HomeMy WebLinkAbout100719_ca07JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT REQUEST
TO: Board of County Commissioners (BoCC)
Philip Morley, County Administrator
FROM: Patti Charnas, Director of Community De ment (DCD)
David Wayne Johnson, Project Planner
DATE: October 7, 2019
SUBJECT: Final Short Plat Approval for Oak Hills Short Plat
SUB 16-00024/MLA 16-00092
STATEMENT OF ISSUE: Final short plat approval of a three -lot short subdivision. The proposal site
is located at 2088 Oak Bay Road, Port Hadlock, WA 98339, between Oak Bay Road and Liberty Street.
Staff is requesting final approval and signing by the BoCC per Chapter 18.35 JCC and RCW 58.17.170.
The Applicants and Property Owners are Tukey Investments LLC.
ATTACHMENTS:
• Type II Land Use Approval — MLA12-00265
• Final Plat Review Copy
• Written Findings and Conclusions — Staff Report
• Mylar ready for BoCC signing
ANALYSIS: Staff has determined that the application as submitted on October 28, 2016 meets the
required criteria of Chapter 18.35.130 as addressed in the written Findings and Conclusions of the
attached Staff Report, and have satisfied the written conditions of approval for the attached Preliminary
Plat Approval MLA16-00092. Written Findings and Conclusions are required per RCW 58.17.195 which
state in part that a county makes a formal written finding of fact that the proposed subdivision or proposed
short subdivision is in conformity with applicable zoning ordinance or other land use controls which may
exist.
ALTERNATIVES: The requested action is mandatory per RCW 58.17.170 and Chapter 18.35 JCC.
FISCAL IMPACT/COST BENEFIT ANALYSIS: There is no identifiable fiscal impact related
to this request for final plat approval.
RECOMMENDATION: Per Jefferson County Ordinance and State Law, DCD requests that the
BoCC grant final short plat approval by adopting the written findings and conclusions and signing the
final Mylar.
REVIEWED BY:
i ip Morle unty Administrator
JEFFERSON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
UNIFIED DEVELOPMENT CODE
TYPE II LAND USE PERMIT
APPLICANT: TUKEY INVESTMENTS LLC
4640 S DISCOVERY RD
PORT TOWNSEND WA 98368-9020
DATE ISSUED: June 19, 2019
DATE EXPIRES: June 19, 2022
MLA NUMBER: MLA16-00092
PROJECT PLANNER: David Wayne Johnson
PROJECT DESCRIPTION:
SUB16-00024 - Oak Hills Short Plat to divide one 19.81 acre parcel into three parcels. Lot 1 will be 7.35 acres. Lot 2
will be 6.78 acres. Lot 3 will be 5.68 acres. All three lots will be served by Jefferson County PUD water for potable
water. Each lot will be served by an individual on-site septic systems septic system. Lot 1 currently has an existing
single family residence and septic system. The access for Lot 1 is located off of Oak Bay Road, a county road.
Access for Lot 2 and Lot 3 is through private access easements of Liberty Lane. A Wetland Report and Geotechnical
Report have been submitted with the application. The proposal is subject to SEPA review.
PROJECT LOCATION:
Parcel number 921 182 003; Section 18, Township 29N, Range 1 E; Site Address: 2088 Oak Bay Road, Port Hadlock,
WA 98339.
CONDITIONS:
1.) On final copy of plat remove all adjacent parcel numbers and references to the proposed short plat on the
property to the north.
2.) On sheet 1 of the Preliminary Short Plat, re -label the 60' right of way from Graceland Way to the northwest
corner of the proposed subdivision from "Madison St." to "Liberty St.".
3.) On sheet 1 of the Preliminary Short Plat, re -label the 60' easement along the east side of Tract 63 and 64 from
"... per Vol. 36 of Surveys, Pg. 97-98" to "... per Auditor's File Number 609612"
4.) Jefferson County Code, Appendix Fee Schedules, IV. Public Works sets Public Works' Application Fees for
development review activities including application and plan review, inspections, and final review. Application
Fees are intended to reimburse Public Works for its typical expenses related to an application. If Public Works'
expenses exceed the Application Fee, Public Works will charge an Hourly Fee and bill the applicant. The
current Development Review Hourly Fee is $88/hour.
5.) Prior to final approval of the plat, verification that the water meter is installed on Lot 2 will be required. The plat
shall label each lots meter with "PUD water meter for Lot _, Oak Bay S.P". Show and label the existing water
line on the developed parcel that serves the existing home.
6.) The lots, parcels or tracts contained within this subdivision were approved based on design standards and
regulatory requirements in effect at the time of final approval. Sewage disposal systems have not been
approved for the lots, parcels or tracts contained within the subdivision. Onsite sewage disposal systems shall
meet design standards and regulatory requirements in effect at the time of application for a sewage disposal
permit. Purchaser should contact the Jefferson County Health Department for procedures concerning permit
applications. Any removal of or major disturbances of soil within the proposed drainfield areas may create site
conditons that are unacceptable for the installation of sewage disposal systems.
7.) The following two sentences shall be added to the health paragraph currently on the face of the plat under
notice to potential purchasers: The soils work completed for this plat approval was not adequate for septic
system design. Complete soils work will be required for any future septic system permitting.
8.) Identification and labeling for the existing septic system shall to be completed as follows on the final mylar:
remove the word approximate on the drainfield area; identify the designated reserve drainfield area; identify and
label where the septic system tanks and drainfield ports are located.
9.) On the final Mylar revise all 2016 year dates to current year of approval.
10.) Per JCC 18.35.120(3)(i), the wetland boundary and 110 foot wetland buffer shall be identified an labeled as
such on the face of the plat.
11.) The following "Notice to Potential Purchasers" shall be added to the plat:
A wetland report prepared by Loggy Soil and Wetland Consulting dated January 7, 2017, identified a Category III
wetland located on Lot 3 of this Plat. A wetland buffer of 110 feet as measured perpendicularly from the wetland
edge, shall be permanently maintained as a buffer for single-family residential development. No filling, grading,
clearing, or other alteration of the wetland or its buffer is allowed without prior county approval and compliance
with critical area regulations in place at that time.
12.) The following "Notice to Potential Purchasers" shall be added to the plat:
An existing gravel access and utilities boxes to Lot 3 are located within the wetland buffer. Any future expansion,
further intrusion, or associated disturbance into the wetland or its buffer shall be subject to the critical area
regulations in place at that time.
13.) The power utilities shall be shown and identified benefiting each lot with proper utility easements referenced by
Auditor's File Number as necessary for each lot to have permanent access to power at minimum to the property
line.
14.) All easements of record shall be graphically portrayed on the final plat with the Auditor's File Number (AFN) of
the easement(s) also referenced on the face of the plat. Identify the AFN 609613 for the 25' utility easement and
eliminate the word proposed on the final Mylar.
15.) On the first page of the plat under notes, remove the second note regarding covenants, conditions, and
restriction as none have been submitted.
16.) Correct the typo in the word "was" in the signature block for the Department of Community Development.
