Loading...
HomeMy WebLinkAbout74- County Presentation-Pomona Woods 2022 September PresentationPomona Woods Public Hearing -Introduction Presenter: Amanda Hunt Assistant Planner Jefferson County Department of Community Development (“DCD”) Exhibit 74 Page 0921 Exhibit 74 DCD Staff Introduction PROJECT PLANNER: Amanda Hunt, Assistant Planner ahunt@co.Jefferson.wa.us 360-379-4458 Review of application materials Public Notice Additional information requests Communication with applicable parties Staff Report Jefferson County Recommendation of Approval SEPA Determination recommendation to responsible SEPA official Exhibit 74 Page 0922 Amanda Hunt -Background 2020 -2022:Assistant Planner, Jefferson County Department of Community Development 2020 Previous Position: Staff 1 Planner, Anchor QEA 2019 Graduation: Bachelor of Arts in Environmental Studies, Minors: Geography & Environmental Policy, Western Washington University (WWU), Bellingham, WA Previous CUP Projects: Utility & Shoreline -Shine Plat Water System Extension Project Industrial Mining -Shold Pit Mine Consolidation Project Exhibit 74 Page 0923 Proposal Applicant: Ann Burkhart, Pomona Woods LLC Proposal: Type III Conditional Use Permit for a Small –Scale Tourism and Recreational Use Retreat Center Oak Bay Road in Port Hadlock, Washington Guest reservations for group activities such as yoga retreats, business group retreats, and corporate or not-for-profit strategic planning Pomona Woods Retreat Center 12,000 square feet gross floor area (two stories) 6,000 sq. ft building plus 1,155 sq. ft for stairs/handrails 24 rooms, 35 guest maximum, 7 employees Exhibit 74 Page 0924 Proposal Cont. 1 Caretaker Residence (710 square feet) 1 Caretaker Parking Area (1 stall) 1 Main Parking lot (30 stalls) 1 On-Site Septic System (3,487.5 gallons a day) 1 Access Road 1 Commercial Sign 60,621 square feet of new impervious surface (includes all road ways, parking areas, and building footprints) 1 Lawn Area 2 Rain Gardens “No Trespassing” Signs 50 Foot Landscaping Buffer Exhibit 74 Page 0925 Exhibit 74 Page 0926 Exhibit 74 Page 0927 Exhibit 74 Page 0928 Exhibit 74 Page 0929 Exhibit 74 Page 0930 Permit Process May 4, 2021: Pre-Application Conference Pursuant to 18.20.350(9)(f), JCC Type III Conditional Use Permit under JCC 18.40.530 with a public hearing and decision by the Jefferson County Hearing Examiner June 23, 2021: Jefferson County DCD received the application August 12, 2021: Site Visit September 1, 2021: Application deemed substantially complete September 15, 2021: Notice of Application A public comment period was open for 15 calendar days (September 15, 2021 - September 30, 2021) at 4:30pm DCD received 29 written public comments and 2 comments from state agencies March 2, 2022: DCD Staff issued SEPA Determination, DCD Staff Recommendation, and Notice of Public Hearing March 16, 2022: Appeal of SEPA Determination March 17, 2022: Public Hearing (for Public Testimony) Exhibit 74 Page 0931 Permit Process cont. May 2022: Re-scheduled Public Hearing due to new Additional Information 2022 Habitat Assessment, Wetland. LLC June –July 2022: Site Visits conducted & Additional Information Received July 13, 2022 DCD Staff Biologist Site Visit July 18, 2022 Assistant Planner Site Visit Revised Site Plans, Critical Areas Report August 2022: Additional Information Received Revised Stormwater Site Plan/Stormwater Plan, Final Critical Areas Report, Upland Restoration Memo August 31, 2022: March 2, 2022 SEPA Determination Withdrawal & New August 31, 2022 SEPA Determination Amended Staff Report, Notice of Public Hearing September 14, 2022: Appeal of SEPA Determination of Non-Significance September 26, 27, and 29, 2022: Public Hearing Exhibit 74 Page 0932 SEPA Determination Lead Agency: Jefferson County Department of Community Development Determination of Non-Significance was issued on March 2, 2022. WAC 197-11-734: "Determination of Non-Significance" (DNS) means the written decision by the responsible official of the lead agency that a proposal is not likely to have a significant adverse environmental impact, and therefore an EIS is not required (WAC 197-11-310 and 197-11-340). This determination was made after review of a completed SEPA Environmental Checklist other applicable information submitted, and an inspection of the site Earth, Air, Water, Plants, Animals, Energy and Natural Resources, Environmental Health, Noise, Traffic, Land Use and Shoreline, Housing, Aesthetics, Light and Glare, Recreation, and Transportation Best Management Practices referenced in the DCD Staff Report are described in the SEPA Environmental Checklist Exhibit 74 Page 0933 SEPA Determination cont. May 2022: New wetland findings were submitted to the record Summer 2022: Revised SEPA Environmental Checklist, Updated Permit Application Materials, Inspection of the Site, Revised Site Plan, Critical Areas Report, Upland Restoration Memorandum, and other applicable documents. Delineated: 2 Type “Ns” Streams, 4 Category IV Wetlands August 31, 2022: Withdrew March 2, 2022 SEPA Determination of Non- Significance New SEPA Determination of Non-Significance issued on August 31, 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 additional mitigation or an environmental impact statement is not required. Exhibit 74 Page 0934 SEPA Determination cont. WAC 197-11-158: SEPA/GMA project review Growth Management Act (“GMA”) County (1) Provide adequate analysis of and mitigation for the specific adverse environmental impacts. (2) Determine whether the impacts have been adequately addressed in the comprehensive plan, applicable development regulations, or other local, state, or federal rules or laws. Avoiding or otherwise mitigating the impacts Designating as acceptable the impacts Base or condition approval of the project on compliance “Nothing in WAC 197-11-158 requires review of the adequacy of the