HomeMy WebLinkAboutZON2021-00049 ApprovalJEFFERSON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
UNIFIED DEVELOPMENT CODE
TYPE III LAND USE VARIANCE AND CONDITIONAL USE PERMIT
APPLICANT: EXTEND YOURSELF, LLC - ANDREW NORDSTROM
C/O LANE POWELL PC 1420 5TH AVE STE 4200
SEATTLE, WA 98101-2375
DATE ISSUED: August 03, 2022
DATE EXPIRES: August 03, 2027
MLA NUMBER: MLA21-00080
Case Number: ZON2021-00049
PROJECT PLANNER: Shannen Cartmel
PROJECT DESCRIPTION: Extend Yourself Limited Liability Company (LLC) proposes renovations and improvements to an existing
SMALL-SCALE TOURIST AND RECREATION USE on Oak Bay and Kilisut Harbor. A CONDITIONAL USE PERMIT (CUP) with a
MAJOR VARIANCE is required to renovate this use formerly known as Marrowstone Island Beach Cottages. Situated on 8.3 acres, the
site includes a main lodge, ten cabins, a three-bedroom mobile home, sheds, barn, a detached garage and a boat launch on shorelines
and adjacent upland areas. Extend Yourself LLC proposes to renovate and improve the existing structures. The proposal includes: (1)
the addition of a commercial kitchen to the main lodge and (2) the addition of a sauna to the property, (3) an upgrade to the septic
system to meet current Environmental Public Health (EPH) standards for commercial kitchen operations, (4) reducing the impervious
areas of informal paths, (5) upgrades to ten cabins, (6) new gravel parking, (7) the replacement within the same footprint of a three-
bedroom mobile home with three new one-bedroom stick built structures, (8) reestablishment of a dense native landscape along the
shoreline buffer, (9) protection and offsetting of wetland and shoreline impacts to improve their functions and values, and (10) the
addition of two yurts for "glamping" - a form of camping involving accommodation and facilities more luxurious than those associated
with traditional camping. Operated as fishing cabins as of 1937 and later a beach resort, this small -scale use is considered legal
nonconforming (“grandfathered”) pursuant to JCC 18.20.260 because it predates regulations requiring a minimum of ten acres, as set
forth in JCC 18.20.350 (9)(a), and the requirement for buildings not to exceed 6,000 SF, as outlined in JCC 18.20.350 (1)(q).
PROJECT LOCATION: Parcel #'s: 921084010 and 921084011; S8 T29 R1E TAX NO. 10 (N300') and (LESS N300'); 10 Beach Drive,
Nordland, WA 98358.
CONDITIONS:
1.) This approval is for a Type III Conditional Use Permit approval is for an expansion of a nonconforming Rural
Recreational Lodging and Cabin small-scale recreational and tourist use, generally known as the “Marrowstone
Inn”, with a major variance from required development requirements and a rural restaurant only, located at 10
Beach Drive on Marrowstone Island, on two parcels, numbered 921084010 and 921084011, totaling about 8.3
acres in size. Any future changes or modifications in uses, operat ions, facilities, or activities, or reviews for
future permits on this site, are subject to review for consistency with then-applicable codes and ordinances and
does not preclude subsequent reviews or determinations that new or additional permits are needed, all of which
may be subject to specific, additional conditions placed on such permits or approvals needed to authorize future
modifications or changes at the site.
2.) The applicant shall obtain all required building permits, septic permits, stormwater permits to include Fire Code
review and a Stormwater Plan reviewed by the Jefferson County Department of Public Works for the remodel
and expansion of the proposed retreat center and caretaker residence that is consistent with any conditions of
approval, and shall ensure that stormwater best management practices are in place before any construction
activities take place.
3.) 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 of
the permit being granted. Extensions to the duration of the original permit approval are prohibited. The
Department of Community Developm ent shall not be responsible for notifying the applicant of an impending
expiration.
4.) Pursuant to JCC 18.40.680, this major variance approval automatically expires and becomes void if the
applicant fails to file for all required building permit or other necessary development permit within three years of
the date of the decision granting the variance. Extensions to the duration of the original variance approval are
prohibited. The department of community development shall not be responsible for notifying the applicant of an
impending expiration.
5.) Prior to any construction, a temporary erosion and sedimentation control plan (TESCP) shall be submitted and
approved by Jefferson County. Construction shall be restricted to the dates occurring between May 1 and
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September 30 unless a wet weather erosion control plan is submitted and approved prior to construction.
6.) Applicant is required to schedule and pay for annual inspections of the site’s fire suppression systems, including
but not limited to the building’s exits, emergency lighting, exit signs, fire lanes, and the inspections testing and
maintenance records for fire protection systems such as fire alarms and fire sprinklers, if applicable.
7.) Applicant shall abide by all applicable laws, building codes, any other ordinance or regulation including but not
limited to all applicable International Fire Code regulations, addressing and roadway standards.
8.) The project shall comply with the provisions of the 2018 International Building Code, Chapter 11 for disabled
access compliance, including a minimum of one (1) van accessible disabled access parking space. The retreat
center shall provide at least one space dedicated to ADA/Accessible compliance pursuant to JCC 18.30.100(1)
(b). Parking spaces for physically accessible needs shall comply with the current ADA Design Guide,
Department of Justice, Disability Rights Section.
