HomeMy WebLinkAbout19-STAFF REPORTMLA21-00066/ZON21-00040 Page 1 of 31 Pomona Woods
JEFFERSON 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/Community-Development
DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO THE JEFFERSON COUNTY HEARINGS EXAMINER
Re: Type III Conditional Use Permit (CUP) ) FINDINGS, ) CONCLUSIONS, AND ) RECOMMENDATIONS File No.: MLA21-00066 – ZON21-00040 ) ) Applicant: Pomona Woods, LLC ) Applicant; Ann Burkhart )
SUMMARY APPLICATION AND RECOMMENDATION
Date of Application: Jefferson County Department of Community Development (“DCD”) received the application on June 23, 2021, and deemed it substantially complete on September 1, 2021.
Proposal: TYPE III CONDITONAL USE PERMIT FOR A SMALL-SCALE TOURIST RECREATION USE RETREAT CENTER - Pomona Woods LLC (“the applicant”) proposes to construct a commercial, small-scale tourist and recreational retreat center (“Pomona Woods”) along Oak Bay Road in Port Hadlock, Washington. The Pomona Woods Retreat Center would accommodate guest reservations for group activities such as yoga retreats, business group retreats, and corporate or not-for-profit strategic planning. Rooms would not be reserved for individual guests. The 7,155 square foot Pomona Woods Retreat Center proposes twenty-four rooms, a commercial kitchen to serve guests three meals a day, and would accommodate a maximum of thirty-five guests and seven employees. A caretaker residence (for two on-site caretakers), septic system, main parking lot (29 stalls), caretaker parking area (2 stalls), lawn area, one access road, and one entrance sign are also proposed to serve the retreat center. The proposal
would create 53,497 square feet of new impervious surface. All work would be conducted on a vacant, heavily forested property. There is a Coastal Saltwater Intrusion Protection Zone located on the property. No other critical areas are located on the property. The applicant has submitted a SEPA Environmental
Checklist, Stormwater Pollution Prevention Plan, Custom Soil Resource Report, Class IV General Forest Practice Application, and Geotechnical Report in conjunction with the Conditional Use (Type III) Permit application. The proposal is subject to review under the State Environmental Policy Act (SEPA).
Background Summary: Pomona Woods is a new commercial and recreational business in a residential area of Port Hadlock. The applicant participated in the required Pre-Application Conference (JCC 18.40.090) for Type III permits on May 4, 2021. The Unified Development Code (UDC) Administrator determined this application shall be processed as a Type III Conditional Use Permit under JCC
*Exhibit R*
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18.40.530(2) with a public hearing and decision by the Jefferson County Hearing Examiner. Legal Description and Project Location: Parcel # 921183008 & 921183002; Section 18 - Township 29N - Range S18 T29 R1E S 1/2 SE SW; S18 T29 R1E GOV LOT 4(S1/2 W OF CO RD); Oak Bay Road, Port Hadlock, WA 98339 Recommendation: Approval with conditions Project Planner: Amanda S. Hunt, Assistant Planner BACKGROUND INFORMATION Applicants/Owner: Ann Burkhart PO Box 145
Port Hadlock WA 98339 Site Conditions: The subject property is zoned Rural Residential 1:5 and 1:20 and consists of 21.54
acres. The subject property is currently vacant. The project envelope- to which the proposed retreat center and amenities are associated- is approximately 20.21 acres. The entrance parcel is approximately 1.33 acres. Pomona Woods will be accessed by a commercial road approach off of Oak Bay Road. The Oak Bay Road right of way is constricted on the subject property’s side. A Road Approach Permit (“RAP2021-00068”) has been approved by the Jefferson County Department of Community Development and Jefferson County Department of Public Works (“Public Works”) on December 20, 2021 to provide a safe parking area for the applicant. A characterization from mapping resources is that the land is heavily forested with dry valley-like features that slope downwards to the east. 94% of the property will remain naturally vegetated (see “Figure 1”) as a result of the project. The proposed building locations will be located on the flat, western portion of the property (see “Exhibit G”). Oak Bay Road is located approximately 900 feet from Puget Sound. There are no proposed water-based activities related to
this proposal. Figure 1: Pomona
Woods Property
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Surrounding Properties: Surrounding parcels are zoned Rural Residential 1:5 and 1:20, Commercial Forest 1:80, and Rural Forest 1:40 (see “Figure 2”). Properties to the north, east, and south of the site are
occupied by single-family, rural residential properties on multi-acre parcels. Adjacent residential setbacks start at 90 ft from the subject property lines. Adjoining land to the west and north is designated commercial forest land and currently observes an active 6-year moratorium under Forest Practice Application no. 2615156. A 250-ft commercial forest setback will be maintained between the proposed buildings and commercial forest land. All interior lot lines will employ a 50 ft landscaping buffer, which is 35 feet larger than the required landscaping standard for small-scale recreational and tourist use development (JCC 18.30.130(5)). Figure 2: Pomona Woods Zoning Districts
Comprehensive Plan Designation: The Jefferson County Comprehensive Plan (adopted December 10, 2018) designates the subject parcels Rural Residential 1:5 and 1:20. State Environmental Policy Act (SEPA) Review: A Determination of Non-Significance was issued on March 2, 2022. Jefferson County has determined that the above described proposal, conducted in
conformance with the applicable Jefferson County Codes and Ordinances, would not have a probable significant adverse impact on the environment, and an environmental impact statement is not required. This determination was made after review of a completed environmental checklist and other information
on file with the Jefferson County Development Review Division and an inspection of the site.
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Procedural Information: Notice of Application
• Notice of Application mailed to adjacent property owners within 300 feet of the subject property: September 14, 2021
Posting of Notice in official posting places by Staff: September 14, 2021
Posting of Notice On-Site by applicant: September 14, 2021
Notice of Application emailed to public agencies: September 15, 2021 (see “Exhibit J”)
Publication of Legal Notices: September 15, 2021 (Port Townsend-Jefferson County Leader)
Written comment period was open for 15 calendar days from September 15, 2021 until September 30, 2021 at 4:30pm.
Agency Comments Received: Washington State Department of Natural Resources (DNR) - DNR submitted an email dated September 16, 2021 to address constructing approximately 1,800 feet of road and clearing areas for buildings and parking on the existing forested, vacant parcel. Specifically, the email states that, “It appears given the length of road and the amount of clearing, that an approved Class IV‐General Forest Practice Application/Notification (“FPA/N”) will most likely be needed for this activity. The applicant should contact Olympic Region Forest Practice staff to see what will be required” (see “Exhibit P”). Staff Comment: The applicant has contacted the DNR (Ross Goodwin) to meet DNR requirements for
land clearing of approximately 95,516 square feet (approximately 2 acres). The applicant is in the progress of completing the FPA/N application. SEPA Determination is required in order for the applicant to complete the FPA/N. The requirement to complete the FPA/N application after the SEPA
Determination is issued will be addressed as a condition of permit approval. Washington State Department of Ecology (Ecology) - Ecology submitted a letter dated September 30th,
2021 to address solid waste management and water quality/watershed resources unit. Ecology described state requirements regarding clean fill, erosion control measures, and discharge of sediment-laden runoff or other pollutants to waters of the state (see “Exhibit P”). Staff Comment: Ecology recommended several conditions of approval, which are outlined in the recommended conditions of approval section below. DCD concurs with Ecology’s comment and recommended conditions of approval.
Public Comment Received: DCD received twenty-nine (“29”) written public comments from adjacent property owners and the public (see “Exhibit O”). Below is a summary of the comments and a brief response:
Area of Concern Nature of Concern Response
Zoning The proposal will cause a “re-zone”
from residential to commercial. Neighbors do not want commercial distractions. Allowing this use only
benefits the landowner. Is this development setting precedent for commercial uses in residential neighborhoods?
Rural Character is not exclusively
defined as residential use and development. As discussed in section (1), the 2018 Jefferson
Comprehensive Plan encourages commercial and recreational development in Rural Residential Zoning Districts, as long as they are compatible with sustaining a clean environment and will not conflict with other allowed or adjacent uses.
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Approval of the use does not set precedent for commercial uses in rural residential areas. All retreat center
proposals must meet the performance standards in JCC 18.20 that require specific site, use, and operation
conditions in order for approval to be granted. Out of character with the neighborhood and rural area
The project is a commercial development and does not fit in with the rural character of the neighborhood. The project is inconsistent and potentially disruptive
with the primary residential zoning use in the area - impacting a retirement community. The proposal
will be detrimental to privacy, and tranquility.
Small-scale recreational use retreat centers are a rural use under Jefferson County regulations and the 2018 Jefferson County Comprehensive Plan. This facility is commercial,
recreational and tourist based in use. The proposal includes a 6,000 square foot retreat center and 710 square foot
caretaker residence. This scale of development is consistent with parcels in the vicinity (see section (3)(a) for
additional information). The scale of the buildings is consistent with rural and residential structures (i.e. storage buildings, garages, recreational buildings, etc.). The site will be screened from the road and adjacent properties.
Inappropriate Venue Lack of a mountainous or waterfront location is not suitable for the proposed use. There is similar uses and existing locations already available off Oak Bay Rd with amenities nearby (e.g. The Port
Ludlow Resort and Old Alcohol Plant). This land would be better used as four 5-acre home sites. This kind of development should be located within a Master Planned Resort like Port Ludlow. It has the zoning and infrastructure in place [water & sewer] to accommodate a project of
this size.
The applicant is utilizing the heavily forested property for recreational, educational, and tourism uses. The Old Alcohol Plant holds 18 rooms and the Port Ludlow Resort holds 37 rooms are considered a large-scale
hospitality use rather than small scale recreational use. While some Master Planned Resort zoning districts allow retreat centers, the applicant is not restricted to these areas. Recreational retreat centers require a minimum of 10 acres (JCC 18.20.350(9)(a)). Rural Residential 1:20 zoning contains the
required acreage to support the proposal. Increased Traffic The proposal will be detrimental to safety, increase accidents, increase risk to non-motorized transportation (e.g. cyclists), and diminish line of site from neighbor’s driveways. The
proposal will generate trips exceeding the road capacity of Oak Bay Road.