17.) Under the signature block for the property owner's declaration add the property owner's names for signature.
18.) In the "Notice to Potential Purchasers" there are typos in the last notice the word "either" shall be corrected to
"within" the word "ma" shall be corrected as to "may" and the word "of' shall be corrected to "for". The notice
shall read as: Any removal of or major disturbance of soil within the proposed drainfield areas may create site
conditions that are unacceptable for the installation of sewage disposal systems.
19.) Under the notice to potential purchaser regarding setbacks. Revise to read as follows: "Minimum building
setbacks from Oak Bay Road, Liberty Lane and any ingress/egress easements shall be twenty feet. Minimum
building setbacks from adjacent rural residential zoned parcels shall be five feet. Minimum building setbacks
from commercial forest zoned parcels shall be 30 feet.
20.) Under the signature block for the Assessor, please remove the second signature block for the Assessors
signature, only the deputy will sign.
21.) The final blue line shall depict the county assigned number of MLA16-00092/SUB16-00024.
22.) Number the notices under the "Notices to Potential Purchasers."
23.) The following notice shall be placed on the final plat under "Notice to Potential Purchasers":
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.
24.) 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.
25.) 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.
26.) VOLUNTARY MEASURES OF COASTAL & AT 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. Ground water 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.
27.) VOLUNTARY MEASURES OF COASTAL & AT RISK SIPZ:
1. Installation of a flow meter.
2. On-going well monitoring for chloride concentration.
3. Submittal of monitoring data to County.
28.) MANDATORY MEASURES FOR COASTAL 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 requirement:
a. Chloride concentration of a laboratory -certified well water sample submitted with building permit application.
3. If public water is unavailable, a qualifying alternative system may be used as proof of potable water.
29.) Based on requirements of Chapter 18.35 JCC Final Short Plat, the final mylar shall be prepared in accordance
with the final short plat checklist. A copy of JCC 18.35.120, 18.35.190 and 18.35.370 are attached.
30.) The proponent shall submit a blue line copy of the site plan and lot closure information prepared by a licensed
surveyor to the Department for review. The proponent shall make any corrections or additions prior to final
approval.
31.) Taxes on the parcel shall be paid in full prior to final approval. The owner or authorized representative shall
contact the Jefferson County Treasurer's office to determine what taxes need to be paid prior to final plat
approval.
32.) The applicant must submit a reproducible copy plus one (1) paper copies of the proposed final short plat to the
Department of Community Development. The proposed final short plat shall contain elements as described in
Chapter 18.35.120 JCC and shall include certifications and other requirements as provided in Chapter
18.35.190 JCC and 18.35.370 JCC.
33.) Please ensure that all signatures and seals on the plat are in black ink on Mylar.
34.) An updated plat certificate or supplement shall be submitted with the final blue -line and shall be 30 days current.
35.) Proponent may enter into a surety agreement with the Department of Public Works prior to final plat approval as
an alternative to completing installation of required improvements. Surety shall not be accepted for
development of water supply facilities, other than distribution facilities. Surety shall be for an amount equal to
200 percent of the cost of required improvements, shall not exceed a period of one year, and must be in a form
acceptable to Jefferson County. Acceptable forms of surety include bonds, open account agreements, and
irrevocable letters of credit. Surety must be accompanied by an estimate of the cost of all improvements
prepared by a licensed engineer. The estimate shall be approved by the Public Works Department prior to
acceptance.
36.) The sale of lots prior to final short plat approval is unlawful.
37.) Preliminary approval will expire on June 17, 2022. The Department of Community Development shall not be
responsible for notifying the applicant of impending preliminary short plat expiration.
38.) It is the responsibility of the applicant or authorized representative to ensure the final short plat is submitted in
accordance with the conditions of preliminary approval. This includes paying all property taxes and submitting a
recording fee for the final plat and supply an updated plat certificate (within 30 days of submittal), all of which is
outlined in the final short plat checklist.
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 proposal is to divide one 19.81 acre parcel into three parcels, Lot 1 will be 7.35 acres, Lot 2 will be 6.78
acres, and Lot 3 will be 5.68 acres, for residential use.
3.) The parcel has been designated as Rural Residential 1 Dwelling Unit per 5 Acres (RR1:5) under the Jefferson
County Comprehensive Land Use Map effective August 28, 1998.
4.) Reviewed under the State Environmental Policy Act (SEPA) by Jefferson County Department of Community
Development acting as lead agency. Determination of Non -Significance (DNS) issued on April 10, 2018.
5.) The application was reviewed by the Jefferson County Department of Community Development staff on
November 15, 2016 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:
Wetlands, Stable and Unstable Shoreline Slope Stability, Slight Landslide Hazard, Susceptible Aquifer
Recharge Protection Area (SARPA), Coastal Seawater Intrusion Protection Zone (SIPZ).
6.) A Geology Hazard Assessment prepared by Stratum Group, dated August 3, 2017 was submitted in conjunction
with the application to address the site stability. The conclusions and recommendations as set forth in this
report shall be followed for future development within this subdivision.
The report identified the following recommendations:
Stormwater runoff from the roof gutters, foundation drains, and other impervious surfaces should be dispersed
in such a manner as to avoid excessive concentration of water at a single point. This can be accomplished with
splash blocks, simply letting the roof run off drip to the ground or dispersion trenches or dry wells.
If development on the steep slopes does take place, grading plans and foundations plans should be reviewed
by an engineering geologist or geotechnical engineer.
7.) A Wetland Identification, Delineation and Rating Documentation Report prepared by Loggy Soil and Wetland
Consulting, dated January 7, 2017, was submitted in conjunction with the application to address the wetlands
on the property. The report identified a Category III wetland requiring a 110 foot buffer for single family
residential development.
8.) 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.
9.) Susceptible Aquifer Recharge Areas are those with geologic and hydrologic conditions that promote rapid
infiltration of recharge waters to groundwater aquifers.
10.) 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 drillec
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.
11.) The parcel is located within a coastal SIPZ (seawater intrusion protection zone) according to the County GIS
map. There are voluntary and 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 Coastal SIPZ is defined as: all islands and area within one-quarter mile of marine shoreline, but no history of
chloride concentration above 100 mg/L in groundwater sources within 1000 feet.
12.) 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.
13.) 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 of
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.
14.) This approval is for a three lot short subdivision 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.
15.) See full findings, conditions, and staff analysis see Staff Report dated June 2019 .
16.) Jefferson County has mapped this plat to be a geologically hazardous area. 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.
Geologically hazardous areas are areas that because of their susceptibility to erosion, sliding, earthquake, or
other geological events, are not suited to siting commercial, residential, or industrial development consistent
with public health or safety concerns.
17.) A Geology Hazard Assessment prepared by Stratum Group dated March 27, 2017 addressed the site stability
within the plat. An updated geotechnical report may be required by the Department of Community Development
at the time of future development proposals for site specific locations. Development shall comply with the
recommendations in the report as follows:
APPEALS:
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 JCC 18.40.330.
