Loading...
HomeMy WebLinkAboutMLA18-00099 Hearing Examiner Decision&SON JEFFERSON COUNTY 621 S re i an Street Port Townsend, 98303 OFFICE OF THE HEARING EXAMINER JEFFERSON COUNTY REPORT AND DECISION FILE NO.. MLA 18 -00099 -/FPA 18-00003 TYPE III FULL RELEASE OF SIX-YEAR DEVELOPMENT MORTATORIUM APPLICANTS: PLANNER: SUMMARY OF REQUEST: Jared Thacker and Meghan Gibson P.O. Box 1337 Port Hadlock, WA 98339 Shannen Cartmel, Assistant Planner Type III full release of six-year development moratorium and a stormwater management permit with SEPA review for Parcel Number 801 324 008, Section 32 Township 28N Range 1 W, located at 10697 Center Road, Quilcene. SUMMARY OF DECISION: PUBLIC HEARING: Request granted, subject to conditions. After reviewing the Jefferson County Department of Community Development Staff Report and examining available information on file with the application, the Examiner conducted a public hearing on the request as follows: The hearing was opened on August 27, 2019, at 2:00 p.m. 1X Parties wishing to testify were sworn in by the Examiner. The following exhibits were submitted and made a part of the record as follows: SEE ATTACHED INDEX LIST The Minutes of the Public Hearing set forth below are not the official record and are provided for the convenience of the parties. The official record is the recording of the hearing that can be transcribed for purposes of appeal. SHANNEN CARTMEL, assistant planner, appeared, presented the Department of Community Development Staff Report, and testified that the applicant requests a full release from a six year development moratorium, that the request had undergone SEPA review, and that the applicant had submitted an engineered, stormwater report. A previous owner harvested the entire 9.86 parcel and caused imposition of the moratorium. The applicants desire to create a three acre pasture and home site on the parcel, but maintain the balance in native vegetation. The responsible official issued a DNS following SEPA review on August 9, 2019, and received no appeals. Staff made a site visit and noted wetland indicators. However, no wetlands are located on the site. Staff verified the lack of wetlands, but also found offsite indicators and eventually accepted the applicants' experts' delineation. Buffers extend onto the site from offsite wetlands, but will not be impacted. The stormwater system will meet manual requirements. Staff recommends approval subject to compliance with recommended conditions. EMMA BOLIN appeared and discussed the DNR checklist and specifically page 7. JARED THACKER, applicant, appeared and testified that they want to build a home and shop on the parcel and also have an agricultural field. He has read through recommended conditions of approval and has no questions or concerns. He has no questions regarding the Staff Report. JOHN BOBO appeared and testified that he resides in the area and would love to have the Thackers as his neighbors. He is a veteran of two wars and has assisted them in obtaining utilities. We need more working people in the area. No one spoke further in this matter and the Examiner took the matter under advisement. The hearing was concluded at 2:15 p.m. NOTE: A complete record of this hearing is available in the office of Jefferson County Department of Community Development. 2X FINDINGS. CONCLUSIONS. AND DECISION: FINDINGS: The Hearing Examiner has heard testimony, admitted documentary evidence into the record, and taken this matter under advisement. 2. As required in JCC 18.20.160 Conversions of Land to non -forestry use, Jefferson 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 owners (applicants) request that their parcel be removed from forest use and converted to a non -forestry use. SEPA review 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. No appeals were filed. 3. Notices were sent to adjacent property owners within 500 feet of the subject parcel. 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. 4. The applicants, Jared and Meghan Thacker, have a possessory ownership interest in an unimproved, square, ten acre parcel of property that abuts the east side of Center Road in the Quilcene area of unincorporated Jefferson County. The parcel measures 660 linear feet on each side, and a timber harvest occurred over virtually the entire parcel in 2016. Two dirt roads were created during the timber harvest, one of which extends east into the site from Center Road and will provide access to future proposed improvements. Approximately four acres of the interior site have been cleared of all stumps and native vegetation in preparation for conversion to pasture and a home site. 5. The site slopes approximately eight percent downward from west to east with no slopes exceeding 15 percent. A Type Ns stream crosses the northeast corner of the parcel and requires a 50 foot wide buffer. The buffer of an offsite Category III wetland extends onto the eastern edge of the site, and portions of a 40 foot wide buffer from an offsite Category IV wetland extend onto the southern portion of the 3X site. The applicants' proposed pasture and improvements will not impact any of the critical areas or buffers. 