environmental analysis associated with the comprehensive plans and development regulations that are being relied upon to make that determination”. Exhibit 74 Page 0935 Conditional Use Criteria (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; (b)The conditional use will be served by adequate infrastructure including roads, fire protection, water, wastewater disposal, and stormwater control; (c)The conditional use will not be materially detrimental to uses or property in the vicinity of the subject parcel; (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; (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; (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;Exhibit 74 Page 0936 Conditional Use Criteria Cont. (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; (h)The proposed conditional use will not result in the siting of an incompatible use adjacent to an airport or airfield; (i)The conditional use will not cause significant adverse impacts on the human or natural environments that cannot be mitigated through conditions of approval; (j)The conditional use has merit and value for the community as a whole; (k)The conditional use is consistent with all relevant goals and policies of the Jefferson County Comprehensive Plan; and (l)The public interest suffers no substantial detrimental effect. Consideration shall be given to the cumulative effect of similar actions in the area. Exhibit 74 Page 0937 Staff Recommendation DCD Staff recommends approval of the Type III Conditional “C” Use permit for a small- scale tourist and recreational retreat center, subject to 35 conditions of approval 2018 Comprehensive Plan -Goals LU-G-7 and LU-G-26, and Framework I and III Development and Performance Standards in JCC 18.30 and JCC 18.20 Conditional Use Criteria in JCC 18.40.530 Application reviewed and approved by: Jefferson County Department of Environmental Health Jefferson County Department of Public Works East Jefferson County Fire District Jefferson County Public Utility District SEPA Determination of Non-Significance –Approved by Jefferson County DCD Director Exhibit 74 Page 0938 Staff Recommendation cont. 2018 Comprehensive Plan, Zoning, and Location Rural Residential (1:20) and (1:5) JCC 18.15.040 Categories of land use, Table 3-1. Allowable and Prohibited Uses JCC 18.20.350(9)(a) -RR-20 –10 acres minimum to support all required amenities, utilities, and impacts of the proposal RCW 36.70A.070(5) –Rural Elements “ 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.”. Exhibit 74 Page 0939 Staff Recommendation cont. Critical Areas Geologic Hazard Assessment, prepared by Stratum Group, dated July 14, 2021 Critical Areas Report, prepared by Wetland. LCC, dated July 22, 2022 80% of the property will remain naturally vegetated as a result of the project No direct, permanent impacts to any wetlands, streams, or buffers No comments from WDFW or USFWS Mitigation-Temporary Road Approach Disturbance to outer 25% of Wetland E’s buffer. 374 square feet of native sword fern plantings. Restore all portions of un-used road approach areas as native, upland forest. 1,978 square foot restoration area. Includes 80 native shrub plantings, gravel removal, de-compacting soils, and installing bark in bare soil areas. Exhibit 74 Page 0940 Staff Recommendation cont. The applicant has modified the proposal to address public concerns Increased Setbacks Additional Landscaping/Screening Revised SEPA Environmental Checklist Public Water Connection Staff Recommendation of Approval Compliance with the 2018 Jefferson County Comprehensive Plan, Jefferson County Code, SEPA Determination of Non-Significance, zoning requirements and definitions, and proposed best management practices Exhibit 74 Page 0941 On behalf of Jefferson County DCD, I thank you all for attending the Pomona Woods Public Hearing Exhibit 74 Page 0942 EXTRA SLIDE: SEPA Determination cont. How Jefferson County DCD gathered information Application Materials Revision Requests (Site Plan, Geotech Report, SEPA Checklist) Requested written approval from applicable departments and agencies How Jefferson County DCD reviewed information Annotated SEPA Checklist Reviewed Jefferson County Code (EX: Performance Standards, Development Standards) Consulted Jefferson County DCD Staff/Review Team for guidance WAC 197-11-158 How Jefferson County DCD presented information Staff Report Recommended Conditions of Approval March 2022 & August 2022 SEPA Determination of Non-Significance Exhibit 74 Page 0943 Jefferson County Witness All Impacts: Amanda Hunt, Jefferson County DCD, Assistant Planner. (Possible testimony as the project planner on all aspects of the project). Wetlands: Donna Frostholm, Jefferson County DCD, Associate Planner (Possible testimony on all aspects of critical areas review, and as a wetlands specialist). Road, Traffic, and Stormwater: Monte Reinders, Jefferson County Public Works Director and County Road Engineer. (Possible testimony on road or traffic issues, including bicycle and pedestrian traffic, and stormwater review). Exhibit 74 Page 0944 Applicant Witnesses/Experts Noise: Kevin Warner, Principal, Environmental Noise Scientist, Landau Associates. Mr.Warner’s resume is included as an exhibit. Mr. Warner may testify regarding noise impacts from construction and operation of the Project. Mr. Warner may respond to testimony offered by Appellant relating to these matters. Applicant estimates Mr. Warner’s direct testimony may take approximately 60 minutes. Traffic and Transportation: Mike Swenson, PE, PTOE, Principal, Transpo Group. Mr. Swenson’s resume is included as an exhibit. Mr. Swenson may testify regarding the traffic and transportation impacts of the Project. Mr. Swenson may respond to testimony offered by Appellant relating to these matters. Applicant estimates Mr. Swenson’s direct testimony may take approximately 60 minutes. Drainage and