A Road Approach Permit has been approved by Public Works on December 20, 2021 to develop a safe parking/ turn around area for the applicant and for associated vehicles
to park off of Oak Bay Road without obstructing the line of sight. Based on CRAB Mobility data, Public Works recommends finding that the proposal
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is not likely to result in significant adverse impacts related to transportation. A further discussion of
compliance with this criterion may be found below in sections (3)(b) and (3)(f).
Water Capacity/ Saltwater Intrusion A history of poor water availability has been identified by various public members. There is concern that the proposal will draw down the aquifer and impact wells in the area (especially in the summer months).
The proposed well will substantially
increase the risk of saltwater intrusion through pumping coastal freshwater near the Puget Sound.
During the 2021 Notice of Application period, the applicant had originally proposed to drill a well for potable water access. The applicant has received “preliminary approval” from the Jefferson County Public Utility District for a public water
connection to the Quimper Water System. A well is no longer proposed for this project. A further discussion
of compliance with this criterion may be found below in sections (2) and (3)(b).
Stormwater Runoff/
Land Instability/Erosion
The proposed impervious surface will
cause detrimental stormwater run‐off, erosion, increased landslide exposure, potential slope destabilization and
saturation, and increased earthquake damage. The proposal’s Custom Soil Resource Report and Geotechnical
Report do not reference or include an analysis of the known instability and land subsidence issues in the vicinity of the proposed development along Oak Bay Road and Old Oak Bay Road.
A Geologic Hazard Assessment,
prepared by Stratum Group (dated July 14, 2021) was revised on November 22, 2021 to assess the risk
of landslide and erosion on the subject property (see “Exhibit H”). Stratum Group concluded the subject
properties are not at risk from landslides or erosion. Public Works has reviewed and approved the submitted stormwater management plan. Public Works recommends finding that the proposal is not likely
to result in significant adverse impacts related to erosion or stormwater runoff. A further discussion of compliance with this criterion may be found below in sections (2) and (3)(b).
The applicant is not liable for geological hazardous areas located on other properties, unless the
professional geologist finds that the proposed development would impact the erosion or instability of adjacent
geological features of the landscape.
Logging There will be increased traffic from logging, destruction of the ecosystem in combination with commercial logging to the north and west, and increased risk of landslides from
See “Stormwater Runoff” section above for geotechnical findings and “Traffic” section above for traffic analysis findings.
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proposed logging activities.
94% of the subject property will remain heavily forested as result of the proposal. The applicant has
applied for a DNR Class IV-General Forest Practice Application and shall follow Jefferson County and DNR
land clearing requirements. DCD did not receive any comments from the state agencies or tribes indicating that
critical areas have the potential to be adversely affected by the proposal. See section (2) and (3)(i) for additional information.
Business Failure and Impacts The proposal will be competing with other venues in the area that can offer additional amenities. History suggests
that a failed business will convert to a new business that neighbors would not approve of. There are numerous
existing studios and facilities trying to recover business and need rentals like this new facility
. Existing facilities will therefore have to compete for business.
All proposed new uses and applications must receive an approved permit(s) from Jefferson County
pursuant to 18.40.530 (4) (g) and other applicable agencies prior to development. The change of use
within the existing buildings must also be an approved county use and permitted under the required permit process. Comments relating to existing business impacts are general and unsupported by any specific data or findings and therefore this could not be considered in the analysis of the application.
De-value Property The property value of adjacent properties will go down because people will not want to buy a property next to a recreational retreat center. In
a neighborhood where people's primary reason for purchasing property is solitude and serenity, there will be a great impact on the home appreciation and value of surrounding homes. The proposal would impact resident investments.
Purely economic interests are not within the zone of interests protected by SEPA and therefore the County’s conditional use approval criteria does
consider impacts to property values unrelated to the environment. Comments relating to the decreased property value are excluded from the list of the elements of the environment that inform SEPA as outlined in the Washington Administrative Code 197-11-444.
SEPA Determination of Non-Significance
The Determination of Non-Significance under SEPA is not sufficient for a development of this size and the impact on the neighboring areas along Oak Bay Road. An Environmental Impact Statement should be prepared as a
resolution to concerns.
The SEPA Environmental Checklist requires department review of project background and environmental elements (see “Exhibit C”). Review of the checklist and application submittals confirmed that the proposal is likely to have no significant adverse
environmental impacts. A SEPA Determination of Non-Significance was therefore issued by the County. A further discussion of compliance with
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environmental and human protection may be found below in section (1), (2), and (3).
Loss of Privacy/Security The project will attract “strangers” to the site and cause property crime, trespassing of private property, safety concerns to children, and loss of privacy from proximity of
development to property lines.
The proposal includes a caretaker, whose primary responsibility is to ensure the security of the guests and, by extension, the wider community. No research on these issues has been submitted to Jefferson County that indicates a definitive correlation between retreat centers and an increase in property crime. Comments relating to the increased crime are
generalized and unsupported by any specific data or findings and therefore this should not be considered in the
analysis of the application unless articulable concerns are probably raised.
Septic Capacity “Subsequent fresh water flow would
impact the proposed septic system, requiring increased capacity. We've recently had a visit from a
representative from Jefferson County Health Department who was investigating the increased bacterial
load being released into Oak Bay and the resulting toxic algae bloom. That impact involved only a few homes whose septic fields might empty into a nearby creek. Now, imagine the resulting impact of the guests and
staff of this proposed resort”.
The applicant has applied for a new
septic system permit application from Environmental Health under SEP2022-00017. The proposed on-site
septic system is sized for commercial sewage of the caretaker residence and the 24-room retreat center with single
room occupancy. No other types of waste will be generated on site. The septic system will be reviewed again upon building permit application to insure compliance with County conditions.
Noise and Light Pollution The proposal will create light and noise pollution from construction activities, construction vehicles, guest
vehicles, delivery vehicles, parking areas, retreat center windows, outdoor gatherings/activities, and an increase
in traffic along Oak Bay Road.
The County’s conditional use approval criteria require that the project will not introduce noise,
smoke, dust, fumes, vibrations, odors, or other conditions or which unreasonably impacts existing uses in
the vicinity of the subject parcel. A further discussion of compliance with this criterion may be found below in section (3)(d).
Wetlands, Streams and Wildlife There are reported streams, wetlands, old growth trees, wildlife habitat, and environmentally sensitive areas on the
subject property or within the vicinity of the subject property.
Wetlands and stream were not observed during review of the property through the Jefferson County
Geographic Information Systems mapping or August 12, 2021 DCD Staff Site Visit. The U.S Fish and
Wildlife Service and the Washington
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State Department of Fish and Wildlife have not designated Endangered or Threatened Species habitat (“Critical
Habitat”) on the subject property, nor have they submitted comments on this proposal. A further discussion of
compliance with this criterion may be found below in section (3)(i). Wildfire The proposal will create 43,607 square feet of impervious surface that will be a disruption to the existing absorption of water and will increase the risk of forest fires. There will also
be an increased wildfire risk from cigarette butts.
According to the Geology Hazard Assessment, the property size, forested condition, and soil types will allow successful full dispersion from proposed impervious areas. The
geologist therefore did not find potential issues related to the infiltration of water into the soil as a
result of the proposal. According to the SEPA Environmental Checklist (see “Exhibit C”, pg. 13), the
applicant proposes to “actively monitor forest health through daily walks”. Risks of wildfire will therefore be routinely assessed by the property owner. Employees, Caretakers, Guests “Why does the applicant state that residents and staff be limited to a total
of 42 persons when 24 rooms plus caretaker housing could potentially accommodate 48+ persons”.
The applicant is limiting maximum retreat occupancy to 35 guests. The
rooms are proposed to be for single occupancy. The applicant is also proposing to limit employees to seven people. One caretaker is also expected to be on-site. Therefore, a total of 43 people is the proposed maximum
number of people on-site at any given time (excluding deliveries and maintenance activities). See “Exhibit C” for additional information.
Expanded Business Opportunities This proposal will be a positive change as Jefferson County grows and seeks expanded business
possibilities.
Jefferson County finds that the proposal aligns with Framework Goal III of the Comprehensive Plan. The
applicant is proposing to create jobs that would grow and support a rural economy. A further discussion of compliance with this criterion may be found below in section (1). Covid-19 Health concerns regarding Covid and the new virus from bring people in
our retirement community from other states and cities.
Jefferson County does not regulate state Covid-19 policies. It is the
applicant’s responsibilities to abide by the Covid-19 policies made effective by the Washington State Department
of Health.
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REVIEW CRITERIA State and Local Approvals and Permits Required:
Jefferson County Department of Community Development Type III Conditional Use Permit
Jefferson County Department of Community Development Building Permit
Jefferson County Department of Environmental Health Septic Permit
Jefferson County Department of Public Works Utility Permit Application
Washington State Department of Natural Resources Class IV General Forest Practice Permit Applicable Ordinances and Plans:
Jefferson County Comprehensive Plan, adopted December 10, 2018, as amended, and
Jefferson County Code (JCC), JCC Title 15 Buildings and Construction and Title 18 Unified Development Code (UDC), adopted December 18, 2000 and effective January 16, 2001 as amended.
STAFF FINDINGS
The following presents staff findings regarding consistency of the application with the 2018 Jefferson County Comprehensive Plan and the Jefferson County Code (“JCC”). Based on the findings presented
below, recommended staff conditions are included at the end of this staff report. Section 1. Jefferson County Comprehensive Plan. Land use, rural, environmental, and economic
development goals and frameworks identified in the Jefferson County Comprehensive Plan indicate that the project is aligned with the community’s expectations for a small-scale recreational use retreat center conditional use project. Specifically, Goals LU-G-7 and LU-G-26, and Framework I and III, address
outcomes that are included in the applicant’s proposal. Framework Goal I - Preserving Rural Character: Conserve Jefferson County’s functioning rural way of
life, agricultural and forest working lands, shoreline and mountain vistas, and natural ecosystems, not just to be preserved to provide scenery, but to be preserved as a living, working, and sustaining rural landscape with which the community has a living/working relationship. Rural Character is not
exclusively defined as residential use and development. Rural character also incorporates preserving a way of life where people have a right to “work” and “use” the land to provide a living for themselves and their families. The applicant is proposing to provide employment opportunities through an allowed use in the Rural Residential zoning district. The proposal is consistent with the above Jefferson County Comprehensive Plan Framework Goal.