' June 19, 2019
UDC Administrator Date
MLA16-00092
DEPARTMENT OF COMMUNITY DEVELOPMENT
621 Sheridan Street I Port Townsend, WA 98368
360-379-4450 1 email: dcd@co.jefferson.wa.us
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ON°G JEFFERSON COUNTY
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DEPARTMENT OF COMMUNITY DEVELOPMENT
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do (cubon.wa.us/communitydevelopment
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SquareONE Resource Center I Building Permits & Inspections I Development Review I Long Range Planning
STAFF REPORT
TO THE UDC ADMINISTRATOR
Re: Type II 3 Lot Short Subdivision
Oak Hills Short Plat
File No.: MLA 16-00092 / SUB 16-00024
Applicant: Tukey Investments, LLC
4640 South Discovery Road
Port Townsend, WA 98368
Representative: Terry McHugh
P.O. Box 441
Port Townsend, WA 98368
Project Planner: David Wayne Johnson, Associate Planner
BACKGROUND INFORMATION
FINDINGS,
CONCLUSIONS, AND
RECOMMENDATIONS
Date of Application: The application was received on October 27, 2016 and deemed substantially
complete on January 30, 2018.
Application: Type II application for a 3 -lot residential short plat of 19.81 -acres known as the Oak Hills
Short Plat. Lot 1 will be 7.35 acres, Lot 2 will be 6.78 acres, and Lot 3 will be 5.68 acres. All three lots
will be served by Jefferson County PUD water for potable water. Each lot will be served by an individual
on-site septic system. Lot 1 currently has an existing single family residence and septic system. The
access for Lot 1 is located off of Oak Bay Road, a county minor collector road. Access for Lots 2 and 3 is
through a private access easements known as Liberty Lane. A Wetland Report and Geotechnical Report
have been submitted with the application. The proposal was subject to SEPA review.
Property Location: The subject parcel is located at 2088 Oak Bay Road, Port Hadlock, WA 98339.
Property Legal Description: Parcel number 921 182 003; Section 18, Township 29N, Range IE.
Site Conditions: The subject parcel is 19.81 acres in size. The highest elevation is along the southern
property line at approximately 225 feet and slopes down to an elevation of approximately 130 feet in the
northwest and northeast corners of the property. Existing improvements to the property include access
roads/driveways to each of the three proposed lots. Proposed Lot 1 has an existing single family
residence and septic system. The property is predominantly vegetated with grass, shrubs and seedlings,
and some mature trees. A portion of the property along Oak Bay Road is mapped as geologically
hazardous area. A geotechnical report identified the site is stable for development. A Category III
Tukey Investments, LLC
Oak Hills Short Plat MLA16-00092/SUB16-00024 Page 1 of 17
wetland is located on the property in the southwest corner, on proposed Lot 3, requiring a 110 foot
wetland buffer.
Surrounding Area: West of the subject parcel are largely vacant parcels zoned Rural Residential 1:20.
To the north are Rural Residential 1:5 parcels which have some existing residential development. The
abutting parcel to the north has also submitted an application for a two lot short plat. East of the parcel is
Oak Bay Road with residential property zoned Rural Residential 1:5 located across the road. The property
south of the subject parcel is zoned commercial forest and used for timber harvesting.
Comprehensive Plan Designation: The Jefferson County Comprehensive Plan Land Use Map
designates the site as Rural Residential 1:5.
Site Visit: DCD project planner Anna Bausher and staff biologist Donna Frostholm, conducted a site visit
on November 30, 2016. Project representative, Terry McHugh, walked the property with staff. A
wetland was confirmed to be located on the parcel during this site visit.
Recommendation: Approval with conditions.
APPLICATION NOTICE
Public Notice was published in the Port Townsend -Jefferson County Leader newspaper:
• Notice of Type II Application: February 7, 2018.
Notice was posted on the property:
• Notice of Type II Application: February 6, 2018.
The applicant, the project representative, and all property owners within 300 feet were notified by snail.
• Notice of Type II Application mailed: February 7, 2018.
Relevant Agencies
Notice of Type II Application, permit application with the survey maps and special reports mailed or
routed: February 7, 2018 to the following agencies:
•
DAHP
•
JeffComm 911 Communications
•
Skokomish Tribe
•
Port of Port Townsend
•
Point No Point Tribe
•
DNR, Ross Goodwin
•
Suquamish Tribe
•
Jefferson County Public Works
•
Jamestown Tribe
•
Jefferson County Assessor
•
Port Gamble Tribe
•
ECY, Rick Mraz
•
Chimacum School District 49
•
DNR SEPA Center
•
Fire District 1
•
DOE SEPA Center
•
PUD #1
•
WDFW SEPA Desk
•
Jefferson County Sheriff
•
ECY SEPA Unit
•
Jefferson Transit
Public Comments: No public comments were submitted.
Agency Comments:
DCD received comments (hereby incorporated by reference) from the following agencies:
• Rick Mraz (ECY) written comments received on February 7, 2018 in regards to the wetland
report identifying the following information: The consultant should provide an aerial that includes
the location of the two delineation plots.
Tukey Investments, LLC
Oak Hills Short Plat MLA16-00092/SUB16-00024 Page 2 of 17
Staff comment: Jefferson County for wetland report criteria in JCC 18.22 does not currently
require this. The wetland report submitted was in agreement with the site visit conducted by DCD
wetland staff biologist, therefore, there is not concern of the report being inaccurate.
• Tom Aumock (consulting fire code inspector): Written comments dated February 7, 2018,
addressed roadway ingress and egress and fire flow water supply.
• Jefferson County Health Department (Septic and Water): Written comments dated March 14, 19,
and 28, 2018 from Susan Porto and Randy Marx.
• Jefferson County Public Works (roads and access): Written comments dated February 26, 2018
from John Fleming.
• Jefferson County Assessor's Office (legal descriptions): Written comments dated February 2, 5,
and 8, 2018 from Sherrie Shold and Charlotte Stockard.
STATE ENVIRONMENTAL POLICY ACT (SEPA) REVIEW
Jefferson County issued the Final Determination of Non -Significance and Lead Agency Status on April
10, 2018, after using the optional DNS process in WAC 197-11-355.
Public Hearing: Type II administrative decisions shall become final subject to the following: an
applicant or parry of record may appeal the decision to the hearing examiner for an open record hearing,
as further set forth in JCC Section 18.40.330 & JCC Section 18.40.280. A public hearing will only be
held if the administrator's decision is appealed consistent with JCC 18.40.330(5) within 14 calendar days
after the notice of decision is issued.
STAFF FINDINGS
Jefferson County Comprehensive Plan: The proposal is subject to all applicable sections of the
Jefferson County Comprehensive Plan ("Comprehensive Plan").
ENVIRONMENTALLY SENSITIVE/CRITICAL AREA REVIEW
The application was reviewed by the Jefferson County Department of Community Development staff 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 Department
has concluded that the property contains Wetlands, Stable and Unstable Shoreline Slope Stability, Slight
Landslide Hazard, Susceptible Aquifer Recharge Protection Area (SARPA), and Coastal Seawater Intrusion
Protection Zone (SIPZ).