Stormwater: Laura Bartenhagen, PE, LEED AP, Principal, ESM Consulting Engineers LLC. Ms. Bartenhagen’s resume is included as an exhibit. Ms. Bartenhagen may testify regarding drainage and stormwater impacts of the Project. Ms. Bartenhagen may respond to testimony offered by Appellant relating to these matters. Applicant estimates Ms. Bartenhagen’s direct testimony may take approximately 30 minutes. Wetland: Jennifer Marriott, PWS, Owner, Wet.Land. Ms. Marriott’s resume is included as an exhibit. Ms. Marriott may testify regarding the wetland impacts (if testimony on that subject is admitted) and habitat impacts of the Project. Ms. Marriott may respond to testimony offered by Appellant relating these matters. Applicant estimates Ms. Marriott’s direct testimony may take approximately 60 minutes. Landslide and Erosion: Dan McShane, President and Senior Geologist, Stratum Group. Mr. McShane’s resume is included as an exhibit. Mr. McShane may testify regarding landslide and erosion impacts of the Project. Mr. McShane may respond to testimony offered by Appellant relating to these matters. Applicant estimates Mr. McShane’s direct testimony may take approximately 30 minutes.Exhibit 74 Page 0945 Applicant Expert Reports Pomona Woods Transportation Review by Mike Swenson, PE, PTOE, Principal, Transpo Group, dated May 4, 2022 Habitat Assessment of Area Proposed for Disturbance by Jennifer Marriott, PWS, Owner, Wet.Land, dated May 4, 2022 Review of Pomona Woods Acoustical Review by Greenbusch Group Inc. by Kevin Warner, Principal, Environmental Noise Scientist, Landau Associates, Inc., dated May 4, 2022. Exhibit 74 Page 0946 Appellants Experts Traffic: Ross Tilghman, Tilghman Group, Transportation Planner. Mr. Tilghman will testify about the project’s traffic impacts and the inadequacy of the developer and County’s analysis of traffic impacts. Mr. Tilghman’s testimony will relate to paragraphs 10–13 of the notice of appeal. Noise: Adam Jenkins, Greenbusch Group, Acoustic Engineer. Mr. Jenkins will testify about the project’s noise impacts and the inadequacy of the developer and County’s analysis of noise impacts. Mr. Jenkins’s testimony will relate to paragraphs 10 and 18 of the notice of appeal. Wetlands: Nam Siu, Department of Fish and Wildlife, Biologist. Mr. Siu will testify about the existence of wetlands and wetland buffers on and near the project site. Mr. Siu’s testimony will relate to paragraphs 10 and 21 of the notice of appeal. Exhibit 74 Page 0947 Appellants Witness Gorden James may testify regarding land use impacts, as well as stormwater erosion already that has eroded 30 feet each way of his bank. Chris Malan may testify regarding stormwater runoff, wastewater runoff, and erosion. Terri Ross may testify regarding traffic, aesthetic impacts, and land use impacts. Kathleen Heinez may testify regarding noise, water runoff, wetlands, and water availability. Marcia and Evan Koening may testify regarding traffic impacts, noise, and aesthetics. Frances Rawski may testify regarding the project’s impact on the Quimper well, water availability, and land use impacts. Exhibit 74 Page 0948 Appellant provides the following list of exhibits Appellant Ex. 1 Ross Tilghman CV. Appellant Ex. 2 Adam Jenkins CV. Appellant Ex. 3 Ross Tilghman report. Appellant Ex. 4 Adam Jenkins report. Appellant Ex. 5 Driveway photos (five). Appellant Ex. 6 Runoff and erosion photos (eighteen). Appellant Ex. 7 Google Earth vicinity screenshot (far). Appellant Ex. 8 Google Earth vicinity screenshot (near). Exhibit 74 Page 0949 Jefferson County Response Traffic: Cyclist Collision Hazard Traffic: Vehicle Collision Hazard Traffic: Obstruction of Oak Bay Road During Construction Landslides and Erosion Stormwater Runoff Insufficient Availability of Water Aquifer Recharge Noise Light and Glare Aesthetics Impacts Habitat Wetland and Streams Exhibit 74 Page 0950 Traffic: Cyclist Collision Hazard Appellant (IV, 12): “The developer’s application materials, and the County’s SEPA review based thereupon, do not disclose or analyze the project’s traffic impacts with regard to cyclists. Oak Bay Road has an extremely narrow shoulder, such that there is insufficient room for cars to safely pass cyclists. The application and SEPA materials do not discuss the extent to which the increased traffic from the project will increase the risk to cyclists along Oak Bay Road. The failure to analyze this issue means the SEPA determination was not based on information reasonably sufficient to evaluate the project’s impacts. The probable impacts of this issue will be significant and adverse”. Exhibit 74 Page 0951 Traffic: Vehicle Collision Hazard Appellant (IV, 13): “The developer’s application materials, and the County’s SEPA review based thereupon, do not disclose or analyze the project’s traffic impacts with regard to other vehicles. Driveways that outlet onto Oak Bay Road lack sufficient sight lines to enable safe ingress and egress. By increasing traffic along Oak Bay Road, the project increases the already substantial risk experienced by users of these driveways. The failure to analyze this issue means the SEPA determination was not based on information reasonably sufficient to evaluate the project’s impacts. The probable impacts of this issue will be significant and adverse”. Exhibit 74 Page 0952 Traffic: Obstruction of Oak Bay Road During Construction Appellant (IV, 14): “The developer’s application materials, and the County’s SEPA review based thereupon, do not disclose or analyze the project’s traffic impacts with regard to construction impacts. During construction of the project, commercial trucks hauling construction materials and performing the logging operations that are part of the project will have to load and unload at the edge of Oak Bay Road. During the loading and unloading, traffic along Oak Bay Road will be partially obstructed, and the collision hazard along Oak Bay Road will be increased. The failure to analyze this issue means the SEPA determination was not based on information reasonably sufficient to evaluate the project’s impacts. The probable impacts of this issue will be significant and adverse”.  