Framework Goal III - Enhancement of the Rural Economy: Grow a robust economy with living wage jobs based on resource lands, manufacturing, tourist and recreation-oriented services, and evolving
technologies that allows our communities to thrive; through a concept of a sustainable rural economy –benefiting the county’s clean environment, and benefiting from the county’s clean environment. To align with Framework Goal III of the Comprehensive Plan, property owners are encouraged and are allowed to
create jobs to grow and support a rural economy as long as they are compatible with sustaining a clean environment and will not conflict with other allowed or adjacent uses. The applicant has demonstrated in the permit application submittals and SEPA Environmental Checklist that the proposal will not cause an adverse effect to the environment or be detrimental to uses adjacent to or in the vicinity of the proposal. See sections (2) and (3) for additional information. The proposal is consistent with the above Jefferson County Comprehensive Plan Framework Goal.
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Land Use- Environment: Goal LU-G-7 Preserve the functions and values of critical environmental areas
and protect development from the risks of environmental hazards. Policy LU-P-7.9 Continue to protect aquifer recharge areas from depletion of aquifer quantity or degradation of aquifer quality under the Critical Area Ordinance (CAO). Continue to periodically review and update CAO regulations relating to
aquifer recharge, including best available science. During the Notice of Application period, the applicant originally proposed to drill a well for potable water. In response to complexities involving the well drilling process and testing for potable water, and public comments received concerning the local aquifer, the applicant decided to pursue a public water connection with the Jefferson County Public Utility District (“JPUD”). The applicant therefore has integrated public and environmental concerns into their proposal, and facilitated project design changes accordingly. See section (2) and (3)(b) for additional information. The proposal is consistent with the above Land Use goal and policy.
Policy LU-P-7.11 Continue to ensure that landslide, erosion, and seismic hazard areas are appropriately
designated and that measures protecting public health and safety are implemented for hazardous areas under the Critical Areas Ordinance. According to the Jefferson County Geographic Information Systems
mapping, there are geological hazardous areas (slight landslide hazard area and shoreline slope stability area- intermediate slope) located on the subject property. The applicant ensured that measures protecting public health and safety are implemented by consulting a professional geologist to assess property risk
and determine the best management practices required. A 2021 Geologic Hazard Assessment determined the subject properties are not at risk from landslides or erosion (see “Exhibit H”). See section (2) for additional information. The proposal is consistent with the above Land Use goal and policy.
Land Use – Rural: Goal LU-G-26 Foster economic development that relies on a rural location and setting, and that is small scaled recreational or tourist-related. Policy LU-P-26.1 Small-scale recreational or
tourist uses shall be defined as those uses reliant upon the rural setting, incorporating the scenic and natural features of the land. Under no circumstances should this policy be interpreted to permit new residential development, except that allowed by underlying zoning, and that necessary for on-site
management. The applicant has selected the subject property to utilize the rural setting of Port Hadlock and incorporate the natural forested features of the site to host small groups (e.g. corporate or not-for-profit strategic planning off site, yoga workshop, family or friends gathering, etc). “Recreational uses”, as defined in JCC 18.10.180, means those activities of a voluntary and leisure time nature that aid in promoting entertainment, pleasure, play, relaxation, or instruction. The proposed 6,000 square foot retreat center aligns with Jefferson County definition of “recreational uses” by proposing solely educational, enrichment, and connection activities. Examples of proposed recreational activities include trail walking, small fire pit gathering, outdoor lounging, farm visits, and dinner lectures from craftspeople, environmentalists, storytellers, artists, and local tribal members (see “Exhibit C”, p. 18 of 23). A small 710 square foot caretaker residence is proposed for on-site management. At least one person will
live on-site in the caretaker residence. No other residential development is proposed. The proposal is consistent with the above Land Use goal and policy.
Policy LU-P-26.2 Small-scale recreational or tourist uses shall be provided for through a permitting process appropriate to the type of proposed use and the land use district in which it is proposed. As identified in Table 3-1. Allowable and Prohibited Uses under JCC 18.15.040, recreational, cultural or
religious conference center/retreat facilities located in the Rural Residential 1:5 or 1:20 zoning districts require a Type III Conditional Use Permit. The applicant applied for a Type III Conditional Use Permit with Jefferson County DCD on June 23, 2021 and is scheduled to bring forth the project to the Jefferson County Hearing Examiner on March 17, 2022. The proposal is consistent with the above Land Use goal and policy.
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Policy LU-P-26.3 The primary use of the site shall be for the small-scale recreational or tourist use. Commercial facilities, as provided for within an approved conditional use permit for small-scale
recreational or tourist uses, shall serve only those recreational and tourist uses. As described in the staff comment above for Policy LU-P-26.1, the primary use of Pomona Woods shall be for small-scale recreational and tourist uses. Commercial use, as defined in JCC 18.10.030, means a business use or activity at a scale greater than a home business or cottage industry involving retail or wholesale marketing of goods and services. Pomona Woods proposes to subsequently provide retail of goods and services by marketing lodging and venue settings for small group reservations. The proposal is consistent with the above Land Use goal and policy.
Section 2. Jefferson County Code – Critical Areas (Chapter 18.22). The proposed development is subject to the critical area regulations under Chapter 18.22 JCC. DCD staff reviewed the application for the potential presence of critical areas. Jefferson County Geographic Information Systems mapping
review identified the following critical areas on the subject property: geological hazardous areas (slight landslide hazard area and shoreline slope stability area- intermediate slope) and coastal saltwater intrusion protection zone.
Staff Comment: No bodies of water were shown through the Geographic Information Systems mapping. A Site Visit was conducted by the assigned Assistant Planner and Staff Biologist on August 12, 2021. No
wetlands or streams were observed by the road side culverts or within the inland dry valleys running toward Oak Bay Road. Vegetation near the culverts indicate soil may be moist during the dry season, but the water was not found to form a seasonal or active stream or wetland. A Geologic Hazard Assessment, prepared by Stratum Group (dated July 14, 2021) was revised on November 22, 2021 to assess the risk of landslide and erosion at the subject property (see “Exhibit H”). Stratum Group concluded the subject properties are not at risk from landslides or erosion. As shown in Figure 2 of the Geologic Hazard Assessment, the proposed building areas are located outside of the steepest valley areas and the potential erosion area subject to periodic flow. The property is underlain by well drained dense silty to sandy hard glacial till. No evidence of previous, ongoing, or incipient land sliding is present on the property. The relict valleys on the property have stable slopes and the road cut above Oak Bay Road appears to be stable with no indications of potential sliding on the cut slopes. Furthermore, building a driveway to access the upper west portion of the property and development of the
upper western part of the property can be accomplished without increasing the risk of landslides or erosion on or off the site as long as the recommendations in the assessment are followed and grading and stormwater for the development area are managed in a manner consistent with best management practices
and with the 2019 Stormwater Management Manual for Western Washington (“2019 SWMMWW”). The project is consistent with the assessment’s geotechnical, stormwater, and construction recommendations. The requirement to follow these recommendations are included as recommended conditions of approval.
The applicant has submitted a public water connection application to the Jefferson County Public Utility District (“JPUD”) for installation of a public waterline extension to the Quimper Water System. A
Certificate of Water Supply Utility Service was submitted to Jefferson County DCD on January 31, 2022. JPUD has acknowledged that the Quimper Water System has the capacity in installed facilities and water rights to serve the proposed development with improvements and that the service to the proposed project
is consistent with the utility's water system plan (see “Exhibit L”, p. 4). No well drilling or installation of a private water source is proposed for this project. An aquifer recharge report is not required for proposal, but the applicant must comply with applicable protection standards. The proposal was determined to compliant with Article III. Critical Aquifer Recharge Areas of Chapter 18.22 JCC. As conditioned, the
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proposal is not expected to negatively affect critical aquifer recharge areas or seawater intrusion protection zones.
The applicant has indicated in the revised SEPA Environmental Checklist (see “Exhibit C”) submitted on November 22, 2021, that no archeological evidence has been found at the subject property. Review of the
Washington State Department of Archeology and Historical Preservation (“DAHP”) GIS Maps found no potential archeological sites within 500 feet of the project area. The project application was sent to DAHP and to tribes. No comments were received. The requirement to follow an Inadvertent Discovery Plan (see
“Exhibit Q”) is included in the recommended conditions of approval. The conditional use permit application was noticed to state agencies and tribes. DCD did not receive any
comments from the state agencies or tribes indicating that critical areas have the potential to be adversely affected by the proposal. Based on this, the proposal is considered to be in compliance with the protection policies and regulations of JCC 18.22 and 18.30.160.
Section 3. Jefferson County Code 18.40.530(1) Type III Conditional Use Permit Approval Criteria. The County may approve or approve with modifications an application for a conditional use permit (i.e.,
uses listed in Table 3-1 in JCC 18.15.040 as “C(a),” “C(d)” or “C”) only if all of the following criteria are satisfied:
(a) The conditional use is harmonious and appropriate in design, character and appearance with the
existing or intended character and quality of development in the vicinity of the subject property and with
the physical characteristics of the subject property;
Staff Comment: Small-scale recreation or tourist use regulations were designed and adopted to comply
with the 2018 Comprehensive Plan in terms of rural character. The proposed small-scale tourist
recreational retreat center is compatible with rural character because by definition a “small-scale
recreation or tourist use” is a use that relies upon a rural setting or location; does not include any new
residential development beyond that allowed in the underlying land use district; and otherwise meets the
performance standards in JCC 18.20.350 (JCC 18.10.190 S definitions). As discussed in section (1), the
proposal is categorized as a “small-scale recreation and tourist use” under JCC 18.20.350(1)(n) and meets
the minimum density standards in JCC 18.20.350(9).
