor
Skokomish Tribe
Port Gamble S’Klallam Tribe
Jamestown S’Klallam Tribe
Suquamish Tribe
Point No Point Treaty council
Jefferson County Fire Protection District #2
Chimacum School District #49
Agency comments received:
Washington State Department of Ecology: On November 28, 2018, Morgan L. Dorner, State
Environmental Policy Act Coordinator for Department of Ecology, indicated that a Construction
Stormwater General Permit may be required and that all grading and filling of land must utilize clean fill
only. The applicant is responsible for ensuring compliance with state requirements.
Jefferson County Assessor’s Office: On November 14, 2018, Sherrie Shold, Chief Deputy Assessor,
commented that the Assessor’s office has no objection to the removal of the six-year moratorium and that
the construction of a new single-family residence will boost the tax base.
Public comments received:
DCD did not receive any public comments regarding the project.
Procedural Information: Notice of Hearing
A public open record hearing before the Jefferson County Hearing Examiner is scheduled for
August 27, 2019 at 2:00 PM.
Public Notice for the Open Record was published in the Port Townsend-Jefferson County Leader
newspaper: August 14, 2019.
Notice of the Open Record Hearing was posted on the August 14, 2019.
The applicant, property owners within 500 feet, all relevant agencies, and all other interested
parties from the notice of application were notified by mail/email: August 14, 2019.
Staff Findings:
1. Jefferson County Comprehensive Plan The full moratorium release is subject to all applicable
sections of the Jefferson County Comprehensive Plan (“Comprehensive Plan”).
The following Jefferson County Comprehensive Plan Goal and Policies apply to the proposal,
which relate to maintaining rural character and encouraging the continuation of forest practices.
Continuation of Forest Practices: Encourage the continuation of forestry on lands, which are not
designated as commercial forest resource lands (NR-G-5).
Staff Comment: The proposed release is on land zoned RR1:10 and is not designated commercial
forest land. The release of the six-year moratorium is authorized under JCC18.20.160 for a
property owner to residentially develop land previously used in forestry operations. The proposal
to release the parcel from forestry use for residential development will not have a significant
adverse effect to the long-term commercial timber resource land because the parcel is not
designated as natural resource land and due to the relatively small 9.86 parcel size. In addition,
the applicant proposes to retain approximately 5.86 acres in natural forest conditions.
Exhibit 29 - Page 5 of 9
MLA18-00099/FPA18-00003 Page 6 of 9
Thacker Moratorium Release
2. Jefferson County Code: JCC 18.20.160 Conversions of land to non-forestry use – Forest
practices – Conversion option harvest plans (COHP).
Under the Jefferson County Code, the proposed use is a Release of Moratorium. JCC Section
18.20.160(5)(c) establishes the following criteria for Moratorium Releases:
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. (JCC18.20.160(5)(c)(A)).
Staff Comment: The current landowners, Jared Thacker and Meghan Gibson, acquired the
property on December 1, 2016 after the timber harvest took place. One of the previous
landowners, Fukue Hill, applied for the FPA Harvest application on June 9, 2016, which was
approved June 23, 2019. On June 21, 2016, Fukue Hill sold the property to Cedarland Forest
Resources, LLC who then proceeded to harvest the property between June 2016 and August
2016. Jefferson County placed a development moratorium expiring June 23, 2022 on the
subject property after receiving notification from Department of Natural Resources of the
approved Class III (non-conversion class) FPA on June 24, 2016. The current landowner did
not know that the moratorium existed on the property when the property was purchased It
was revealed to the Thacker’s when they applied for septic permit in March 2018.
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 than
any such damage is repairable with restoration. (JCC18.20.160(5)(c)(iv)(B)).
Staff Comment: Wetland buffers present on the property were logged as part of the FPA,
however, the buffer area has been reestablished at a ratio of 1:1 with natural regrowth. The
applicant is also proposing to replant 6.5 acres of the site with native species including the
wetland buffers. 50% of the replanted area shall be Douglas Fir. Other species that will be
planted are: Western Hemlock, Western Red Cedar, Alder, Big-Leaf Maple, and Vine
Maple. Jefferson County staff has determined that this restoration meets the goals and
policies of JCC18.22.350 Mitigation for wetlands. No other critical areas, shoreline areas or
their buffers, as set forth in the code and the Shoreline Master Program were not damaged in
the forest practice application. The buffer area regrowth is shown in the below photo.
Regrowth area of category III wetland buffer area on parcel facing north taken 8/13/19.
Exhibit 29 - Page 6 of 9
MLA18-00099/FPA18-00003 Page 7 of 9
Thacker Moratorium Release
A Non-Wetland Determination Report prepared by Ecological Land Services was
submitted by the applicant to Jefferson County on February 12, 2019. The county accepted
the report on March 7, 2019; however, the applicant submitted a revised report on June 17th,
2019 identifying two off-site wetlands. The proponent submitted a revised site plan
correcting the wetland buffer to 110 feet. Clearing did occur within the 110-foot Category
III buffer during the forest practice activity; however, the vegetation is returning to a natural
forested state. Development is not proposed to occur within the 110-foot Category III
buffer.
Jefferson County Department of Community Development reviewed the application for
the presence of Critical Areas. The Department conducted a field review and has
concluded that the property does not contain Critical Areas. However, future proposals
will be subject to a new Critical Area review and conditions may be added if new
Critical Areas are found on the property.
c. Corrective action can be undertaken to provide for compliance with applicable
conversion standards established by this section. (JCC18.20.160(5)(c)(iv)(C)).