Exhibit 74 Page 0953 Traffic (IV, 12-14) DNS Analysis: With respect to this topic of appeal, how did you analyze the potential impacts to the environment on this issue? Jefferson County Code Exhibit P: SEPA Review and Stormwater Site Plan Review and Comments Memorandum Exhibit C: SEPA Environmental Checklist Road Approach Permit (RAP2021-00068) Directional Sign Conditions of Approval Exhibit 74 Page 0954 Traffic (IV, 12-14) Jefferson County Code: For any impacts on this subject, how did you look for mitigation measures? Jefferson County Department of Public Works: Traffic impacts for commercial projects and projects requiring SEPA review are reviewed by the Jefferson County Department of Public Works (JCC 18.05.060). A Public Works Development Review Engineer submitted a SEPA Review and Stormwater Site Plan Review and Comments Memorandum(s)(see “Exhibit P”) to Jefferson County DCD to analyze transportation impacts. JCC 18.05.060 Department of public works –Duties and responsibilities. JCC 18.30.080(1)(r) Roads Exhibit 74 Page 0955 Traffic (IV, 12-14) Jefferson County Code: For any impacts on this subject, how did you look for mitigation measures? SEPA Review Comments Memorandum: Public Works reviewed and commented on existing road features, levels of service, current accident rates, current average daily traffic trips, and proposed average daily traffic trips along Oak Bay Road. CRAB Mobility Data –County Road Administrative Board Recommendation: “Based on the minor increase in traffic, and low accident rate history along Oak Bay Road in the vicinity of the proposed project, the Department recommends finding that the proposal is not likely to result in significant adverse impacts related to transportation”. Recommendations did not include mitigation for cyclists risks, increased traffic, line of sight from neighboring properties, or road obstruction from commercial trucks. Jefferson County DCD therefore did not require the applicant to pursue additional mitigation measures for traffic related impacts. Exhibit 74 Page 0956 Traffic (IV, 12-14) Jefferson County Code: For any impacts on this subject, how did you look for mitigation measures? SEPA Review Comments Memorandum: 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. JCC 18.20.140(1)(b) Commercial uses –Standards for site development. JCC 18.20.350(3)(a)(iii) Small-scale recreation and tourist uses. JCC 18.20.350(3)(g) Small-scale recreation and tourist uses. See “Exhibit P”, p. 7 and 8 of 11 Exhibit C, p. 13, 14, 19, 20, and 21 of 23, Exhibit R, p. 16 and 21 of 31 Exhibit 74 Page 0957 Traffic (IV, 12-14) Jefferson County Code: For any impacts on this subject, how did you look for mitigation measures? Road Approach Permit (RAP2021-00068): Approved by a Public Works Engineering Technician on December 20, 2021 to develop a safe commercial parking area (“commercial road approach” or “commercial road apron”) for the applicant to park off of Oak Bay Road. The Oak Bay Road right of way is constricted on the subject property’s side. Upon conditional use permit approval, the applicant may begin constructing the private driveway from the approved approach area. Loading on Oak Bay Road is not an allowed use. The commercial road approach is sized for commercial sized trucks. Logging equipment and vehicles are expected to be able to park in the established approach area. Should the approach need to be widened, the applicant shall work with Jefferson County DCD and Public Works to amend the site plan and road approach. Condition No. 33 of 35 Exhibit 74 Page 0958 Traffic (IV, 12-14) Jefferson County Code: For any impacts on this subject, how did you look for mitigation measures? Directional Sign: Located 10 feet from Oak Bay Road, north of the driveway entrance. Standing parallel to the road to avoid obstructing the line of slight. JCC 18.30.150 Signs Exhibit C, p. 14 and 17 of 23, Exhibit R, p. 20 and 21 of 31, Exhibit G Condition No. 24 of 35 Exhibit 74 Page 0959 Traffic (IV, 12-14) Conditions of Approval: How did you incorporate mitigation measures into the conditional use permit? What conditions have you recommended for the project to mitigate foreseen impacts? Conditions of Approval No. 24 of 35: Sign Best Management Practices No. 25 of 35: An approved Road Setback Variance Permit from the Jefferson County departments shall be required 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. No. 33 of 35: 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. Exhibit 74 Page 0960 Traffic (IV, 12-14) DNS - Conclusions Oak Bay Road is a rural minor collector within the federal functional classification system. Pursuant to JCC 18.20.350(3)(g), traffic analysis (“traffic analysis report”) is not required for a rural minor collector. The proposal was determined to not exceed the “Average Daily Trip” capacity for Oak Bay Road. No additional conditions or access improvements are required. 