The proposal is reliant upon the rural setting in Port Hadlock to enjoy the scenic and natural amenities in
an environmentally sensitive manner consistent with the rural character of the County. Approximately
94% of the property will remain naturally vegetated, which will be utilized by the proposal through
recreational and outdoor group activities such as trail walking, farm visits, educational lectures, small fire
pit gatherings, and outdoor lounging. As discussed in sections (3)(b), (3)(d), and (3)(e), appropriate best
management practices will be implemented throughout the life span of the proposal to protect the
intended character of the neighbourhood from proposed outdoor recreational and general operation
activities. The conditional use is therefore harmonious and appropriate in character with the existing or
intended character and quality of rural development in the vicinity.
The applicant has modified their original proposal to extend the setback between the proposed buildings
and adjacent property lines. The proposed development site is located on the west side of the 21-acre property, leaving approximately 666,000 square feet of mature forest between the development site and
Oak Bay Road. Referring to Figure 3, note that the parcel directly below (parcel 921192003) has an
existing single-family residence located approximately 90 feet to the applicant’s property line. According
to the submitted site plan dated November 22, 2021 (see “Exhibit G”), the proposed 710 square foot
caretaker residence is located approximately 82 feet from parcel 921192003. This places the proposed
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residential building approximately 350 feet from the nearest existing single-family residence along Oak
Bay Road.
Figure 3: Adjacent Single-Family Residence
According to the site plan (see “Exhibit G”), the proposed 6,000 square foot retreat center is located
approximately 239 feet from parcel 921192003 (see “Figure 3”). This places the nearest existing single-
family residence along Oak Bay Road approximately 500 feet from the proposed retreat center. All other
existing single-family residential development, on each side of Oak Bay Road, is located at least 600 feet
away from the proposed retreat center. This is consistent with development in the vicinity of the project,
and in fact, southern development within one quarter mile of the subject property exhibit an average 855-
foot setback from Oak Bay Road (see “Figure 4”).
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Figure 4: Consistent Development Setbacks
Pursuant to JCC18.30.130(3), an existing 50-foot stand of mature trees and vegetation will be employed
as Screen A landscaping around the all interior property lines, including the southern property line
adjacent to parcel 921192003. The proposed caretaker residence and retreat center will therefore be
sufficiently screened from view of the adjacent properties. The proposal also meets the 250-foot
minimum commercial forest setback, per JCC 18.15.150(3), from the adjacent commercial forest lands
(parcel 921182005).
The proposed retreat center will not be the first recreational or commercial use in the project vicinity,
along Oak Bay Road, or in rural residential zoning. The bullets below list examples of existing
recreational and commercial uses in the area, as well as an existing building of greater square footage than
the proposed retreat canter:
• Parcel 921183025: Under BLD1999-00614, construction of an all-steel 7200 square foot covered
tennis court with attached all-steel 800 sq. ft building.
• Parcel 921183012: Under BLD2013-00238, construction of 2,448 square foot pickleball
court/pole building on footprint of demoed single-family residence (no heat, no plumbing).
• Parcel 921192007: Under BLD2007-00604 and ZON2008-00010, construction of 1,420 square
foot recording studio/office for home business with connecting steel bridge to single family
residence (heated, 1 bathroom).
• Parcel 921073027- Pete’s Electric
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• Parcel 921073016: Oak Bay Getaway – Vacation Rental
• Parcel 977400018- Shanty Too- Vacation Rental
The 6,000 square foot retreat center is on average 1,500 to 4,000 square feet larger than the average
residence existing along Oak Bay Road. However, based on the examples provided in the list above, the
proposal is not inconsistent with the range of uses or size of buildings existing along Oak Bay Road, in
the greater Port Ludlow Area, and adjacent to single family residential development. The proposed
caretaker residence (710 square feet) is less than the average 2,000 square feet home size along Oak Bay
Road.
With the naturally vegetated 50-foot landscaping buffer along all interior property lines, proposed setbacks from existing residential development and Oak Bay Road, the 250-foot building setback from the commercial forest parcel, and the proposed scale of development, the applicant has demonstrated that
their proposal complies with the performance standards in JCC 18.20.350, and is consistent and harmonious with the appearance and character of development in the vicinity.
The Jefferson County Department of Community Development finds that the proposal meets this criterion.
(b) The conditional use will be served by adequate infrastructure including roads, fire protection, water,
wastewater disposal, and stormwater control;
Staff Comment: Jefferson County has reviewed the application and found that the application meets
required substantive standards under this criterion.
Roads: A Road Approach Permit (“RAP2021-00068”) has been approved by Public Works on December
20, 2021 to develop a safe parking area (“road approach” or “road apron”) for the applicant to park off of
Oak Bay Road. Upon conditional use permit approval, the applicant may begin constructing the private
driveway from the approved approach area. Public Works submitted SEPA Review and Stormwater Site
Plan Review and Comments Memorandum(s) (see “Exhibit P”) in conjunction with this application to
analyze transportation impacts. Based on the minor increase in traffic, and the low accident rate history
along Oak Bay Road in the vicinity of the proposed project, Public Works recommends finding that the
proposal is not likely to result in significant adverse impacts related to transportation. Improvements to
Oak Bay Road to mitigate impacts is therefore not required. See section (3)(f) for additional information.
Fire Protection: The Port Ludlow Fire and Rescue Department (“East Jefferson County Fire District”)
provides fire protection to Port Hadlock. The Notice of Application was mailed to the East Jefferson
County Fire District on September 15, 2021. DCD received no written comments during the notice period.
DCD Staff followed up with the Jefferson County Certified Consulting International Fire Code Inspector
& Plans Examiner (Mr. Thomas L. Aumock) who determined that the fire hydrant location and fire
sprinkling system design will be arranged with the Port Ludlow Fire and Rescue Department and JPUD at
the time of the building application. Otherwise known as a deferred submittal. Other comments from Mr.
Aumock include: “The Jefferson County PUD No. 1 fire flow and duration modeling data for a potential
fire hydrant on Oak Bay Road, from the existing water service main associated with this proposal, will be
presented in due time. Required automatic fire sprinkler system supply capability modeling is not
required at this time, but will be required at permit application review for compliance with the
International Fire Code. I recommend the extension request as requested”. These comments will be noted
during building permit application fire review.
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The applicant is required to determine if the site meets the Port Ludlow Fire and Rescue Department
capability criteria (i.e. accessibility for grades over 12%, road construction, turnouts, etc.) prior to the
Public Hearing and conditional use approval. On February 2, 2002, Brian Tracer, Assistant Fire Chief of
the East Jefferson Fire Rescue, submitted a determined that the proposal “conforms to the intent of the
International Fire Code (“IFC”) and road access standards with regard to emergency service access” (see
“Exhibit M”). Based upon Mr. Aumock’ s and the East Jefferson County Fire District’s comments, DCD
staff have determined the proposal will have adequate fire and emergency protection.
A small outdoor fire pit is proposed to be located outside of the retreat center facility. The applicant
proposes to store sand buckets and install a water spigot close by for extinguishing fires. The fire pit shall
only be used if winds are below 15mph and if there are no County burn bans effective at that time. The
applicant shall manage surrounding vegetation to ensure no overhanging vegetation will be located near
the fire pit. The requirement to implement best management practices to safely use the proposed small
outdoor fire pit is included as a recommended condition of approval.
Water: A public water connection application was submitted to JPUD for installation of a public waterline
extension to the Quimper Water System. The Jefferson County Environmental Health Department
(“Environmental Health”) has approved the conditional use of this project for available potable water,
provided that there is an appropriately approved and installed water main extension from the Quimper
Water System #05783 to serve the project. Future building permits will not be approved for available
potable water unless the water tap is located on the subject parcel and connection is available. This
requirement is included as a recommended condition of approval.
As discussed in section (2), the public water connection application was also approved by JPUD on
January 31, 2022 (see “Exhibit L”). Potable water will therefore be accessed by the Quimper Water
System through a public water connection installed within the right-of-way along Oak Bay Road. The
public water connection was approved by JPUD to serve 24 rooms for the proposed retreat center. A 10-
inch PVC water main will be required to be extended from the termination of JPUD's existing water main,
approximately at the intersection of Eagle Ridge Drive and Oak Bay Road. The extension will be
approximately 1,500 foot in length running south along Oak Bay Road. The improvements where
modeled for a fire flow of 1,000gpm at the end of the Quimper Water System. Final approval will be
determined when a building permit application is submitted to the Jefferson County Department of
Environmental Health and DCD.
Wastewater: The applicant has applied for a new septic system permit application with Environmental
Health under SEP2022-00017. The proposed on-site septic system is sized for commercial sewage of the
caretaker residence and the 24-room retreat center with single room occupancy. The proposed septic
system is limited to 10 staff and 35 guests, and will serve up to 3,487.5 gallons a day. No other types of
waste will be generated on site. The septic system will be reviewed again upon building permit
application to insure compliance with County conditions. The requirement to obtain an approved septic
system permit prior to approval of the building permit application is included as a recommended
condition of approval. Occupancy shall not be permitted before water supplies and sewage disposal
facilities are approved and installed.
Stormwater Control: The applicant is proposing 53,497 square feet of new impervious surface and 85,064
square feet of land disturbing activities. The 2019 Stormwater Management Manual for Western Washington (“2019 SWMMWW”) requires proponents of proposals that create more than 5,000 square
feet of new impervious surface to develop a Stormwater Site Plan that complies with Minimum Requirements #1 - #9. The submitted Stormwater Management Plan and Stormwater Site Plan (see
“Exhibit E”) proposes to meet requirements of the 2019 SWMMWW by implementing dispersion
MLA21-00066/ZON21-00040 Page 18 of 31 Pomona Woods
stormwater systems and other best management practices. Dan McShane LEG of Stratum Group
approved dispersion stormwater systems for the proposal and site within the submitted 2021 Geologic
Hazard Assessment (see “Exhibit H”). Public Works submitted SEPA Review and Stormwater Site Plan
Review and Comments Memorandum(s) (see “Exhibit P”) on September 30, 2021 addressing the
proposed stormwater management plan. Based on the requirement to implement the approved Stormwater
Management Plan and Stormwater Site Plan, Public Works recommends finding that the proposal is not
likely to result in significant adverse impacts related to erosion or stormwater runoff.