A wetland report prepared by Loggy Soil and Wetland Consulting dated January 7, 2017 was submitted in
conjunction with the application which identified a Category III wetland in the southwest corner of the
property. A Geology Hazard Assessment prepared by Stratum Group, dated March 27, 2017 was submitted in
conjunction with the application which addressed the stability of the parcel.
PROCEDURAL INFORMATION
The Jefferson County Code (JCC) addresses short subdivision in Article III JCC 18.35. The applicant
consulted with the Jefferson County Department of Community Development on April 5t1, 2016, in a pre -
application conference (PRE16-00008) regarding this project.
JCC 18.35140(1) identifies that short subdivision shall be processed in accordance with the procedures for
Type II land use decisions. As wetlands (lands covered by water) are located on the property the review
Tukey Investments, LLC
Oak Hills Short Plat MLA16-00092/SUB16-00024 Page 3 of 17
process consolidated the required State Environmental Policy Act (SEPA) review using the optional DNS
process as allowed in JCC 18.40.
NOTICE REQUIREMENTS AND DATES
In accordance with JCC 18.40 Article III and Article X: Staff requested review and comments on the
application and Environmental Checklist through a Notice of Application and Pending SEPA
Determination sent to adjacent landowners within 300 feet of the subject property, Department of
Ecology, Department of Natural Resources, Washington Department of Fish and Wildlife, Department of
Archaeological and Historic Preservation, Skokomish Tribe, Port Gamble S'Klallam Tribe, Jamestown
S'Klallam Tribe, Suquamish Tribe, Point No Point Treaty Counsel, Jefferson County PUD, Port of Port
Townsend, Jefferson Transit, JeffComm 911 Communications, and East Jefferson Fire Rescue.
Public Notice of Type II Land Use Application and Pending SEPA Determination
• Published in the Port Townsend -Jefferson County Leader newspaper February 7', 2018.
• Notice boards were posted on property by the applicant February 6', 2018, per affidavit of
posting.
• The agencies, and tribes were notified by email on February 7', 2018.
• Adjacent property owners within 300 feet of the subject property were notified by mail,
postmarked February 7', 2018.
• Comment period was open for 20 calendar days (per JCC 18.40.220) through February 27', 2018.
Comments Received From Notice of Application and SEPA Notice
Public Response: None
Agency Comments: Agencies, including tribes, were notified of the short subdivision application. The
following general comments were received:
• Rick Mraz (WA State Department of Ecology) written comments were received on February 7',
2018 in regards to the wetland report identifying the following information: The consultant
should provide an aerial that includes the location of the two delineation plots.
Staff comment: Jefferson County for wetland report criteria in JCC 18.22 does not currently
require this. The wetland report submitted was in agreement with the site visit conducted by DCD
wetland staff biologist, therefore, there is not concern of the report being inaccurate.
Comments received as part of the county review by reviewing staff and departments are incorporated by
reference to this report. For full comments please see the attached documents. The following are
reviewers that comments were received from:
• Tom Aumock (consulting fire code inspector): Written comments dated February 7', 2018,
addressed roadway ingress and egress and fire flow water supply.
• Jefferson County Health Department (Septic and Water): Written comments dated March 14`h
19t'', and 28' 2018 from Susan Porto and Randy Marx.
• Jefferson County Public Works (roads and access): Written comments dated February 26, 2018
from John Fleming.
• Jefferson County Assessor's Office (legal descriptions): Written comments dated February 2nd
5t'', and 8' from Sherrie Shold and Charlotte Stockard.
STATE & LOCAL APPROVALS AND PERMITS REQUIRED
• Type II short subdivision permit from Jefferson County Department of Community Development.
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Future residential development will be required to obtain permits at time of development including
building permits from DCD and septic permits from Jefferson County Environmental Health
Department.
APPLICABLE JEFFERSON COUNTY ORDINANCES
• Jefferson County Comprehensive Plan, adopted August 28, 1998, updated December 13th, 2004, and
as amended; and
• Jefferson County Unified Development Code, adopted December 18, 2000, and effective January 16,
2001, and as amended.
PROPOSED FINDINGS, CONCLUSIONS AND RECOMMENDATIONS
This section constitutes staffs findings and conclusions regarding the applicant's proposal consistency
with the Jefferson County Comprehensive Plan and the Jefferson County Unified Development Code.
Staff Findings:
The following presents staff findings regarding consistency of the application with the Jefferson County
Comprehensive Plan and the Jefferson County Code. Based on the findings presented below,
recommended staff conditions are included at the end of this staff report.
1. The proposal is to divide one 19.81 acre parcel into three parcels, Lot 1 will be 7.35 acres, Lot 2 will be
6.78 acres, and Lot 3 will be 5.68 acres, for residential use.
2. The parcel has been designated as Rural Residential 1 Dwelling Unit per 5 Acres (RR1:5) under the
Jefferson County Comprehensive Land Use Map effective August 28, 1998.
3. Reviewed under the State Environmental Policy Act (SEPA) by Jefferson County Department of
Community Development acting as lead agency. A Determination of Non -Significance (DNS) was
issued on April 10t1i, 2018.
4. The application was reviewed by the Jefferson County Department of Community Development staff
on November 15, 2016 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: Wetlands, Stable and Unstable Shoreline Slope Stability, Slight
Landslide Hazard, Susceptible Aquifer Recharge Protection Area (SARPA), and Coastal Seawater
Intrusion Protection Zone (SIPZ).
A Geology Hazard Assessment prepared by Stratum Group, dated August 3, 2017 was submitted in
conjunction with the application to address the site stability. The conclusions and recommendations
as set forth in this report shall be followed for future development within this subdivision.
The report identified the following recommendations:
Stormwater runoff from the roof gutters, foundation drains, and other impervious surfaces should be
dispersed in such a manner as to avoid excessive concentration of water at a single point. This can be
accomplished with splash blocks, simply letting the roof run off drip to the ground or dispersion
trenches to dry wells.
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If development on the steep slopes does take place, grading plans and foundations plans should be
reviewed by an engineering geologist or geotechnical engineer.
6. A Wetland Identification, Delineation and Rating Documentation Report prepared by Loggy Soil and
Wetland Consulting, dated January 7, 2017 was submitted in conjunction with the application to
address the wetlands on the property. The report identified a Category III wetland requiring a 110 foot
buffer for single family residential development.
7. 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.
8. Susceptible Aquifer Recharge Areas are those with geologic and hydrologic conditions that promote
rapid infiltration of recharge waters to groundwater aquifers.
9. The parcel is located within a coastal SIPZ (seawater intrusion protection zone) according to the
County GIS map. There are voluntary and 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 Coastal SIPZ is defined as: all islands and area within one-quarter mile of marine shoreline, but no
history of chloride concentration above 100 mg/L in groundwater sources within 1000 feet.
10. 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.
11. 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 of 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.