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. As conditioned, the Road Approach Permit (RAP2021-00068) is sized for commercial vehicle access and turn around. Logging trucks and equipment are expected to have parking space for loading and unloading activities. The proposed Directional Sign will stand parallel to Oak Bay Road to avoid obstructing the line of slight. No other structures will be located near the road right of way. Exhibit 74 Page 0961 Traffic (IV, 12-14) Other Questions: The analysis of traffic impacts associated with the project was conducted by the Jefferson County Department of Public Works. Monte Reinders, Jefferson County Public Works Director and County Road Engineer can provide testimony on road or traffic issues, including bicycle and pedestrian traffic, and stormwater review. I will ask that you defer that or those questions to that expert. OR “I would like to confirm with my council before answering that question”. Exhibit 74 Page 0962 Landslides and Erosion Appellant (IV, 15): “The developer’s application materials include a Geotech report that finds that development of the project will not cause or exacerbate the risk of landslides or erosion. This claim is incorrect. Development of the project will increase the risk of landslides and erosion. Because the conclusion of the geotech report is factually incorrect, the SEPA determination was not based on information reasonably sufficient to evaluate the project’s impacts. The probable impacts of this issue will be significant and adverse”. Exhibit 74 Page 0963 Stormwater Runoff Appellant (IV, 16): “The developer’s stormwater management plan fails to consider the environmental effects of increased stormwater runoff onto the neighboring properties. The failure to analyze this issue means the SEPA determination was not based on information reasonably sufficient to evaluate the project’s impacts. The probable impacts of this issue will be significant and adverse”. Exhibit 74 Page 0964 Landslides and Erosion & Stormwater DNS Analysis: With respect to this topic of appeal, how did you analyze the potential impacts to the environment on this issue? Jefferson County GIS Maps Exhibit C: SEPA Environmental Checklist Exhibit E: Stormwater Plan/Stormwater Site Plan Exhibit G: Site Plan Exhibit H: Geologic Hazard Assessment Exhibit P: SEPA Review and Stormwater Site Plan Review and Comments Memorandum Best Management Practices Jefferson County Code Exhibit 74 Page 0965 Landslides and Erosion & Stormwater Jefferson County Code: For any impacts on this subject, how did you look for mitigation measures? Jefferson County GIS Maps: Slight Landslide Hazard Area, Shoreline Slope Stability Area- Intermediate Slope Exhibit 74 Page 0966 Landslides and Erosion & Stormwater Jefferson County Code: For any impacts on this subject, how did you look for mitigation measures? 2021 Geologic Hazard Assessment Letter: Prepared by Dan McShane, L.E.G., M.Sc., Licensed Engineering Geologist (licensed engineer stamp p. 6 of 6). “The property is not a landslide or erosion hazard area and will not be at risk of landslides or erosion. Furthermore, development will not increase the risk of landslides or erosion as long as the recommendations of this report are followed” (p. 6 of 6). JCC 18.20.350(3)(a)(iii) Small-scale recreation and tourist uses. JCC 18.20.350(3)(j)(iv) Small-scale recreation and tourist uses. JCC 18.22.530 Protection standards. JCC 18.22.540 Required assessments and reports. Exhibit 74 Page 0967 Landslides and Erosion & Stormwater Jefferson County Code: For any impacts on this subject, how did you look for mitigation measures? Stormwater Management Plan/Site Plan: The proposal addresses stormwater generated on the 21.54-acre site by a new driveway, parking, and buildings of up to 60,621 square feet of new impervious surface, and approximately 192,722 square feet of land disturbing activity. Dispersion stormwater systems, rain gardens, meets requirements for steep slope ratios, and other BMP’s The proposed project meets all 9 minimum requirements of the 2019 SWMMWW. The stormwater management plan shall be designed to meet Minimum Requirements #1 -#9 of the 2019 SWMMWW (meaning stormwater must be managed on-site) and wetland protection standards set forth in JCC Chapter 18.22 Critical Areas, Article VII. Wetlands. The stormwater system will be reviewed again by Public Works for consistency with the 2019 SWMMWW at the time of building application.Exhibit 74 Page 0968 Landslides and Erosion & Stormwater Jefferson County Code: For any impacts on this subject, how did you look for mitigation measures? Stormwater Management Plan/Site Plan: The proposal addresses stormwater generated on the 21.54-acre site by a new driveway, parking, and buildings of up to 60,621 square feet of new impervious surface, and approximately 192,722 square feet of land disturbing activity. JCC 18.20.350(3)(a)(iv) Small-scale recreation and tourist uses. JCC 18.30.070 Stormwater management standards. Exhibit P, p. 6 –7 and 9 -11 of 11, Exhibit C, p. 3 -5, 6 and 13 of 23 Condition No. 6 of 35, 20 of 35 Exhibit 74 Page 0969 Landslides and Erosion & Stormwater Conditions of Approval: How did you incorporate mitigation measures into the conditional use permit? What conditions have you recommended for the project to mitigate foreseen impacts? Conditions of Approval No. 4 of 35: Erosion control measures must be in place prior to any clearing, grading, or construction. No. 5 of 35: Any discharge of sediment-laden runoff or other pollutants to waters of the state is in violation of Chapter 90.48 RCW and WAC 173-201A No. 6 of 35: 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. No. 12 of 35. The applicant shall follow geotechnical recommendations provided in the 2021 Geological Hazard Assessment. No. 13 of 35: Geotech Follow Up Letter No. 20 of 35: 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.Exhibit 74 Page 0970 DNS - Conclusions The proposal meets the requirement for critical areas in JCC 18.22 and the stormwater requirements for new development in JCC 18.30. The 2021 Geologic Hazard Assessment Letter was prepared by Dan McShane, an Licensed Engineering Geologist, and submitted to Jefferson County DCD. The report satisfies the landslide and erosion protection standards in JCC 18.22.530. The proposed features of the project were confirmed to be in locations not at risk of land movement. The professional geologist confirmed that Full Dispersion is appropriate for proposal. 