9.) The applicant shall demonstrate compliance with minimum ADA requirements to be determined at building
permit submittal.
10.) A building final acceptance/approval shall not be issued by the County until DCD has reviewed and approved
the mitigation area for compliance with the approved mitigation plan and all permit conditions, as BMPs and
TESC measures will be incorporated throughout the duration of the project to minimize and avoid construction
impacts to the identified critical areas. As conditioned to comply with this report, the project is consistent with No
Net Loss requirements.
11.) Marrowstone Inn must decommission the 4 existing wells onsite pursuant to Department of Ecology and
Jefferson County Public Health requirements and connect to public water supply from Jefferson County Public
Utility District prior to operation of the rural recreational lodge, cabins and rural restaurant.
12.) 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.
13.) The site occupancy for guests shall be limited by the septic system capacity, which includes an existing 480
gallons per day alternative septic system and a new proposed alternative commercial septic system sized for a
peak flow of 3080 gallons per day to serve the proposed property.
14.) The applicant shall be required to obtain all required permits for remodel from Olympic Region Clean Air Agency
(ORCAA) prior to applying for any remodel or other building permits. Proof of approved ORCAA permits shall be
required at application intake for each building permit. In the event of demolition, which by definition also
includes renovations performed to load-bearing structural members on the current building as part of a remodel,
the applicant shall complete a good faith asbestos survey of the structure by a certified Asbestos Hazardous
Emergency Response Act (AHERA) building inspector and if asbestos is found during the survey, an Olympic
Region Clean Air Agency (“ORCAA”) Asbestos Removal Notification must be completed and all asbestos
containing material must be properly removed prior to the demolition and if the structure is 120 sq. ft. or greater,
an ORCAA Demolition Notification must be submitted regardless of the results of the asbestos survey subject to
a mandatory 14-day waiting period after ORCAA receives notification.
15.) 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.
16.) The applicant shall comply with the ORCAA 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, including without limitation the following requirements:
a.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. Compliance with the noise ordinance is
required. Deliveries shall be scheduled and delivered during normal business hours (8:00 AM-5:00 PM);
b.15 mph speed limit signs shall be posted along the driveway to minimize noise and protect the driveway;
c.Construction related activities shall be limited from 7:00 AM to 10:00 PM;
d.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;
e.Property owner shall monitor noise and other related impacts;
f.Outdoor activities shall only occur from 8:00 AM to 10:00 PM.
g.Quiet hours at the retreat center shall be enforced between 10:00 PM and 8:00 AM;
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h.Guest contracts, website language, and guest orientations shall be appropriately implemented to emphasize the need to
respect neighbors.
17.) The applicant shall implement best management practices to limit dust related impacts to existing uses in the
vicinity of the subject parcel.
18.) The applicant shall implement best management practices to limit light and glare generated by the proposed
structures. Per the submitted SEPA Environmental Checklist, 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.
19.) All proposed signs shall adhere to sign standards in JCC 18.30.150 and shall require separate sign permits prior
to being erected.
20.) 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).
21.) 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.
22.) 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.
23.) Any modifications, changes, and/or additions to the stamped, approved site plan dated May 9, 2022 shall be
resubmitted for review and approval by Jefferson County Department of Community Development. Proposed
changes may require modifications to the conditional use/variance permit.
24.) 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.
25.) Pursuant to JCC 18.40.530(b): The conditional use will be served by adequate infrastructure including roads,
fire protection, water, wastewater disposal, and stormwater control. The applicant will be required to add a fire
hydrant for proper fire protection.
26.) 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.
27.) 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.
28.) 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.
29.) 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.
45.) Hearing Examiner Condition: All construction and hospitality business activities on the premises shall be
consistent with the approved site plan and compliant with current County codes, state regulations, health and
safety codes, and federal law applicable to any aspect of the project or business operations.
46.) Hearing Examiner Condition: The Permittee shall obtain any associated permit, lease, license, or approval
required by any state, federal, tribal, or other regulatory body with jurisdiction over any aspect of the project or
proposed business operations. Any conditions of regulatory agency permits, leases, licenses, or approvals
issued for any aspect of this project shall be considered conditions of approval for this permit and are
incorporated herein by this reference.
47.) The Permittee shall comply with all professional report conclusions and recommendations submitted in
connection with the pending applications and associated approvals issued by the County for this project, as
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approved, referenced, relied-upon, and/or modified by the County.
48.) Hearing Examiner Condition: 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.
FINDINGS:
1.) The Administrator finds that this application complies with applicable provisions of the Unified Development Code, all other
applicable ordinances and regulations, and is consistent with the Jefferson County Comprehensive Plan and Land Use
map.
2.) For case finding, see the staff report dated May 11, 2022.
APPEALS:
Pursuant to RCW 36.70C.040, the applicant or any aggrieved party may appeal this final decision to Superior Court within
Twenty-one (21) calendar days of the date of issuance of this land use decision. For more information related to judicial appeals see
JCC 18.40.340.
______________________________________________ August 03, 2022
UDC Administrator Date
MLA21-00080
DEPARTMENT OF COMMUNITY DEVELOPMENT
621 Sheridan Street | Port Townsend, WA 98368
360-379-4450 | email: dcd@co.jefferson.wa.us
www.co.jefferson.wa.us/commdevelopment