12. This approval is for a three lot short subdivision 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.
13. An agreement to reduce the standard 250 foot commercial forest zoned building setback to 30 feet for
the purpose of detached single family residential development has been recorded under Auditors File
Number 618770 as allowed in JCC 18.15.150(3)(a)(ii).
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14. VOLUNTARY MEASURES OF COASTAL & AT 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. Ground water 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.
15. VOLUNTARY MEASURES OF COASTAL & AT RISK SIPZ:
1. Installation of a flow meter.
2. On-going well monitoring for chloride concentration.
3. Submittal of monitoring data to County.
REVIEW CRITERIA
Jefferson County Comprehensive Plan: The proposed short subdivision is subject to the goals and
policies of the Jefferson County Comprehensive Plan. The following goals and policies apply to the
proposal:
• Chapter 3, "Rural Residential Land Use Policies", pages 3-47 to 3-48.
• Chapter 3, "Environment Policies", page 3-59.
• Chapter 3, "Transportation Policies", page 3-61.
• Chapter 3, "Rural Character Policies", 3-61 to 3-64.
Staff comment: The proposal is in compliance with the Jefferson County Comprehensive Plan.
1. The Jefferson County Comprehensive Plan Rural Residential Land Use Policy LNP 3.3 states:
"Rural residential densities shown on the Land Use Map shall be designated by three (3) residential land
use densities: one dwelling unit per five (5) acres, one dwelling unit permit ten (10) acres, and one
dwelling unit per twenty (20) acres in size and subject to the following criteria:
LNP 3.3.1 A residential land use designation of one dwelling unit per 5 acres (RR 1:5) shall be assigned
to those areas throughout the County with:
a. an established pattern of the same or similar sized parcels (i.e., 5 acres) or smaller sized existing lots
of record,
b. parcels of similar size (i.e., 5 acres) or pre-existing smaller parcels along the coastal, areas;
c. parcels immediately adjacent to the boundaries of the Rural Village Centers; and
d. as an overlay to pre-existing developed "suburban" platted subdivisions;
e. parcels designated as Forest Transition Overlay.
Staff comment: The parcel consists of 19.81 acres and zoned RR 1:5. The surrounding parcels are
legal conforming and legal non -conforming parcels consisting of approximately .87 acres to 19.7
acres. The parcels to the west are plated lots consisting of approximately 4.1 acre parcels know as
Irondale Acre Tracts. The parcels to the west across Oak Bay Road are smaller parcels approximately
one to two acres in size. The parcel to the south is a 150 acre commercial forest zoned parcel. The
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parcels to the north are mixed from 1.8 to 12.87 acres, with the adjoining parcel also being proposed
to be subdivided. Approval of this subdivision request would be consistent with the mapped zoning
designation of RR 1:5 and the surrounding parcels. To create two additional lots within the county
continues to have a sufficient variety of rural densities as it has legislatively created RR 1:5; RR 1:10
and RR 1:20 zones and is consistent with the Comprehensive Plan Land Use Policy.
2. The Jefferson County Comprehensive Plan Rural Environment Policy LNP 14.1 states:
Ensure that land use decisions are based on land use ordinances which are in compliance with the
Critical Areas Ordinance and all applicable state and federal environmental laws.
Staff comment: The application was reviewed by the Jefferson County Department of Community
Development staff for the potential presence of Environmentally Sensitive Areas (ESAs) under the
provisions of the Unified Development Code (UDC). The detailed analysis can be found in the
section of this staff report for Chapter 18.22 Critical Areas.
3. The Jefferson County Comprehensive Plan Transportation Policy LNP 17.1 states:
Encourage development and land use proposals that utilize existing transportation systems andprovide
non -motorized transportation opportunities.
Staff comment: The proposal for will utilize Oak Bay Road, an existing minor collector road for access
to Lot 1. Lot 1 will access the parcel from the existing road approach directly off of Oak Bay Road. Lot 2
and 3 proposes to access from Oak Bay Road via Jacobsen Drive, Graceland Way and Liberty Lane.
Non -motorized transportation systems outside of roads are limited in this area.
Jefferson County Unified Development Code: The proposal is subject to review to determine
consistency with the Jefferson County Unified Development Code (UDC).
• The proposed short subdivision is subject to the requirements of Chapters 18.22, 18.30, and 18.35
of the Jefferson County Code (JCC). There are several ordinance requirements that apply to the
proposed subdivision: Chapter 18.30.30 JCC Water Supplies; Chapter 18.30.040 JCC Sewage
Disposal; Chapter 18.30.050 JCC Density, Dimension and Open Space Standards; Sewage
Disposal Chapter 18.30.080 and 090 JCC Roads; Chapter 18.35 Article IV JCC Short
Subdivisions.
Staff comment: The proposal is in compliance with the Jefferson County Unified Development Code.
1. Chapter 18.15 JCC, Land Use Districts
Article V. Rural and Resources Districts- Special Provisions
Staff comment: Single-family residences are an allowed "Yes" use in the rural residential land use district
per Table 3-1 Allowable and Prohibited Uses. This proposal would create and allow three parcels for
residential development. Table 3-1 identifies accessory dwelling units (ADUs) as an allowed "Yes" use,
permitting up to two dwellings on each parcel. JCC 18.20.020 addresses the performance standards for
ADUs. The application as proposed would permit ADUs consistent with JCC 18.20.020. The proposal
will result in potentially an additional two single family residences and two ADUs on proposed lot 2 and
3, and an additional dwelling on lot 1 resulting in and additional potential of 5 dwelling units.
The adjacent southern parcel to the subject parcel is zoned as commercial forest. This article defines
special setbacks from forest resource land to protect the use, commercial forest zone being a 250 foot
setback. However, JCC 18.15.150(3) allows an alternative setback to be established by the property
owners. The property owners in compliance with this section have recorded an agreement under
Auditor's File Number 618770 to establish a reduced building setback exclusively for detached single
family residential uses of 30 feet. This reduced setback shall be referenced on the plat.
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2. Chapter 18.22 JCC, Critical Areas
Staff comment: The application was reviewed by the Jefferson County Department of Community
Development staff 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 investigative site inspections, the following ESAs were confirmed to be present on
the subject property: susceptible aquifer recharge area, coastal seawater intrusion protection zone, slight
landslide hazard areas, stable and unstable shoreline slope stability, and wetlands.
a) Article III. Critical Aquifer Recharge Areas
JCC 18.22.130(2)(a) states: In all critical aquifer recharge areas, stormwater runoff shall be
controlled and treated in accordance with best management practices and facility design standards
as identified and defined in the Stormwater Management Manual for the Puget Sound Basin, as
amended, and the stormwater provisions contained in Chapter 18.30 JCC.
JCC 18.22.130(8)(b) states: Applications for land division (Chapter 18.35 JCC) must include specific
and conclusive proof of adequate supplies of potable water through a qualifying hydrogeologic
assessment (relevant components of an aquifer recharge area report per JCC 18.22.400) that
demonstrates that the creation of new lots and corresponding use of water will not impact the subject
aquifer such that water quality is degraded by seawater intrusion.