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. Stormwater controls will be inspected by Public Works during the building permit application review. Exhibit 74 Page 0971 Insufficient Availability of Water Appellant (IV, 17):“The developer’s application materials include a certification of water supply, and the staff report includes a determination by County staff that adequate water supplies exist to support the development. In reality, the local aquifer is insufficient to support the project. Jefferson County Public Utility Department does not have a connection to the property, and such a connection may not be possible. Nothing in the application materials explores alternative water sources in the event the JPUD connection proves to be impossible. Nothing in the application materials or SEPA materials evaluates the environmental impacts if the developer does decide to drill a well into the aquifer. The failure to analyze this issue means the SEPA determination was not based on information reasonably sufficient to evaluate the project’s impacts. The probable impacts of this issue will be significant and adverse”. Exhibit 74 Page 0972 Insufficient Availability of Water DNS Analysis: With respect to this topic of appeal, how did you analyze the potential impacts to the environment on this issue? Jefferson County Code Exhibit L: Certificate of Water Supply Utility Service Exhibit C: SEPA Environmental Checklist Conditions of Approval Exhibit 74 Page 0973 Insufficient Availability of Water Jefferson County Code: For any impacts on this subjects, how did you look for mitigation measures? Well: The original well proposal is no longer proposed for the Retreat Center. Potable Water & Utilities: 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. The Jefferson County 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. A building permit will not be approved if there is no proof of potable water. JCC 18.30.030(1) Water supplies. “Potable water shall be delivered by a means approved by the Washington Department of Health and/or Jefferson County public health”. Exhibit C, p. 7, 21 and 22 of 23, Exhibit R, p. Condition No. 9 of 35 and 10 of 35 Exhibit 74 Page 0974 Insufficient Availability of Water Exhibit L: Certificate of Water Supply Utility Service Exhibit 74 Page 0975 Insufficient Availability of Water Conditions of Approval: How did you incorporate mitigation measures into the conditional use permit? What conditions have you recommended for the project to mitigate foreseen impacts? Conditions of Approval No. 9 of 35: 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. No. 10 of 35: 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. Exhibit 74 Page 0976 Insufficient Availability of Water DNS -Conclusions The applicant originally proposed a well to supply potable water to the subject property. In response to public concern, the applicant explored an alternative water source by contacting the Jefferson County Public Utility District (JPUD) to determine if a public water connection was feasible. 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). This proposal is not a “phased project”, nor is there well drilling or installation proposed for this project. SEPA Review of a well is therefore not required. 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. Final approval will be determined when a building permit application is submitted to the Jefferson County Department of Environmental Health and DCD. Exhibit 74 Page 0977 Aquifer Recharge Appellant (IV, 18): “The local aquifer is already inadequate to support the existing users, especially during summer. By adding impervious surface, the developer will reduce the rate of aquifer recharge, worsening the already severe water shortage for existing properties that depend on the aquifer. The County explicitly declined to require the developer to complete an aquifer recharge report, nor do any of the other application materials consider the project’s impacts on aquifer recharge. The failure to analyze this issue means the SEPA determination was not based on information reasonably sufficient to evaluate the project’s impacts. The probable impacts of this issue will be significant and adverse”. Exhibit 74 Page 0978 Aquifer Recharge DNS Analysis: With respect to this topic of appeal, how did you analyze the potential impacts to the environment on this issue? Jefferson County GIS Maps Jefferson County Code Exhibit C: SEPA Environmental Checklist Exhibit H: Geologic Hazard Assessment Exhibit P: Agency –Department Comments Best Management Practices Conditions of Approval Exhibit 74 Page 0979 Aquifer Recharge Jefferson County GIS Maps Exhibit 74 Page 0980 Aquifer Recharge Jefferson County Code: For any impacts on this subjects, how did you look for mitigation measures? Critical Aquifer Recharge Areas: Aquifers are regulated under Article III. Critical Aquifer Recharge Areas of the Jefferson County Code. According to the Jefferson County GIS Maps, the proposal is not located in Susceptible Aquifer Recharge Areas or Special Aquifer Recharge Protection Areas (JCC 18.22.310) JCC 18.22.310 Classification/designation. Exhibit 74 Page 0981 Aquifer Recharge Jefferson County Code: For any impacts on this subjects, how did you look for mitigation measures? Critical Aquifer Recharge Area Report: According to JCC Table 18.22.330(1), small- scale recreation and tourist uses are not designated as a “High Impact Activity”. According to 18.22.330(1)(c) or (1)(d), Critical Aquifer Recharge Area Reports are required when a “High Impact Activity” is proposed within a Susceptible Aquifer Recharge Area or a Special Aquifer Recharge Protection Area. JPUD has acknowledged that the Quimper Water System has the capacity in installed facilities and water rights to serve the proposed development with improvements. No concerns related to aquifer impacts were identified by JPUD. JCC 18.20.350(3)(J)(iv) Small-scale recreation and