The applicant revised their original stormwater management plan submittals on November 10, 2021 and
November 17, 2021. Public Works verified that the revised Stormwater Management Plan and
Stormwater Site Plan still meet the intent of meeting Minimum Requirements #1 - #9 of the 2019
SWMMWW.
An approved Stormwater Site Plan, including a raingarden design, will be required at time of building
permit application. The stormwater system will be reviewed and approved by Public Works consistent
with the 2019 SWMMWW at the time of building application. The requirement for the applicant to
follow recommendations and requirements of the Public Works SEPA Review and Stormwater Site Plan
Review and Comments Memorandum(s) (see “Exhibit P”) is included as a recommended condition of
approval.
(c) The conditional use will not be materially detrimental to uses or property in the vicinity of the subject
parcel.
Staff Comment: The primary use of property in the vicinity is residential, with the exception of the
designated commercial forest lands zoned to the north and west. There is an expectation that owners of
residential property have a right to the peaceful enjoyment of their property, especially since they use
their property for living and sleeping. Therefore, any impact from neighboring property that could affect
that use could be considered materially detrimental.
The proposed use of the subject property is also residential, as well as recreational, tourism and
commercial. Based upon prior permitting of commercial uses adjacent to residential uses in Jefferson
County, likely impacts to residential use from commercial activities are primarily noise and traffic, with
visual impacts such as light and bulk from structures that are not screened from view. Under the current
proposal, most long-term noise will be generated by delivery vehicles and small group gatherings that
congregate outside in landscaped areas. The minor increase in traffic along Oak Bay Road will not require transportation mitigation, as discussed in section (3)(b). Short term noise will be generated by
construction work related activities and equipment. The applicant has proposed best management practices to alleviate these common long- and short-term noise, light, and visual impacts. A further
discussion of compliance with this criterion may be found below in sections (3)(d) and (3)(e).
Based upon these measures, the applicant has demonstrated that the proposal will not be materially
detrimental to commercial forestry or residential uses or property in the vicinity, and therefore, the
Jefferson County DCD finds that the proposal meets this criterion.
(d) The conditional use will not introduce noise, smoke, dust, fumes, vibrations, odors, or other
conditions or which unreasonably impact existing uses in the vicinity of the subject parcel;
Staff Comment: DCD has reviewed the application and concludes that the proposal will not introduce unreasonable noise, smoke, dust, fumes, vibrations, odors, other conditions or which unreasonably impacts existing uses in the vicinity of the subject parcel.
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Noise: No noise study has been submitted in conjunction with this application due to the expected minimum noise impacts typical of residential and small-scale recreational development. The property
owner has proposed to live on-site to monitor noise and other impacts. Most of the proposed group meetings are to be held indoors. Amplification of noise will not be allowed on site. The applicant has described best management practices in the SEPA Environmental Checklist (see “Exhibit C) to support their proposal. The checklist identifies best management practices to address noise generated by short term construction, guest arrivals and departures, and long-term business operations. In compliance with noise regulations of JCC 18.30.190 and JCC 8.70.050, guest arrival or departure and outdoor activities will only be allowed to occur between 8 AM to 10 PM. Noise generated from constructions activities will be limited to 7:00 AM to 10:00 PM. Noise from construction is however expected to only occur from 7:00 AM to 3:30 PM and will be minimized between 7:00 AM to 8:00 AM by focusing on staging, team meetings, plan reviews, and material mobilization during that hour timeframe. Deliveries by commercial trucks shall occur during normal business hours (8:00 AM-5:00 PM). The requirement to implement best
management practices prior to the start of land disturbing activities and throughout operations are included as a recommended condition of approval.
The applicant has also proposed sufficient setbacks between the proposed buildings and adjacent residences to mitigate for noise related impacts. A further discussion of compliance with this criterion may be found above in sections (3)(a).
Smoke, Fumes, and Odors: No structure related smoke, fumes, or odors will be generated as a part of long-term operations of the retreat center and caretaker residence. A small fire pit is proposed but is not expected to unreasonably impact existing uses in the vicinity of the subject parcel. The applicant shall comply with the Olympic Air Quality District and Jefferson County Fire District to reduce or minimize smoke, fumes, and/or odors generated from retreat center operations, passenger vehicles, commercial trucks, and construction equipment. The conditional use permit application was noticed to State agencies and Tribes. DCD did not receive any comments indicating that existing uses in the vicinity of the subject parcel have the potential to be adversely affected by the smoke, fumes, and/or odors generated by the proposal. The proposed use is located adjacent to commercial forest land. All buildings meet the required 250-foot building setback from commercial forest land (JCC 18.15.150(3)). The 250-foot setback is heavily vegetated with mature forest stands. The proposal is not expected to be affected by commercial logging
activities and related smoke, fumes, or odors adjacent to the property. Dust: Any dust generated by operations or construction activities will be managed through
implementation of best management practices. The applicant has described best management practices in the SEPA Environmental Checklist (see “Exhibit C”) to support their proposal. The contractor shall be required to minimize dust related impacts through covering all ground stockpiles with poly membrane in
dry months and straw during the wet months, spraying exposed soil and storage areas with water during dry periods, cleaning construction entrances, and maintaining the construction road as weather and construction activities dictate. The requirement to implement best management practices prior to the start of land disturbing activities and throughout construction operations is included as a recommended condition of approval. A 50-foot landscaping buffer, composed of mature forest stands, shall be maintained throughout the life span of the retreat center and caretaker residence operations. The proposed building and construction areas will be located outside of the 50-landscaping buffer, screening existing uses from potential dust. Existing uses within the vicinity of the subject parcel are therefore not expected to be impacted by potential dust. The requirement to maintain the 50-foot landscaping buffer throughout the life span of the
proposal is included as a recommended condition of approval.
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Vibrations: Retreat center equipment and activities that produces noticeable or unreasonable vibrations
will not be allowed. For example, no amplified music will be allowed on-site. In addition, no un-shielded electricity-producing generators will be installed or used for operations of the proposal. Lights: The applicant proposes outdoor safety lights to mark pathways around the proposed buildings and approximately 4,500 square feet of large glass windows around the exterior of the retreat center. Per JCC 18.30.140(1), the proposed outdoor safety lights will be located lower than 20 feet and will be aimed low to encourage star gazing by guests. Outdoor safety lights will be shielded or recessed so that direct glare and reflections are contained within the boundaries of the parcel. Outdoor safety lights will also be directed downward and away from adjoining properties. Roll shades will be installed on the retreat center windows to control light glare during night time hours. The proposed 50-foot landscaping buffer will provide additional screening between the proposed buildings and adjacent properties. The requirement to
install and maintain these best management practices is included as a recommended condition of approval.
Jefferson County DCD finds that the proposal meets this criterion. (e) The location, size, and height of buildings, structures, walls and fences, and screening vegetation for
the conditional use will not unreasonably interfere with allowable development or use of neighboring
properties;
Staff Comment: All proposed development is located on-site, is consistent with County code
requirements, and provides setbacks, buffers, and screening consistent with or in excess of County
requirements. The proposal will therefore not interfere with allowed development or use of neighboring
properties.
Buildings: The applicant is proposing two buildings in conjunction with the small-scale recreational and
tourist use. The total footprint of the proposed retreat center (including stairs and ramps) will cover a
7,155 square foot area. The footprint of the caretaker residence will cover a 710 square foot area. As
discussed in section (3)(a), the overall building site is located on the west side of the 21-acre property,
leaving approximately 666,000 square feet of mature forest between the development site and Oak Bay
Road. The buildings will be located 1,045 + feet from Oak Bay Road, and 82 + feet from the southern
property line. Both buildings will have either hardie board or cedar plank exteriors (dark brown) to avoid
visual or aesthetic impacts to the use of neighboring properties. The tallest height of the proposed
buildings will be 27 feet (two stories). The 50-foot landscaping buffer is composed of mature trees that
range from 50 to 200 feet in height, which exceeds the proposed height of the two buildings. The
proposed buildings will therefore be sufficiently screened from the allowable development and use of
neighboring properties.
Roads and Parking: The applicant is proposing a 46,787 square foot driveway (approximately 1,800 feet
in length) and two parking areas. The main retreat center parking area will have 29 parking stalls and will
cover 9,222 square feet of land. The caretaker residence parking will have two parking stalls and will
cover approximately 882 square feet of land. The proposed driveway will be located approximately 259
feet away from the southern property line, and approximately 80 feet from the northern property line. At
the closest point, the proposed parking areas start at 82 feet from the southern property line and 349 feet
from the northern property line. The 50-foot landscaping buffer will screen the roads, parking areas, and
potential car light pollution from the allowable development and use of neighboring properties.
Signs: The applicant is proposing a “directional sign” for the purpose of identifying the location of
Pomona Woods. The sign is proposed to be located 10 feet from Oak Bay Road, north of the driveway
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entrance. The sign will be standing parallel to the road to avoid obstructing the line of slight. Per JCC
18.30.150 (h), the sign will not exceed 4 feet in height and 8 feet in width (32 square feet). Illumination
from sign light fixtures will be shielded and directed in a manner not to adversely affect neighboring
properties or create a hazard to on-coming Oak Bay Road traffic. The applicant will be required to obtain
a Road Setback Variance Permit for the proposed sign to allow development within the 20-foot setback
from Oak Bay Road. The requirement to receive a Road Setback Variance Permit prior to approval of the
building permit application is included as a recommended condition of approval.
The applicant is proposing dirt walking trails around the property for recreational use. The walking trails
will be limited to the exterior areas of the 50-foot landscaping buffer. The applicant will professionally
survey the southern property line to define property boundaries and will clearly mark every 50 feet with
no trespassing signs to inform guests of adjacent private properties. The requirement to install and
maintain these best management practices and obtain County approved signage per JCC 18.30.150 is
included as recommended conditions of approval.