Staff comment: Susceptible Aquifer Recharge Areas and Coastal Seawater Intrusion Zone (SIPZ)
may require special protection measures to mitigate water quality degradation. The submitted
proposal is connecting to public water, no ground water withdrawal is proposed to degrade the
aquifer. Therefore, no hydrogeological assessment was required and the submitted proposal does not
require additional aquifer protection measures. However, during construction of future development
the project shall follow the Best Management Practices (BMPs) and facility design standards as
identified and defined in the Stormwater Management Manual for Western Washington. There are
voluntary and mandatory measures identified in the Jefferson County Seawater Intrusion Policy
(Resolution 44-22, effective September 23, 2002) that apply to well drilling proposals and building
permit applications on existing lots of record which would be applicable to future development.
b) Article V. Geologically Hazardous Areas
JCC 18.22.170(5)(c) states: In the case of short plat, long plat, binding site plan or site plan
approvals under this code, the applicant shall include on the face of any such instrument the
boundary of the landslide hazard area and its buffer.
JCC 18.22.170(9)(a)(ii) states: An applicant submitting a project application shall submit, and have
approved, a geotechnical report, as specified in Article VIII of this chapter, when the application
involves any of the following:
(i) The alteration of a landslide hazard area or its buffer.
(ii) The creation of a new parcel within a known landslide hazard area.
JCC 18.35.120(3)(i) states: The location of any environmentally sensitive areas as described in
Article VI -D of Chapter 18.15 JCC, including all floodplain lying within or adjacent to the
proposed subdivision;
Staff comment: A portion of the parcel along Oak Bay Road is mapped as unstable slope stability.
Approximately half of the parcel from Oak Bay road west is mapped as a slight landslide hazard. A
geotechnical report was requested to comply with JCC 18.22. A Geology Hazard Assessment
prepared by Stratum Group, dated August 3, 2017 was submitted in conjunction with the application
to address the site stability. The report considered the slopes on the subject property and the potential
deep-seated landslide to the east of the property. The geologist concluded that the new lots in the
subdivision would have suitable building areas free of landslide or erosion hazards and would not
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increase any risk of landslides on or off of the property. The conclusions and recommendations as set
forth in this report shall be followed for future development within this subdivision.
The report identified the following recommendations:
Stormwater runoff from the roof gutters, foundation drains, and other impervious surfaces should
be dispersed in such a manner as to avoid excessive concentration of water at a single point. This
can be accomplished with splash blocks, simply letting the roof run off drip to the ground or
dispersion trenches or dry wells.
If development on the steep slopes does take place, grading plans and foundations plans should be
reviewed by an engineering geologist or geotechnical engineer.
c) Article VII. Wetlands
JCC 18.22.330(2) states: An applicant submitting a project application shall also submit, and have
approved, a wetland delineation report as specified in JCC 18.22.450.
JCC 18.22.330(5)(c) states: In the case of short plat, long plat, binding site plan, and site plan
approvals under this code, the applicant shall include on the face of any such instrument the
boundary of the wetland and its buffer.
Staff comment: On November 30', 2016, DCD staff Donna Frostholm and Anna Bausher conducted
a site visit to the subject property for verification of wetlands and streams as the area is known for
mapping inconsistencies of these critical areas. The site visit resulted in wetlands being found on the
property. A wetland report and delineation was requested by DCD in compliance with JCC 18.22. A
Wetland Identification, Delineation and Rating Documentation Report prepared by Loggy Soil and
Wetland Consulting, dated January 7"', 2017, was submitted to address the wetlands on the property.
The report identified a Category III wetland requiring a 110 foot buffer for single family residential
development on proposed Lot 3. An existing gravel access and utilities boxes to Lot 3 are located
within the wetland buffer. Any future expansion, further intrusion, or associated disturbance into
the wetland or its buffer shall be subject to the critical area regulations in place at that time
The wetland and associated buffers shall be required to be identified on the face of the plat.
3. JCC 18.30 Development Standards
a) JC 18.30.030 Water Supplies
JCC 18.30.030 states, "When the development or redevelopment of land requires the availability
of a supply of potable water as determined by the administrator, potable water shall be delivered
by a means approved by the Washington Department of Health and/or Jefferson County Health
and Human services. "
Staff comment: The proposed subdivision parcels are to be served potable water through
Jefferson County PUD. Jefferson County Environmental Health Department has reviewed this
proposal for potable water. Susan Porto commented as follows:
"The message received from PUD on confirmation of meter installation is the meter on Lot 1 and
3 are in, Lot 2 lacks a meter. Prior to final approval of the plat, verification that the water meter is
installed on Lot 2 will be required. The plat should label each lots meter with "existing meter
installed for the purpose for Lot_".
Show the existing water line on the developed parcel that serves the existing home. If they need
confirmation on its location, the septic designer showed it on his record drawing of SEP15-
00154."
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The above comment will be made a condition of approval and must be completed prior to recording
the final Mylar making PUD water connections available on each proposed lot.
b) JCC 18.30.040 Sewage Disposal
JCC 18.30.040 states, `All development shall be provided with an individual, on-site septic
system and drainfield approved by the Jefferson County Health Department in compliance with
Chapter 8.15 JCC, unless the Jefferson County Health Department determines that public sewer
is available which would then require connection to the approved public sewer. "
Staff comment: Environmental Health completed a site evaluation, Randy Marx supplied the
following comments:
"Saw all but one test pit, very overgrown, ALL dug in 2016. Confirmed 18" or more soil in all
holes, (except one). Future septic permitting will require full soil work for all parcels.
Please add these two sentences to the paragraph health currently has on the face of the plat: The
soils work completed for this plat approval was not adequate for septic system design. Complete
soils work will be required for any future septic system permitting.
In addition, labeling on the plat in relation to the plat should be completed as follows:
For the existing septic system: remove the word approximate on the drainfield area; identify the
designated reserve drainfield area; identify and label where the septic system tanks and drainfield
ports are located."
The above will be made as conditions of approval and must be completed prior to recording the
final Mylar identifying appropriate soils on each proposed lot for a septic system with additional
work needed at the time of septic system application.
c) JCC 18.30.020 and 080 Roads
JCC 18.30.020(5) requires all land use activities to be served by appropriate transportation
facilities.
JCC 18.30.080(1)(a) requires roads serving developments to be designed and constructed to
comply with the adopted standards of the Jefferson county Public Works Department.
JCC 18.30.080(1)(h) requires subdivisions to provide access to the public road system at two
locations, when feasible. A single access may be allowed provided that the public health, safety,
and welfare are protected.
JCC 18.30.080(1)(m) requires dedication of 60 feet wide private road easements, but allows a
reduced width on recommendation from the Public Works Department.
JCC 18.30.080(1)(n) requires access easements from the public road system to be portrayed on
the final plat.
JCC 18.30.080(1)(p) requires that subdivisions establish an agreement for the continued
maintenance of private roads.