tourist uses: “Adequately protects critical areas including surface and groundwater resources;” JCC 18.22.330 Protection standards Exhibit C, p. 7 of 23, Exhibit R, p. 12 –13 of 31 Conditions No. 9 of 35 and 10 of 35 Exhibit 74 Page 0982 Aquifer Recharge Jefferson County Code: For any impacts on this subjects, how did you look for mitigation measures? Stormwater Runoff: A Stormwater Management Plan has been approved by Jefferson County Public Works. Per the Stormwater Management Plan and Site Plan, full dispersion, rain gardens, and best management practices will be utilized. Based on the requirement to implement an approved Stormwater Site Plan, Public Works recommends finding that the proposal is not likely to result in significant adverse impacts related to stormwater runoff. Geologic Hazard Assessment: “Stormwater from the access drive and buildings should 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”. JCC 18.22.330(3) Protection standards JCC 18.30.060(1) and (4) Grading and excavation standards. Exhibit C, p. 5, 7, 8, and 13 of 23, Exhibit R, p. 19 -20 of 31 Conditions No. 1 of 35 and 20 of 35 Exhibit 74 Page 0983 Aquifer Recharge Jefferson County GIS Maps Exhibit 74 Page 0984 Aquifer Recharge Jefferson County Code: For any impacts on this subjects, how did you look for mitigation measures? Coastal Saltwater Intrusion Protection Zone: According to the Jefferson County GIS Maps, there is a Coastal SIPZ located on the subject property as defined in JCC 18.22.310(3)Seawater Intrusion Protection Zones. A well is no longer proposed for this project. Per JCC 18.22.330(2) and (8), the applicant meets the protection standards for Seawater Intrusion Protection Zones. JCC 18.22.310(3)Seawater Intrusion Protection Zones JCC 18.22.330(2) Protection standards Exhibit C, p. 15 of 23, Exhibit R, p. 12 and 13 of 31 Exhibit 74 Page 0985 Aquifer Recharge Conditions of Approval: How did you incorporate mitigation measures into the conditional use permit? What conditions have you recommended for the project to mitigate foreseen impacts? Conditions of Approval No. 1 of 35: 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. No. 9 of 35: 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. No. 10 of 35: 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. No. 20 of 35: 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. Exhibit 74 Page 0986 Aquifer Recharge DNS - Conclusions According to the Jefferson County GIS Maps, the subject property is not located in a critical aquifer recharge area, but is located in a coastal saltwater intrusion protection zone. A well is not proposed for this proposal. Per JCC 18.22.330(2) and (8), the applicant meets the protection standards for Seawater Intrusion Protection Zones. Per JCC 18.22.330(1), the proposal is not defined as an “high impact activity” and is not located in a susceptible aquifer recharge area or a special aquifer recharge protection area. Therefore, a critical aquifer recharge area report is not required for the proposal. Geological Hazard Assessment (Stratum Group): “Stormwater from the access drive and buildings should 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”. The applicant shall follow the Stormwater Management Plan as approved and conditioned in the Staff Report. JPUD has acknowledged that the Quimper Water System has the capacity in installed facilities and water rights to serve the proposed development with improvements. JPUD has not identified concerns related to the aquifer capacity. Exhibit 74 Page 0987 Noise Appellant (IV, 19): “The developer’s application materials, and the County’s SEPA review based thereupon, do not disclose the level of noise the project will produce, both during construction and operation. The staff report acknowledges there has been no noisy study. Potential noise sources not analyzed include construction-related noise (including logging and grading); traffic noise from guests, staff, and vendors; and noise from guests and staff using the grounds of the facility once it is complete. The failure to analyze this issue means the SEPA determination was not based on information reasonably sufficient to evaluate the project’s impacts. The probable impacts of this issue will be significant and adverse”. Exhibit 74 Page 0988 Noise DNS Analysis: With respect to this topic of appeal, how did you analyze the potential impacts to the environment on this issue? Jefferson County Code Exhibit C: SEPA Environmental Checklist Exhibit R: Staff Report Exhibit G: Site Plan/Landscaping Plan Best Management Practices Conditions of Approval Exhibit 74 Page 0989 Noises Jefferson County Code: For any impacts on this subject, how did you look for mitigation measures? Guest Arrival & Departure: Guests will arrive between 8:00 am and 7:00 pm on their arrival day and leave between 8:00 am and 11:00 am on their departure day. JCC 8.70.050(4) & (6) Public nuisance noises -Noise Control Ordinance JCC JCC 18.20.350(3)(iii) Small-scale recreation and tourist uses. JCC 18.30.190 Noise Exhibit C, p. 13 of 23, Exhibit R, p. 19 of 31, Exhibit G Condition No. 14 of 35, 17 of 35, 21 of 35, and 22 of 35 Exhibit 74 Page 0990 Noises Jefferson County Code: For any impacts on this subject, how did you look for mitigation measures? Traffic Noise (Commercial Deliveries): Deliveries will be scheduled during normal business hours of 8:00 am -5:00 pm. Traffic Noise (Driveway & Parking): Guests will be strongly encouraged to carpool or make use of shuttles. Due to the building locations and heavily forested setbacks, traffic noise generated from the driveway is not excepted to become a public nuisance to neighboring properties. Speed Limit signs (15 mph) will be posted on the driveway to minimize noise and protect the road. JCC 8.70.050(4) & (6) Public nuisance noises -Noise Control Ordinance JCC 18.20.140(1)(c) Commercial uses –Standards