(f) The pedestrian and vehicular traffic associated with the conditional use will not be hazardous to
existing and anticipated traffic in the vicinity of the subject parcel;
Staff Comment: Jefferson County finds that the project is consistent with this criterion because the Public
Works SEPA Review and Stormwater Site Plan Review and Comments Memorandum(s) (see “Exhibit P”)
includes a determination that the proposal is not likely to result in significant adverse impacts related to
transportation.
Vehicular & Pedestrian Traffic: JCC 18.30.020(5), requires all developments to be served by appropriate
transportation facilities that are adequate to meet the level of service standards in the 2018
Comprehensive Plan and the design standards adopted in JCC 18.30.080(1)(a). The Public Works SEPA
Review and Stormwater Site Plan Review and Comments Memorandum(s) (see “Exhibit P”) includes the
review of existing road features, levels of service, current accident rates, current average daily traffic
trips, and the proposed average daily traffic trips as a result of the proposal.
Public Works reviewed County Road Administrative Board (“CRAB”) Mobility data to analyze potential
traffic impacts of the proposal. Based on the minor increase in traffic and low accident rate history along
Oak Bay Road in the vicinity of the proposed project, Public Works recommends finding that the
proposal is not likely to result in significant adverse impacts related to transportation.
The subject property will be accessed by one entrance off of Oak Bay Road. The proposal would generate
approximately 48 average daily trips. Due to the remote location of the site, it is unlikely there will be
increased pedestrian traffic, unless employees who live nearby will walk or bicycle to the site on a limited
basis. No impacts to pedestrian traffic are expected. Services provided by Oak Bay Road will continue
after implementation of this proposal.
Parking: According to JCC 18.30.100, the minimum number of parking spaces required for small-scale recreational and tourist uses is determined by the administrator. The applicant states within 10 years after
opening the business, they expect an average of 16 guests per day and proposes to encourage carpooling amongst guests. The applicant proposes one main parking lot with 29 stalls and one caretaker parking
area with two stalls. The retreat center proposes 24 rooms, 7 employees, and a maximum occupancy of 35 guests. The retreat center will require one on-site parking space per employee, with at least one space
dedicated to ADA/handicapped compliance. Parking spaces for physically handicapped needs shall
comply with the current ADA Design Guide, Department of Justice, Disability Rights Section. The
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requirement for providing ADA/handicapped parking is included as a recommended condition of
approval. The applicant has also designated a delivery zone and turn around area for delivery trucks.
Delivery trucks will have adequate room to park, maneuver, and exit on-site.
The applicant is required to encourage car-pooling or transport services to reduce parking demand
sufficient to meet on-site parking capacity. Jefferson County DCD finds that the proposal meets this
criterion.
(g) The conditional use complies with all other applicable criteria and standards of this title and any other
applicable provisions of the Jefferson County Code or state law; and more specifically, conforms to the
standards contained in Chapters 18.20 and 18.30 JCC;
Staff Comment: As presented in the application materials and recommended conditions of permit
approval, the proposal meets all applicable requirements under this code section.
Jefferson County Code JCC 18.20.290, Recreational developments. As presented in the application
materials, and in conditions of permit approval, the proposal meets all applicable requirements under this
code section, including:
(1) The proposal complies with all recreational development standards:
(a) 50-foot landscaping (Screen A Landscaping) shall be implemented (see “Exhibit G”);
(b) Sale of parks or campgrounds in fee simple lots is not proposed;
(c) Stormwater Management Plan (including parking areas) approved by Public Works
on September 30, 2021 (see “Exhibit E”). Safe access from parking areas to recreation
areas and buildings shall be provided by means of a boardwalk path (see “Exhibit G”);
(d) No playing fields are proposed;
(e) See section (3)(d);
(2) Commercial Recreational Development. Recreational uses which are also commercial
enterprises are subject to the site standards for commercial uses, JCC 18.20.140, in addition to the
regulations in subsection (1) of this section.
Jefferson County Code 18.20.140 Commercial uses – Standards for site development. As presented in the
application materials, and in conditions of permit approval, the proposal meets all applicable requirements
under this code section, including:
(1) All Commercial Uses. The following standards apply to all commercial uses as listed in Table
3-1, all commercial uses identified in Chapter 18.18 JCC (Irondale and Port Hadlock UGA
Implementing Regulations), and to any use determined by the administrator to be a commercial
use.
(a) See section (3)(b). Occupancy shall not be permitted before water supplies and
sewage disposal facilities are approved and installed. Included as a recommended
condition of approval;
(b) Public health, safety, and welfare will be protected, and traffic and maintenance
impacts to the private road are minimized by conditions on the permit. RAP2021-00068
has been approved by Public Works on December 20, 2021 for safe access from a County
road. Public Works also found that the proposal is not likely to result in significant
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adverse impacts related to transportation (see section (3)(b)). East Jefferson Fire Rescue
found that the proposal conforms to the intent of the IFC and the road access standards
regarding emergency service access (see “Exhibit M”).
(c) See section (3)(d);
(d) Two or more commercial lots adjacent to one another are not located at the subject
property;
(e) 50-foot landscaping (Screen A Landscaping) shall be implemented (see “Exhibit G”);
(2) Commercial Development in Rural Designations. The following standards apply to all
commercial uses located in the rural land use designations listed in Table 3-1, as determined by
the administrator.
(a) The proposed use will result in minimal additional demands on services and utilities
available in rural areas and will not result in more than a minimal and manageable
increase in demand on community water supplies, sewage disposal systems, or roads (see
section (3)(b)).
Jefferson County Code 18.20.350 Small-scale recreation and tourist uses. As presented in the application
materials, and in conditions of permit approval, the proposal meets all applicable requirements under this
code section, including:
(1) Recreational, cultural or religious conference center/retreat facilities on parcels 10 acres or larger
in size (see section (3)(a));
(2) Repealed by Ord. 3-20.
(3) A small-scale recreation or tourist use shall meet the requirements of this code (except as provided
for in SRT overlay districts per JCC 18.15.470 and 18.15.572), including the provisions of JCC
18.20.290, Recreational developments, JCC 18.20.140, Commercial uses – Standards for site
development, and the following standards:
(a) Small-scale recreation or tourist uses may include limited and commensurately scaled
commercial facilities intended to serve those small-scale recreational or tourist uses provided, that
the applicant can demonstrate the following to the satisfaction of the approving authority that:
(i) The principal demand for the commercial facilities is derived from the principal
recreational or tourist use and not the existing and projected rural population (see section
(1) and (3)(a));
(ii) The associated commercial activities shall be clearly accessory to and dependent upon
the primary recreational or tourist uses (see sections (1) and (3)(a));
(iii) The associated commercial activities, in addition to the principal recreational or
tourist use, will not have a measurable detrimental traffic, noise, visual or public safety
impact on adjacent properties (see sections (3)(b) and (3)(d));
(iv) The use and associated structure are clearly appropriate and compatible in scale, size,
design and function with surrounding uses and environment (see sections (3)(e) and (3)(i)).
(v) The use will not constitute new urban development in a rural area (see section (1));
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(vi) The public facilities and services provided are limited to those necessary to serve the
associated commercial activities and the principal small-scale recreational or tourist use
in a manner that does not permit low-density sprawl (see sections (1)); and
(vii) All other applicable requirements and standards in this UDC are met.
(b) Parcel 921183008 is approximately 20.21 acres (see section (3)(a));
(c) Only one recreational retreat facility is proposed on Parcel 921183008 (see section (3)(a));
(d) Group activities will be held mainly indoors with occasionally outside meetings in the lawn
area (see section (3)(a));
(e) Parking is contained on-site and is in conformance with JCC 18.30.100 and 18.30.130 (see
section (3)(f));
(f) All activities are screened from the view of adjacent residential uses, subject to the
landscaping and screening requirements of JCC 18.30.130, and are set back at a sufficient
distance from all rear and side property lines to protect the character of adjacent and surrounding
properties and uses (see section (3)(a));
(g) According to the SEPA Review and Stormwater Site Plan Review and Comments
Memorandum(s) (see “Exhibit P”), Public Works identified Oak Bay Road as a rural minor
collector within the federal functional classification system;
(h) The proposed structures comply with the landscape, lighting, site coverage, and design
standards set forth in Chapter 18.30 JCC (see sections (3)(b), (3)(d), and (3)(e));
(i) One caretaker residence is proposed for on-site management (see section (3)(a));
(J) Jefferson County has reviewed location and size restrictions, design standards, landscape
buffers, setbacks, as necessary to ensure that the activity or use, due to proximity, location or
intensity meets the following approval criteria:
(i) The proposal is compatible with the rural character of adjacent lands and shorelines
(see section (3)(c));
(ii) The proposal does not disrupt the character of any surrounding permitted uses (see
section (3)(a));
(iii) The proposal adequately served by public facilities and services (see section (3)(b))
without the need to extend those services in a manner that promotes low density sprawl;
(iv) Adequately protects critical areas including surface and groundwater resources (see
section (1) and (2));
(v) The proposal would not cumulatively, in combination with the effects of existing
development (or given the probable development of subsequent projects with similar
effects) in the vicinity (i.e., within one mile) of the proposed use, create a development
pattern that constitutes low density sprawl; require the extension of public facilities or
expansion of public services in a manner that promotes low density sprawl; or be
otherwise incompatible with or injurious to the rural character of the area. The applicant
is not proposing to connect to a public or private sewer system, which is considered
promoting growth outside of an urban growth area;
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(vi) The subject property is not designated as agricultural lands;
(k) Preceding conditions (see section (3)(j)) have been met to the satisfaction of the approving
authority.
(9) The Recreational Conference Retreat Facility was reviewed under the following standards:
(a) Parcel 921183008 is approximately 20.21 acres;
(b) 24 rooms per 12,000 square feet of total building area (two stories); excluding a caretaker’s
residence;
(c) Lodging operators may not allow any person to occupy overnight lodging on the premises for
more than three months in any year. Included as recommended condition of approval;
(d) Included as a recommended condition of approval. New residential development (in addition
to proposed caretaker residence) is not proposed;
(e) One on-site caretaker residence is proposed;
(f) The applicant has applied for a Conditional Use (Type III) Permit and shall attend a Public
Hearing for a final decision;
Jefferson County DCD therefore finds that this proposal meets this criterion.