Staff comment: Below are the findings submitted by the Department of Public Works, John
Fleming, dated February 26, 2018. A complete copy of the comments can be found in the case
file. A complete copy of the Public Works comments was sent to the representative on December
21, 2007. Recommended conditions to comply with these comments and road standards are
contained within the recommended conditions sections.
"The applicant provided a 2 sheet Preliminary 3 parcel Short Plat prepared by Van Aller
Surveying, received 10/4/2016 by DCD. This Preliminary Short Plat refers to the survey recorded
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in volume 36 of Surveys, pages 97-98, also known as being recorded under Auditor's File
Number (AFN) 571797. A search of Jefferson County documents recorded referencing Assessor
Parcel Number (APN) 921182003 revealed AFN 609612, a "Roadway and Utility Easement and
Maintenance Agreement".
1. On sheet 1 of the Preliminary Short Plat labels the 60' right of way from Graceland Way to
the northwest corner of the proposed subdivision as "Madison St.".
2. As of 2/16/2018, the 60' right of way shown on AFN 571797 called Madison Street, was
renamed Liberty Street.
3. The 60' easement along the east side of Tract 63 and 64 on sheet 1 of the Preliminary Short
Plat is labeled "...per Vol. 36 of Surveys, Pg. 97-98".
4. Liberty Street is located in a perpetual non-exclusive easement for ingress, egress and
utilities, 60 feet wide that was graphically shown on AFN 571797, and is verbally declared in
AFN 609612.
S. Access to proposed Lot 1 is from Oak Bay Road (a minor collector road) directly with an
existing approach to an existing single family residence at 2088 Oak Bay Road.
6. Access to proposed Lot 2 and 3 is through the Plat of Irondale Acre Tracts along Graceland
Way (a local access road), over Liberty Street.
7. On sheet 1 of the Preliminary Short Plat, Notes 41 states that "This short plat does not purport
to show the existence of all easements and or encumbrances recorded or unrecorded that may
affect these properties."
8. The maintenance agreement for the private road Liberty Street and culvert is recorded under
AFN 609612.
9. On sheet 2 of the Preliminary Short Plat under Notice To Potential Purchasers, 3' to last
sentence has a typographical error- "ma", same with the last sentence. A third error in the last
sentence "... of soil either the proposed... ".
10. Liberty Street appears to be newly surfaced with a 20' unobstructed drivable width shoulder
to shoulder, with 12' wide traveled way with hot mix asphalt. This meets local service road
standards, and up to 100 ADT. Liberty Street is proposed to serve the following 8 parcels:
Lot 2 of Jacobsen Short Plat, Lot 2 & 3 of Oak Hills Short Plat, Tracts H, 63, 64, 65 & 66 of
Irondale Acre Tracts. This allows up to 12 ADT per parcel (100 ADT / 8 parcels = 12 ADT
per parcel). If we use Port Ludlow traffic study of 6 ADT per residence, and allow one main
residence plus an ADU per parcel, then we may expect 96 ADT along Liberty Street (8
parcels x 6 ADT per residence x 2 residences per parcel = 96 ADT). Existing road surface
appears to be adequate for expected level of use."
4. JCC 18.35 Article III Short Subdivisions
JCC 18.35.120 contains short plat contents. Final short plat contents also require contents as
located within JCC 18.35.370
JCC 18.35.130 states: requires the short plat comply with the following:
In addition to the review criteria provided in Chapter 18.40 JCC, the following criteria are the
minimum measures by which each proposed short subdivision will be considered:
(1) Short subdivisions shall be given preliminary approval, including preliminary approval
subject to conditions, upon finding by the administrator that all of the following have been
satisfied:
(a) The proposed subdivision conforms to all applicable county, state and federal zoning, land
use, environmental and health regulations and plans, including but not limited to the
following:
(i) The Jefferson County Comprehensive Plan; and
(ii) The provisions of this code, including any incorporated standards;
(b) Utilities and other public services necessary to serve the needs of the proposed subdivision
shall be made available, including open spaces, drainage ways, roads, streets and other public
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ways, potable water, transit facilities, sewage disposal, parks, playgrounds, schools, sidewalks
and other improvements to assure safe walking conditions for students who walk to and from
school;
(c) Approving the proposed short subdivision will serve the public use and interest and
adequate provision has been made for the public health, safety and general welfare.
Staff comment: Provisions for streets/roads, alleys/other public ways, power utilities, potable
water supplies, and sewage disposal have previously been addressed. Specific plat content criteria
to demonstrate compliance with these requirements have been identified on the plat. Jefferson
Transit has limited stops along Oak Bay Road on the Poulsbo #7 route. Comments from the
applicable county departments on meeting these criteria have already been discussed in the staff
report above.
Comment received from Tom Aumock, Consulting Fire Code Inspector identified that the fire
hydrant flow requirements are not applicable for this proposal based off of the Jefferson County
Coordinated Water System Plan, as the land area is considered to be a "Rural" classification.
Although there are PUD fire hydrants in place to serve the subject property.
There is no probable significant adverse environmental impact as discussed previously in the
report under JCC 18.22. JCC 18.35.120(3)(i) requires critical areas and buffers be shown on the
face of the plat, the wetlands and associated buffers will be identified on the face of the plat. The
public interest would be served by the division of the 19.81 -acre parcel into three lots intended
for residential use especially in the current time of housing shortage.
STAFF RECOMMENDATION
Based on the preceding findings and conclusions, staff finds that the proposal is consistent with the
applicable plans and ordinances and that it meets the review criteria. Staff recommends approval of the
three lot short subdivision on parcel number 921 182 003 be granted subject to the following conditions:
Recommended Conditions:
Assessor's Office
1) On the final copy of plat remove all adjacent parcel numbers and references to the proposed short
plat on the property to the north.
Public Works Department
2) On sheet 1 of the Preliminary Short Plat, re -label the 60' right of way from Graceland Way to the
northwest corner of the proposed subdivision from "Madison St." to Liberty St.".
3) On sheet 1 of the Preliminary Short Plat, re -label the 60' easement along the east side of Tract 63
and 64 from "...per Vol. 36 of Surveys, Pg. 97-98" to "...per Vol. 36 of Surveys, Pg. 97-98 and
Auditor's File Number 609612"
4) Jefferson County Code, Appendix Fee Schedules, IV. Public Works sets Public Works'
Application Fees for development review activities including application and plan review,
inspections, and final review. Application Fees are intended to reimburse Public Works for its
typical expenses related to an application. If Public Works' expenses exceed the Application Fee,
Public Works will charge an Hourly Fee and bill the applicant. The current Development Review
Hourly Fee is $86/hour.
Environmental Health Department (Water)
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5) Prior to final approval of the plat, verification that the water meter is installed on Lot 2 will be
required.
6) The plat shall label each lots meter with "existing meter installed for the purpose for Lot"
7) Show and label the existing water line on the developed parcel that serves the existing home.
Environmental Health Department (Septic)
8) The lots, parcels, or tracts contained within this subdivision were approved based on design
standards and regulatory requirements in effect at the time of final approval. Sewage disposal
systems have not been approved for the lots, parcels or tracts contained within the subdivision.