6. The parcel and abutting parcels to the north, south, and east are located within the Rural Residential one dwelling unit per ten acres (RR1:10) zone classification. The property to the west across Center Road is located within the Commercial Forest (CF -80) zone classification. Residential parcels on the east side of Center Road vary in size between five and 20 acres, and the Commercial Forest parcel contains 74 acres. The applicants' parcel is also located within the RR1:10 designation of the Jefferson County Comprehensive Plan that contemplates continued residential development on varying lot sizes of between five and 20 acres. The applicants' proposal to use the site for a single-family residential home is consistent with the zoning, Comprehensive Plan, and adjacent uses. 7. Section 18.20.160(4) JCC provides that any timber harvest that encompasses a conversion from forestry to non -forestry use requires a Class IV general forest practices, review pursuant to SEPA, and a stormwater management plan for review by the County for compliance with the requirements and standards of the JCC to include shorelines, critical areas, road design, stormwater management, grading, and excavation. Section JCC 18.20.160(5) also provides that if a landowner submits a statement as part of a forest practices application that the land will be retained in forestry use and not converted to uses other than commercial forestry within ten years of the application, than a Class IV general permit and stormwater permit are not required. However, if the landowner subsequently decides to convert the property to uses other than commercial forest, it may not do so for six years due to the mandatory six year development moratorium imposed by JCC 18.20.160 (5)(b) that requires the County to deny any and all applications for permits or approvals including building permits. However, Subsection (5)(c) sets forth a procedure for release of a development moratorium. 8. On July 23, 2016, a previous owner applied for a Class I I I Forest Practices Permit to conduct a timber harvest of the site. The Washington State Department of Natural Resources (DNR) issued said permit on July 9, 2016. The previous ownerthen sold the parcel to another party that harvested timber from the site in accordance with said permit. However, neither previous owner expressed an intent to convert the land to a non -forestry use, and therefore a six year development moratorium was imposed pursuant to JCC 18.20.160(5)(b). The applicants acquired the property on December 1, 2016, subsequent to the harvest. However, Jefferson County had placed an automatic development moratorium on the subject property following receipt of notice from DNR of the approved Class III Forest Practices Permit. Applicants had no knowledge of the moratorium upon purchase of the parcel. They have therefore requested a release of the six year moratorium pursuant to JCC 18.20.160(5)(c). 9. Prior to obtaining a moratorium release the applicants must show that the request satisfies all criteria set forth in JCC 18.20.160(5)(c). Findings on each criterion are hereby made as follows: A. The applicants did not attempt to avoid the County's review or the restrictions of a conversion forest practices application as evidenced by two transfers of the property. A previous owner, Fukue Hill, applied for the Forest Practices Permit, obtained the permit, and subsequently sold the property to Cedarland Forest Resources, LLC, that harvested the property between June and August, 2016. The applicants purchased the property on December 1, 2016, but did not discover the moratorium until they applied for an onsite septic permit in March, 2018. B. No critical areas or buffers were damaged in the forest practices operation. Onsite wetland buffers were logged, but the buffer areas have reestablished with natural regrowth. The applicants propose to replant 6.5 acres of the site that will include the wetland buffers with native species including Douglas fir, western hemlock, western red cedar, alder, big leaf maple, and vine maple. Staff has determined that the proposed restoration meets the goals and policies of JCC 18.22.350 that sets forth mitigation for wetlands. No critical areas were impacted. The revised site plan shows that the applicants' project will not impact the 110 foot wide, wetland buffer from the offsite Category III wetland to the east. Condition 6 is revised to require that planting occur during the next planting season and prior to building occupancy to assure the survival rate. C. Corrective action can be undertaken to assure compliance with applicable conversion standards. The applicants' project underwent SEPA review, and the applicants provided an engineered stormwater drainage report. The proposed improvements will meet the requirements of the 2014 Department of Ecology Stormwater Management Manual for Western Washington. Conditions of approval assure compliance with this criterion. CONCLUSIONS: 1. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. 2. The applicants have shown that the request for a full release of the six year, development moratorium satisfies all criteria set forth in JCC 18.20.160 and therefore should be approved subject to the following conditions: 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 during the next planting season and 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. 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. DECISION: The request to release the six year forest practices development moratorium on a ten acre parcel located at 10697 Center Road, Quilcene, is hereby granted subject to the conditions rnntninPrl in the r.nnrh icinnc nhnva ORDERED this 12th day of September, Hearing Examiner