(i) The conditional use will not cause significant adverse impacts on the human or natural environments
that cannot be mitigated through conditions of approval.
Staff Comment: Jefferson County finds that the project is consistent with this criterion because the
applicant has prepared a Stormwater Management Plan (see “Exhibit E”) and other best management
practices that satisfy the protection standards of JCC Chapter 18.22 Critical Area Ordinance. As discussed
in section (2), no critical areas will be disturbed as a result of this proposal and no consequential
mitigation will be required. A review of the Jefferson County Geographic Information System mapping
showed no evidence of Riparian Cover (PNPTC, 2009), Channel Migration Zones, or Marbled Murrelet
and Spotted Owl Habitat Areas.
The applicant has indicted in the SEPA Environmental Checklist (see “Exhibit C”) that the subject
property has been reviewed under the U.S Fish and Wildlife Service (“USFWS”) Information Planning
and Consultation online database. The following species were found to occur near the project area; (1)
Golden Paintbrush (Threatened Plant), (2) Marbled Murrelet (Threatened Bird), (3) Streaked Horned Lark
(Threatened Bird), (4) Yellow-billed Cuckoo (Threatened Bird), (5) Bull Trout (Threatened Fish) and (6)
Taylor's Checkerspot (Endangered Insect). The project area (as with the entirety of Western Washington)
was also identified as a Pacific Flyway for migratory birds. The project area is located approximately 900
feet from Puget Sound and 94% of the subject property will remain heavily forested upon completion of
the project. Retreat center landscaping we will focus on native planting, with the exception of a small
grassy lawn and adjacent vegetable garden. USFWS or the Washington State Department of Fish and
Wildlife (“WDFW”) have not designated Endangered or Threatened Species habitat (“Critical Habitat”)
on the subject property, nor have they submitted comments on this proposal.
The applicant proposes to monitor forest health through daily walks throughout the property, scheduling
and implementing annual arborist/forester visits, and by keeping all utilities, stormwater controls, and
best management practices, such as the proposed rain garden, in operating condition throughout the life
time of the proposal. Invasive plants like English Ivy, Himalayan blackberry and Holly are proposed to be
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promptly removed upon observance to manage the spread of invasive species known to occur after
ground disturbance.
The applicant has applied for a DNR Class IV-General Forest Practice Application (“FPA/N”) for
approximately 85,064 square feet of land clearing activities. The FPA/N will be submitted to DNR after a
SEPA Final Determination is submitted by Jefferson County. Land clearing activities will be reviewed
again against Jefferson County stormwater requirements (per JCC 18.30.070 Stormwater management
standards) and shall follow Jefferson County and DNR land clearing requirements.
There are no environmental health hazards proposed in conjunction with this proposal, such as waste
piles, cresols, or petroleum tanks. The applicant is proposing and committed to using only organic or
environmentally friendly products that are not hazardous or that would produce dangerous waste that
could contaminate the environment. Some of the proposed “environmentally friendly” products include
cleaning supplies such as Method, TruEarth, and probiotic cleaning products from Novozymes.
Additionally, the applicant proposes to follow US Green Building Council (USGBC) LEED guidelines by
using construction products that follow Environmental Product Declarations. Solid waste will be managed
through a proposed new septic system that will serve 24 rooms at a capacity of 3,487.5 gallons a day. The
applicant is responsible for compliance with County standards for solid waste disposal and obtaining an
approved septic system permit from Environmental Health. The recommended conditions of approval
relating to the proposed new septic system ensure compliance with this criterion.
Based on the proposed Stormwater Management Plan, best management practices, and USFWS data, no
significant impacts to the human or natural environments would be expected if the proposal was
approved. For this reason, the conditional use permit is conditioned to require compliance with the best
management practices listed in section (3)(d).
(j) The conditional use has merit and value for the community as a whole;
Staff Comment: The proposal is located in Port Hadlock. According to the Jefferson County 2018
Comprehensive Plan, small-scale recreational uses are encouraged in rural commercial areas, Limited
Areas of More Intensive Rural Development (LAMIRDs), and western Jefferson County. Historic centers
such as Chimacum, Quilcene, Brinnon, Gardiner, and others have been identified as LAMIRDs. The
subject proposal was not considered for these areas due to property acreage and natural features that
would serve the proposed recreational elements associated with recreational retreat centers. According to
the Jefferson County 2018 Comprehensive Plan, home businesses, cottage industries, and small-scale
tourist recreational uses are allowed in most non-commercial zones with a permit. Economic activities
located outside of rural commercial areas are allowed when they align with the goals and policies of the
2018 Comprehensive Plan. A further discussion of compliance with this criterion may be found above in
section (1).
Natural and social qualities drive Jefferson County prosperity and are key elements to develop and
strengthen the County’s economic development strategy. For example, Olympic National Park, occupies
most of Jefferson County's center and is one of the top ten most-visited national parks in the Unites States
with most of those visitors traveling first through Jefferson County to enjoy the park's spectacular scenery
and outdoor recreation opportunities. Tourism development strategies that increase Jefferson County’s
ability to attract and serve these travelers can be a way to turn limited economic development opportunity
challenges into opportunities. Place-making for visitors and residents leverages the strengths of the
County to support a strong and diversified economy.
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In defining rural elements under RCW 36.70A.070(5), a County should foster land use patterns and
develop a local vision of rural character that will: “Help preserve rural-based economies and traditional
rural lifestyles; encourage the economic prosperity of rural residents; foster opportunities for small-scale,
rural-based employment and self-employment; permit the operation of rural-based agricultural,
commercial, recreational, and tourist businesses that are consistent with existing and planned land use
patterns; be compatible with the use of the land by wildlife and for fish and wildlife habitat; foster the
private stewardship of the land and preservation of open space; and enhance the rural sense of community
and quality of life.” As discussed in section (1), the proposal will provide additional economic and
employment opportunities for Jefferson County citizens, while providing tourism services that are in
demand in Jefferson County and the State of Washington. The proposal also has merit and value for the
community by supporting the 2018 Comprehensive Plan Goals and Policies.
Jefferson County finds that the project is consistent with this criterion.
(k) The conditional use is consistent with all relevant goals and policies of the Jefferson County
Comprehensive Plan; and
Staff Comment: As discussed in section (1), the proposal is consistent to land use, rural, environmental,
and economic goals and frameworks identified in the Jefferson County Comprehensive Plan. Jefferson
County finds that the project is consistent with this criterion.
(l) The public interest suffers no substantial detrimental effect. Consideration shall be given to the
cumulative effect of similar actions in the area.
Staff Comment: The proposal has been reviewed against all relevant codes and regulations including development and performance standards for small-scale recreation and tourist uses, commercial uses, recreational development, and conditional use criteria. These regulations are designed to ensure there is no substantial detrimental effect from the project on adjacent properties, services, or the public in general. The conditional use criteria are specifically designed to prevent a negative adverse impact to neighboring uses and property, due to size, scale, and environmental impacts such as noise and odor. The criteria also determines if the project will have a positive or beneficial impact to the County as well. The applicant has satisfied or met all relevant codes to the extent possible without building permits, in order to warrant approval of the conditional use permit. With compliance to the codes, and conditions of approval listed below, DCD Staff have determined that the public interest will suffer no detrimental effect and that the proposal will have minimal visual impacts in the long-term operation of the proposal. Public nuisance noises are prohibited as expressly outlined in JCC 8.70.050, which is included in the recommended conditions of approval.
Additionally, the proposal would be the only permitted small-scale tourist and recreational retreat center in the area, and therefore, the cumulative effect of recreational and tourist uses along Oak Bay Road is minimal. Similar actions or proposals in the area will be required to undergo the same level of review, and
their effect on cumulative impacts determined as a result of that review, at that time. Jefferson County finds that the project is consistent with this criterion.
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STAFF RECOMMENDATION
Staff recommends approval of the Type III Conditional “C” Use permit for a small-scale tourist and recreational retreat center, subject to the following conditions of approval: RECOMMENDED CONDITIONS OF APPROVAL 1. The applicant shall obtain approved building permits to include Fire Code review and a Stormwater Plan reviewed by the Jefferson County Department of Public Works for the construction of the proposed retreat center and caretaker residence that is consistent with any CUP conditions of approval, and shall ensure that stormwater best management practices are in place before any construction activities take place.
2. DNR- FPA/N specific condition. The applicant shall complete the FPA/N application in accordance with DNR requirements after the SEPA Determination is complete and prior to Jefferson County approval of a building permit application.
3. Ecology- Solid waste management specific condition. All grading and filling of land must utilize only clean fill. All other materials may be considered solid waste and permit approval may be required from the local jurisdictional health department prior to filling. All removed debris resulting
from this project must be disposed of at an approved site. Contact the local jurisdictional health department for proper management of these materials. 4. Ecology- Water quality/watershed resources unit specific condition. Erosion control measures must be in place prior to any clearing, grading, or construction. These control measures must be effective to prevent stormwater runoff from carrying soil and other pollutants into surface water or storm drains that lead to waters of the state. Sand, silt, clay particles, and soil will damage aquatic habitat and are considered to be pollutants. 5. Ecology- Water quality/watershed resources unit specific condition. Any discharge of sediment-laden runoff or other pollutants to waters of the state is in violation of Chapter 90.48 RCW, Water Pollution Control, and WAC 173-201A, Water Quality Standards for Surface Waters of the State of Washington, and is subject to enforcement action.