Onsite sewage disposal systems shall meet design standards and regulatory requirements in effect
at the time of application for a sewage disposal permit. Purchaser should contact the Jefferson
County Health Department for procedures concerning permit applications. Any removal of or
major disturbances of soil within the proposed drainfield areas may create site conditions that are
unacceptable for the installation of sewage disposal systems.
9) Future septic permitting will require full soil work for all parcels, as test pits were dug 2 years
prior to health review of this plat. Very overgrown with blackberries, and partially caved in.
10) The following two sentences shall be added to the health paragraph currently on the face of the
plat under notice to potential purchasers: The soils work completed for this plat approval was not
adequate for septic system design. Complete soils work will be required for any future septic
system permitting.
11) Identification and labeling for the existing septic system shall to be completed as follows on the
final Mylar: remove the word approximate on the drainfield area; identify the designated reserve
drainfield area; identify and label where the septic system tanks and drainfield ports are located.
Department of Community Development
12) On the final Mylar revised all 2016 year dates to current year of approval.
13) Per JCC 18.35.120(3)(i), the wetland boundary and 110 foot wetland buffer shall be identified an
labeled as such on the face of the plat.
14) The following "Notice to Potential Purchasers" shall be added to the plat:
A wetland report prepared by Loggy Soil and Wetland Consulting dated January 7, 2017,
identified a Category III wetland located on Lot 3 of this Plat. A wetland buffer of 110 feet as
measured perpendicularly from the wetland edge, shall be permanently maintained as a buffer for
single-family residential development. No filling, grading, clearing, or other alteration of the
wetland or its buffer is allowed without prior county approval and compliance with critical area
regulations in place at that time.
15) The following "Notice to Potential Purchasers" shall be added to the plat:
An existing gravel access and utilities boxes to Lot 3 are located within the wetland buffer. Any
future expansion, further intrusion, or associated disturbance into the wetland or its buffer shall be
subject to the critical area regulations in place at that time.
16) The power utilities shall be shown and identified benefiting each lot with proper utility easements
referenced by Auditor's File Number as necessary for each lot to have permanent access to power
Tukey Investments, LLC
Oak Hills Short Plat MLA16-00092/SUB16-00024 Page 14 of 17
at minimum to the property line.
17) All easements of record shall be graphically portrayed on the final plat with the Auditor's File
Number (AFN) of the easement(s) also referenced on the face of the plat. Identify the AFN
609613 for the 25' utility easement and eliminate the word proposed on the final Mylar.
18) On the first page of the plat under notes, remove the second note regarding covenants, conditions,
and restriction as none have been submitted.
19) Correct the typo in the word "was" in the signature block for the Department of Community
Development.
20) Under the signature block for the property owner's declaration add all of the property owner's
names for signature.
21) In the "Notice to Potential Purchasers" there are typos in the last notice the word "either" shall be
corrected to "within" the word "ma" shall be corrected as to "may" and the word "of' shall be
corrected to "for". The notice shall read as: Any removal of or major disturbance of soil within
the proposed drainfield areas may create site conditions that are unacceptable for the installation
of sewage disposal systems.
22) Under the notice to potential purchaser regarding setbacks. Revise to read as follows: "Minimum
building setbacks from Oak Bay Road, Liberty Lane and any ingress/egress easements shall be
twenty feet. Minimum building setbacks from adjacent rural residential zoned parcels shall be
five feet. Minimum building setbacks from the adjacent commercial forest zoned parcel shall be
30 feet for single family residential use and 250 feet for other uses as provided in the agreement
recorded under Auditors File Number 618770.
23) For the existing septic system on Lot 1 the septic transport lines shall be identified on the plat.
24) Under the signature block for the Assessor, please remove the second signature block for the
Assessors signature, only the deputy will sign.
25) The final blue line survey shall depict the county assigned number of MLA16-00092/SUB16-
00024.
26) Number the notices under the "Notices to Potential Purchasers."
27) The following notice shall be placed on the final plat under "Notice to Potential Purchasers":
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
Tukey Investments, LLC
Oak Hills Short Plat MLA16-00092/SUB16-00024 Page 15 of 17
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.
28) 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.
29) 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.
30) MANDATORY MEASURES FOR COASTAL 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
requirement:
a. Chloride concentration of a laboratory -certified well water sample submitted with building
permit application.
3. If public water is unavailable, a qualifying alternative system may be used as proof of potable
water.
31) Based on requirements of Chapter 18.35 JCC Final Short Plat, the final Mylar shall be prepared in
accordance with the final short plat checklist. A copy of JCC 18.35.120, 18.35.190 and
18.35.370 are attached.
32) The proponent shall submit a blue line copy of the site plan and lot closure information prepared
by a licensed surveyor to the Department for review. The proponent shall make any corrections or
additions prior to final approval.
33) Taxes on the parcel shall be paid in full prior to final approval. The owner or authorized
representative shall contact the Jefferson County Treasurer's office to determine what taxes need
to be paid prior to final plat approval.
34) The applicant must submit a reproducible copy plus seven (7) paper copies of the proposed final
short plat to Department of Community Development. The proposed final short plat shall contain
element as described in Chapter 18.35.120 JCC and shall include certifications and other
requirements as provided in Chapter 18.35.190 JCC and 18.35.370 JCC.
35) All signatures and seals shall be in black ink on Mylar.
36) An updated plat certificate or supplement shall be submitted with the final blue -line and shall be
30 days current.
37) Proponent may enter into a surety agreement with the Department of Public Works prior to final
plat approval as an alternative to completing installation of required improvements. Surety shall
not be accepted for development of water supply facilities, other than distribution facilities.
Surety shall be for an amount equal to 200 percent of the cost of required improvements, shall not
Tukey Investments, LLC
Oak Hills Short Plat MLA16-00092/SUB16-00024 Page 16 of 17
exceed a period of one year, and must be in a form acceptable to Jefferson County. Acceptable
forms of surety include bonds, open account agreements, and irrevocable letters of credit. Surety
must be accompanied by an estimate of the cost of all improvements prepared by a licensed
engineer. The estimate shall be approved by the Public Works Department prior to acceptance.
NOTICE: The sale of lots prior to final short plat approval is unlawful.
EXPIRATION: Preliminary approval will expire on June 17, 2022. The Department of Community
Development shall not be responsible for notifying the applicant of impending preliminary short plat
expiration.
SUBMISSION: It is the responsibility of the applicant or authorized representative to ensure the final
short plat is submitted in accordance with the conditions of preliminary approval. This includes paying all
property taxes, submitting the recording fee for the final plat and supplying an updated plat certificate
(dated within 30 days of submittal). Requirements are outlined in the final short plat checklist.
Staff report prepared by project planner, Anna Bausher, and finaled by David Wayne Johnson, June 2019.
Tukey Investments, LLC
Oak Hills Short Plat MLA16-00092/SUB16-00024 Page 17 of 17
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