HomeMy WebLinkAboutCAR SummaryJEFFERSON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
621 Sheridan Street | Port Townsend, WA 98368
360-379-4450 | email: dcd@co.jefferson.wa.us
http://www.co.jefferson.wa.us/260/CommunityDevelopment
October 12, 2020
Michael and Irene White
Mai Do and Michael Haberpointner
Re: Summary of Critical Area Review, Type NS Stream Buffer, Parcel #990600238, Port Ludlow
Background Information:
As part of a land sale agreement between sellers Michael and Irene White and buyers Mai Do
and Michael Haberpointner, Community Development was asked to locate a regulated Type NS
stream that was noted just south of the subject parcel in 2012 by the Washington Department
of Natural Resources and Washington Department of Fish and Wildlife. Their remark follows:
“Based upon review and an on-site inspection by DNR and WDFW (MLA12-00090), your parcel
is adjacent to a designated Type NS stream channel and is regulated under JCC 18.22.250(2)”.
The drainage does not appear in DNRs stream type mapping at this time.
On October 2, 2020, I made a site visit and met the property buyers. We located the small
drainage just south of the south property line and measured a 50-foot stream buffer from the
Ordinary High-Water Mark (OWHM) of the Type NS “stream”.
The following image shows the extent of the full 50-foot buffer in relation to the property
boundaries:
2
Applicable Jefferson County Ordinances:
The Critical Areas Ordinance is codified at Chapter (JCC) 18.22 Jefferson County Code.
Protection standards for Fish and Wildlife Habitat Conservation Areas (FWHCAs) are found in
JCC 18.22.630.
https://www.codepublishing.com/WA/JeffersonCounty/#!/JeffersonCounty18/JeffersonCounty1822.ht
ml#18.22.630
Additionally, standard setbacks are found in Chapter 18.30 JCC. At this site, the standard
setbacks are 20-foot road frontage setback and 5-foot side and rear property line setback—with
the exception of the south property line, which is has the FWHCA buffer (Type NS Stream), and
a 5-foot development or impervious surface setback added to the buffer width.
JCC 18.22.630(5)(a)(iv). Buffers shall be retained in their natural condition; however, minor
pruning of vegetation to enhance views or provide access may be permitted as long as the
function and character of the buffer are not diminished. The 50-foot buffer is regulated until
such time that a buffer reduction is approved.
The following image shows the amount of area in the parcel remaining after the buffer and
development setback have been applied.
3
The prescriptive buffer may burden the ability for the parcel to accommodate residential
structures. The code provides for up to 25% buffer reduction or buffer averaging in these
circumstances (50 * 0.25 = 12.5, leaving 37.5 minimum buffer width. Refer to the regulations in
JCC 18.22.640 for buffer reduction or averaging regulations.
https://www.codepublishing.com/WA/JeffersonCounty/#!/JeffersonCounty18/JeffersonCounty1822.html#1
8.22.640.
The following image shows what a buffer width of 37.5 may look like. The dashed line is
measured 37.5 feet from OHWM, and the solid color represents the area to be enhanced to
mitigate impacts.
4
The Habitat Management Report requirement is found in JCC 18.22.650 and mitigation
requirements in JCC 18.22.660. Review subsections 18.22.650(4)(b) and (c). There is a
discussion of variances that may be pursued if the 25% reduction is not adequate.
https://www.codepublishing.com/WA/JeffersonCounty/#!/JeffersonCounty18/JeffersonCounty
1822.html#18.22.650.
Other setbacks:
Development setbacks from property lines (not involved with the buffer) is 5-feet. There is a 5-
foot development and impervious surface setback from the buffer. Stormwater dispersion
trenches, swales, et cetera, must be a minimum of 10 feet away from a foundation, and the
dispersion flow path needs to remain on the property as much as possible. I’ve attached some
dispersion information from the 2019 Department of Ecology’s Stormwater Management
Manual for Western Washington.
Applicable Jefferson County Permits
Not until there is a triggering permit (i.e. a building permit application) can the County review
and approve a buffer reduction proposal. This Critical Area Review is not an approval, nor does
it vest any outcome until there is a permit approval.
Findings, Conclusions, & Recommendations
After reviewing the extent of the full stream buffer on the subject property, development of the
property is likely best served with a Type NS stream buffer reduction. This would allow
additional room for a building footprint and the mitigation plantings in the reduced buffer may
afford some screening from the trail along the stream as well.
However, the buffer reduction requires the applicant to submit a Habitat Management Plan
prepared by a professional and submitted with the building permit for review and approval.
Please be aware that the full 50-foot buffer is regulated until the time a reduction is approved
by Community Development.
Please let me know if you have additional questions.
Joel M. Peterson, AICP
Associate Planner