6. Ecology- Additional permits specific condition. The applicant shall contact the Washington State Department of Ecology to determine if additional permits or studies are required. Construction site operators must apply for a permit at least 60 days prior to discharging stormwater from construction
activities and must submit it on or before the date of the first public notice. 7. Environmental Health – Septic system specific condition. The proposed septic system is sized for a peak flow of 3487.5 gallons per day to serve the 24 room retreat center, kitchen, and caretakers unit
which accounts for 240 gpd. Maximum guest occupancy is 35 guests in the retreat center, each of the 24 rooms in the retreat center is to be single occupancy only. Use of other rooms for sleeping or additional guests will exceed the design capacity of the septic system and cause premature failure of
the septic system. Any additional guests will be considered a violation to this permit approval. 8. Environmental Health- Septic system specific condition. The applicant shall obtain an approved septic system permit from the Jefferson County Department of Environmental Health prior to approval of the building permit application. 9. Environmental Health- Potable water specific condition. The conditional use for this project is approved for available potable water provided that there is an appropriately approved and installed water main extension from the Quimper Water System #05783 to serve the project. Future building permits will not be approved for available potable water unless the water tap is located on the subject parcel and connection is available. 10. Potable water supply and sewage disposal facilities adequate to serve the proposed use shall be provided. Occupancy shall not be permitted before water supplies and sewage disposal facilities are
approved and installed.
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11. The applicant or successor in ownership shall pay for and authorize annual inspections for fire suppression systems as all other commercial properties in Jefferson County by the Fire District or
County approved fire specialist. 12. A revised Geologic Hazard Assessment, prepared by Stratum Group (submitted November 22, 2021) was submitted in conjunction with this application. The professional geologist assessed the risk of landslide and erosion at the subject property. Stratum Group concluded the subject properties are not at risk from landslides or erosion, and development will not increase the risk of landslides or erosion as long as the recommendations of the 2021 Geologic Hazard Assessment are followed. The applicant shall follow geotechnical recommendations provided in the 2021 Geological Hazard Assessment: a. Grading for the road shall be done in a manner consistent with standard grading practices and consistent with the Department of Ecology’s Stormwater Management Manual for Western Washington for pollution prevention;
b. Grading and angling the road up the slope to meet desired grade shall be accomplished particularly from the area on the northeast part of the site; c. Stormwater from the access drive and buildings shall be fully dispersed consistent with the
Stormwater Manual and based on the size of the property, forested condition and soil types this can be readily accomplished; and d. For building foundations, soil bearing of 3,000 psf may be used as long as foundation footings
are placed on un-weathered glacial till. 13. PRIOR TO FINAL BUILDING OCCUPANCY, PROPONENT SHALL SUBMIT A WRITTEN LETTER FROM THE GEOLOGIST (STRATUM GROUP) WHO PREPARED THE GEOTECHNICAL REPORT DATED JULY, 14 2021 STATING THAT THE STRUCTURE AND/OR FACILITIES HAVE BEEN CONSTRUCTED IN CONFORMANCE WITH THE REQUIREMENTS OF THE "GEOTECHNICAL REPORT." THE LETTER SHALL BE STAMPED BY THE LICENSED GEOLOGIST/ENGINEER. 14. The project shall not introduce noise, smoke, dust, fumes, vibrations, odors, or other conditions or which unreasonably impacts existing uses in the vicinity of the subject parcel pursuant to JCC 18.20.350. 15. The applicant shall comply with the Olympic Air Quality District and Jefferson County Fire District
to reduce or minimize smoke, fumes, and/or odors generated from retreat center operations, passenger vehicles, commercial trucks, and construction equipment. 16. A small outdoor fire pit is proposed to located outside of the retreat center facility. The applicant shall store sand buckets and install a water spigot adjacent to the fire pit to extinguish potential fires. The fire pit shall only be used if winds are below 15mph and if there are no County burn bans effective at that time. The applicant shall management surrounding vegetation to ensure no
overhanging vegetation will be located near the fire pit. 17. The applicant shall implement best management practices to limit noise impacts to existing uses in the vicinity of the subject parcel and to avoid any public nuisance pursuant to JCC 8.70.050. Amplification shall not be allowed on site. Per the submitted SEPA Environmental Checklist (p. 13 -14), the applicant shall implement the following best management practices to manage generated noise: a. Deliveries shall be scheduled and delivered during normal business hours (8:00 AM -5:00 PM); b. No more than 35 guests may gather outside for team activities between 8:00 AM and 10:00 PM; c. 15 mph speed limit signs shall be posted along the driveway to minimize noise and protect the driveway; e. Construction related activities shall be limited from 7:00 AM to 10:00 PM;
f. Construction noise between 7:00 AM and 8:00 AM shall be minimized through conducting lower noise construction activities such as staging, team meetings, plan reviews, and material mobilization; g. Property owner shall monitor noise and other related impacts; h. Outdoor activities shall only occur from 8:00 AM to 10:00 PM.
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i. Quiet hours at the retreat center shall be enforced between 10:00 PM and 8:00 AM; and j. Guest contracts, website language, and guest orientations shall be appropriately implemented to
emphasize the need to respect neighbors. 18. The applicant shall implement best management practices to limit dust related impacts to existing uses in the vicinity of the subject parcel. Per the submitted SEPA Environmental Checklist (p. 5), the applicant shall implement the following best management practices to manage generated dust: a. Ground stockpiles shall be covered with poly membrane in dry months and straw during the wet months; b. Exposed soil and storage areas shall be sprayed with water during dry periods; and c. Construction entrances and roads shall be cleaned and maintained as weather and construction activities dictate. 19. The applicant shall implement best management practices to limit light and glare generated by the proposed structures. Per the submitted SEPA Environmental Checklist (p. 17 – 18), the applicant
shall implement the following best management practices to manage light and glare: a. Outdoor safety lights shall be located lower than 20 feet and shall be aimed low; b. Outdoor safety lights shall be shielded or recessed so that direct glare and reflections are contained
within the boundaries of the parcel; c. Outdoor safety lights shall be directed downward and away from adjoining properties; and d. Roll shades shall be installed on the retreat center windows to control light glare during night time
hours. 20. The applicant is proposing 53,497 square feet of new impervious surface and 85,064 square feet of land disturbing activities. The 2019 Stormwater Management Manual for Western Washington (“2019 SWMMWW”) requires proponents of proposals that create more than 5,000 square feet of new impervious surface develop a Stormwater Site Plan that complies with Minimum Requirements #1 - #9 of the 2019 SWMMWW. The applicant shall follow the JCPW Recommendations and Public Works Department Fees Requirement sections of the SEPA Review and Stormwater Site Plan Review and Comments Memorandum(s) dated September 30, 2021. 21. The applicant shall maintain a 50-foot landscaping buffer, as shown on the approved site plan revised November 22, 2021, for the life span of the proposal pursuant to JCC 18.30.130(8). The 50-foot landscaping buffer shall remain in natural condition, shall be monitored to ensure the health of
landscaping vegetation, and shall consist of a mix of primarily evergreen trees and shrubs generally interspersed to form a continuous year-round screen that grows to at least eight feet in height within two growing seasons pursuant to JCC 18.30.130. The buffers may contain septic drainfield and
reserve areas, necessary utilities, and approved road connections. Staff will inspect the buffers to determine adequacy prior to final building permit occupancy. No disturbance to the 50-foot landscaping buffer shall occur without review and approval by the Jefferson County Department of
Community Development. 22. Walking trails shall not disturb the 50-foot landscaping buffer as shown on the approved site plan revised November 22, 2021. 23. All proposed signs shall adhere to sign standards in JCC 18.30.150. 24. Per the submitted SEPA Environmental Checklist (p. 14 - 17), the applicant shall implement the following best management practices to manage on-site property signs: a. The directional sign shall not obstruct the line of sight along Oak Bay Road; b. Per JCC 18.30.150(h), the sign shall not exceed 4 feet in height and 8 feet in width (32 square feet); c. Sign light fixtures illumination shall be shielded and directed in a manner not to adversely affect neighboring properties or create a hazard to on-coming Oak Bay Road traffic; and
d. The applicant shall professionally survey the southern property line to define property boundaries and shall clearly mark every 50 feet with no trespassing signs to inform guests of adjacent private properties. 25. An approved Road Setback Variance Permit from the Jefferson County departments shall be required
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prior approval of the building permit application and prior to installation of any commercial sign within the 20-foot setback of the Oak Bay Road right-of-way.
26. The applicant states within 10 years after opening the business, they expect an average of 16 guests per day. The applicant is required to encourage car-pooling or transport services to reduce parking demand sufficient to meet on-site parking capacity. 27. The retreat center shall provide at least one space dedicated to ADA/handicapped compliance pursuant to JCC 18.30.100(1)(b). Parking spaces for physically handicapped needs shall comply with the current ADA Design Guide, Department of Justice, Disability Rights Section. 28. The applicant shall demonstrate compliance with assessable design requirements for the construction of lodging facilities that apply to the design of ADA hotel rooms. 29. Lodging operators shall not allow any person to occupy overnight lodging on the premises for more than three months in any year pursuant to JCC 18.20.350(9)(c). 30. New residential development shall not be permitted pursuant to JCC 18.20.350(9)(d). New
residential development includes the subdivision or sale of land for year-round or second-home residential housing that is owner-occupied or rented. 31. All contractors and personnel shall be familiar with the inadvertent discovery plan as attached to this
permit. If any possible historic, archaeological and/or cultural artifacts are inadvertently discovered, the applicant shall immediately stop all work on the project and shall notify the Washington Department of Archaeology and Historic Preservation, Jefferson County Department of Community
Development, and affected tribes. 32. For project adjacent or within 500 feet of Forest Land/Agricultural Land: 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. 33. Any modifications, changes, and/or additions to the stamped, approved site plan dated March 2nd, 2022 shall be resubmitted for review and approval by Jefferson County Department of Community Development. Proposed changes may require modifications to the conditional use permit.
34. Pursuant to JCC 18.40.560, this conditional use permit automatically expires and becomes void if the applicant fails to file for a building permit or other necessary development permit within three years of the effective date (the date of the decision granting the permit) of the permit unless the permit
approval provides for a greater period of time. Extensions to the duration of the original permit approval are prohibited. The Department of Community Development shall not be responsible for notifying the applicant of an impending expiration. 35. Pursuant to JCC 18.40.580, a conditional use permit granted under Article VIII of JCC Chapter 18.40 shall continue to be valid upon a change of ownership of the site, business, service, use or structure that was the subject of the permit application. No other use is allowed without approval of an additional conditional use permit. Prepared by Assistant Planner, Amanda Hunt, March 2022.