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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 %enAnu rn inffcrenn AAM iie/rnmmrlcvclnnmcnf \\tidemark\data\forms\F_MLT_IssuePermit_U. rpt 6/19/2019 Page 5 of 5 ON°G JEFFERSON COUNTY w DEPARTMENT OF COMMUNITY DEVELOPMENT i f NG Tel: Tel: 360 3621 4an 79 4450 �tFa�r360 379.4451 t Townsend, � Email:98368 do (cubon.wa.us/communitydevelopment o. efferson wa.0 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. Tukey Investments, LLC Oak Hills Short Plat MLA16-00092/SUB16-00024 Page 4 of 17 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. Tukey Investments, LLC Oak Hills Short Plat MLA16-00092/SUB16-00024 Page 5 of 17 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). Tukey Investments, LLC Oak Hills Short Plat MLA16-00092/SUB16-00024 Page 6 of 17 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 Tukey Investments, LLC Oak Hills Short Plat MLA16-00092/SUB16-00024 Page 7 of 17 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. Tukey Investments, LLC Oak Hills Short Plat MLA16-00092/SUB16-00024 Page 8 of 17 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 Tukey Investments, LLC Oak Hills Short Plat MLA16-00092/SUB16-00024 Page 9 of 17 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." Tukey Investments, LLC Oak Hills Short Plat MLA16-00092/SUB16-00024 Page 10 of 17 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 Tukey Investments, LLC Oak Hills Short Plat MLA16-00092/SUB16-00024 Page 11 of 17 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 Tukey Investments, LLC Oak Hills Short Plat MLA16-00092/SUB16-00024 Page 12 of 17 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) Tukey Investments, LLC Oak Hills Short Plat MLA16-00092/SUB16-00024 Page 13 of 17 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. 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