Staff Comment: The proposal must address applicable conversion standards in JCC
18.20.160 (4) Regulations Governing Class IV General Forest Practice Permits, and
Conversion of Forested Land to Non-forestry Use relating to SEPA, stormwater
management., and other applicable codes and regulations.
The county issued the SEPA final threshold determination on August 9, 2019 in
association with the stormwater management permit and full release applicati on.
The proposal must address stormwater run-off that would occur from the timber harvest
activities and residential conversion. The current landowners are proposing to develop
approximately 4 acres of the 9.86-acre parcel and approximately 5.90 acres or 60% of the
property will remain in natural vegetation that has already begun to grow. All stormwater
management practices will follow Best Management Practice (BMP) T5.30 Full Dispersion.
Jefferson County will require a “Native Vegetation Protection Covenant” to be recorded
against the property as a condition of release. The roof areas will be dispersed via a
dispersion trench positioned on the eastern limits of development and in conjunction with a
dispersion flow path into native vegetation per BMP T5.10 B. The dispersion trench shall be
37 lineal feet for the single-family residence of 5,576 square feet and 34 lineal feet for the
2,400 square foot shop. The area of regrowth will be able to accommodate stormwater
runoff from the cleared area using BMP T5.12 Full Dispersion for the new driveway access
via dispersion flow paths immediately adjacent the entire driveway length. The pasture areas
shall follow the “Cleared Area Dispersion BMP”, a component of BMP T5.30 and will
require a flow path equal in length to the width of the pasture up to 25 feet in width, with a
provision for 1-foot longer flow path for every three additional feet of pasture width, up to a
maximum of 250 feet. The proposed pasture area has an average width of 250 feet;
therefore, the required flow path is 100 feet in length. All stormwater management proposals
are consistent with the 2014 Department of Ecology Stormwater Management Manual for
Western Washington.
Jefferson County will require additional permits for all future development, including but
not limited to: septic permits, well review, road approach permits, and building permits for
all proposals. These permits will not be issued until the moratorium is released consistent
Exhibit 29 - Page 7 of 9
MLA18-00099/FPA18-00003 Page 8 of 9
Thacker Moratorium Release
with JCC 18.20.160(5)(b).
JCC 18.15.095 requires that approval of any land division, land use, building, or
development of any lands within 500 feet of lands which are designated as agricultural
resource, forest resource, or mineral resource include a condition of approval affixed to the
land use or project permit approval issued by Jefferson County. The adjacent property to the
west is within the Commercial Forest zone. The required disclosure is incorporated as a
condition of approval.
STAFF RECOMMENDATION
Based on the preceding findings, the applicant has satisfied the criteria for release of the 6-year
development moratorium. Staff recommends APPROVAL with Conditions of the Type III Full Release
of Development Moratorium application FPA18-00003. The following conditions of approval are
recommended by staff:
1. This APPROVAL is for a full release of the development moratorium 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.
2. The wetland report identified a Category III and Category IV wetland offsite with buffers
extending onto the site. The Category III wetland will require a buffer of 110-feet and the
Category IV wetland will require a buffer of 40-feet. The buffer shall be measured horizontally
from the outer wetland boundary. No filling, grading, clearing, or other alteration of the wetland
or its buffer is allowed.
3. 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."
4. A Stormwater Plan has been submitted by the applicant’s representative, Ron D. Cleaver, 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. A Certificate of
Occupancy will not be issued for the building permit until the Department receives a letter from
Ron D. Cleaver Jr., PE that verifies plan compliance. 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.
5. A “Native Vegetation Protection Covenant” shall be recorded against the property to permanently
maintain all native vegetation.
6. The applicant shall replant 6.5 acres of the site with 2,340 trees spaced 11’ x 11’ or a rate of 360 trees
per acre. 50% of the trees shall be Douglas Fir, the remaining portion of trees shall be: Western
Hemlock, Western Red Cedar, Alder, Big-leaf Maple or Vine Maple. The planting shall be
completed prior to building occupancy and the planted trees will be expected to have a 90% survival
at the three-year mark. Monitoring reports will be required to be submitted yearly to Jefferson
County for review.
Exhibit 29 - Page 8 of 9
MLA18-00099/FPA18-00003 Page 9 of 9
Thacker Moratorium Release
7. The applicant proposed and is approved to utilize full dispersion, requiring a 100-foot natural
vegetative flow path for the driveway. The roof areas shall be treated by dispersion trenches and
each require a 50-foot natural vegetative flow path. The native vegetation shall be permanently
maintained around all pastures to treat stormwater runoff from per “Cleared Areas BMP”. All
native vegetation areas proposed not to be developed shall be permanently preserved.
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 project shall comply with all applicable local, state, and federal permitting requirements,
statutes, and regulations.
10. Jefferson County has determined that the use of real property for agriculture and forestry
operations is a high priority and favored use in the county. The county will not consider to be a
nuisance those inconveniences or discomforts arising from such operations, if such operations are
consistent with commonly accepted best management practices in compliance with local, state,
and federal laws. If your real property includes or is within five hundred (500) feet of real
property designated as Rural Residential 1:10 or 1:20, Rural Industrial, Rural Commercial,
Agriculture, or Forestry, you may be subject to inconveniences or discomforts arising from such
farming and forestry operations, including but not limited to noise, tree removal, odors, flies,
fumes, dust, smoke, the operation of farm and forestry machinery during any 24 -hour period, the
storage and disposal or manure, and the application of permitted fertilizers and permitted
pesticides. One or more of these inconveniences may occur as a result of agricultural and forestry
operations which are in conformance with existing laws and regulations.
Prepared by Project Planner: Shannen Cartmel, Assistant Planner
Date: August 16, 2019
Exhibit 29 - Page 9 of 9