for site development JCC 18.20.350(3)(iii) Small-scale recreation and tourist uses. JCC 18.30.190 Noise Exhibit C, p. 13 of 23, Exhibit R, p. 19 of 31, Exhibit G Condition No. 14 of 35, 17 of 35, 21 of 35, and 22 of 35 Exhibit 74 Page 0991 Noises Jefferson County Code: For any impacts on this subject, how did you look for mitigation measures? Short Term Construction (including logging): Limited to 7:00 AM -10:00 PM. Builder will be typically on site from 7:00AM to 3:30PM. Builder will minimize the noise during the first hour of the acceptable noise period (before 8 AM) by focusing on lower noise construction activities such as staging, team meetings, plan reviews and material mobilization. Minimize weekend work and evening work. Owner will be living on-site to monitor noise and other impacts. JCC 8.70.100 Liberal construction WAC 173-60-040 Maximum permissible environmental noise levels JCC 18.20.140(1)(c) Commercial uses –Standards for site development JCC 18.20.350(3)(iii) Small-scale recreation and tourist uses. JCC 18.30.190 Noise Exhibit C, p. 14 of 23, Exhibit R, p. 19 of 31, Exhibit G Condition No. 14 of 35, 17 of 35, 21 of 35, and 22 of 35Exhibit 74 Page 0992 Noises Jefferson County Code: For any impacts on this subject, how did you look for mitigation measures? Long Term Business Operations: Outside Team Building Activities will occur between 9:00 am and 8:00 pm. Most meetings will be held indoors. 35 guests maximum. Amplification of noise is prohibited. Retreat Center Quiet Hours 10:00 pm –8 am. Guest contracts, website language and guest orientations will emphasize the need to respect neighbors. WAC 173-60-040 Maximum permissible environmental noise levels JCC 8.70.050(4) & (6) Public nuisance noises -Noise Control Ordinance JCC 18.20.140(1)(c) Commercial uses –Standards for site development JCC 18.20.350(3)(iii) Small-scale recreation and tourist uses. JCC 18.30.190 Noise Exhibit C, p. 14 of 23, Exhibit R, p. 19 of 31, Exhibit G Condition No. 14 of 35, 17 of 35, 21 of 35, and 22 of 35 .Exhibit 74 Page 0993 Noises Jefferson County Code: For any impacts on this subject, how did you look for mitigation measures? Best Management Practices Landscaping: As shown on the revised site plan (dated 11/19/2021), Screen A Landscaping of 50 feet will be maintained around the perimeter of the property. Walking Trails: Walking trails shall not disturb the 50-foot landscaping buffer as shown on the approved site plan revised November 22, 2021. Setbacks: The nearest existing single-family residence along Oak Bay Road approximately 500 feet from the proposed retreat center. The proposed caretaker residence is approximately 350 feet from the nearest existing single-family residence. Exhibit 74 Page 0994 Noise Conditions of Approval: How did you incorporate mitigation measures into the conditional use permit? What conditions have you recommended for the project to mitigate foreseen impacts? Conditions of Approval No. 14 of 35: “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”. No. 17 of 35:“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”. No. 21 of 35: The applicant shall maintain a 50-foot landscaping buffer. No. 22 of 35: Walking trails shall not disturb the 50-foot landscaping buffer as shown on the approved site plan revised November 22, 2021. Exhibit 74 Page 0995 Noises DNS -Conclusions The proposal is conditioned 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. Short Term and Long Term noise will not occur between hours considered to be a public nuisance: Between the hours of 10:00 p.m. and 7:00 a.m. Sunday through Thursday (example: 10:00 p.m. Sunday to 7:00 a.m. Monday) or between 11:00 p.m. and 7:00 a.m. on Friday or Saturday (example: 11:00 p.m. Friday to 7:00 a.m. Saturday), WAC 173-60-040: Maximum permissible environmental noise Levels The applicant has proposed multiple best management practices to mitigate for recreational and commercial levels of noise. The proposal has been conditioned to require these best management practices to be implemented during all development and proposed operation activities. Exhibit 74 Page 0996 Noises DNS -Conclusions There is no proposed recreational or tourism related equipment or machinery that indicate the potential for a significant noise impact. Noise Studies have been recommended in the past for the projects below: Mechanical Equipment & Building Fans: MLA18-000102 –ZON18-00039 (cannabis production/processing facility)-CUP III Concrete Floor/New Fan System: MLA17-00019 -ZON18-00001 (cannabis production/processing facility)-CUP III The proposed structures are setback at sufficient distances from neighboring property lines. The Jefferson County Code does not require a quantitative measure of noise produced for small scale recreational uses. Exhibit 74 Page 0997 Light and Glare Appellant (IV, 20):“The developer’s application materials, and the County’s SEPA review based thereupon, do not disclose the level of light and glare the project will produce. The project will introduce a new, commercial facility in a residential neighborhood. The impacts will include light, including new outdoor light sources, and glare from the large windows of the project. The failure to analyze this issue means the SEPA determination was not based on information reasonably sufficient to evaluate the project’s impacts. The probable impacts of this issue will be significant and adverse”. Exhibit 74 Page 0998 Light and Glare DNS Analysis: With respect to this topic of appeal, how did you analyze the potential impacts to the environment on this issue? Jefferson County Code Exhibit C: SEPA Environmental Checklist Exhibit R: Staff Report Exhibit G: Site Plan/Landscaping Plan Best Management Practices Conditions of Approval Exhibit 74 Page 0999 Light and Glare Jefferson County Code: For any impacts on this subject, how did you look for mitigation measures? Outdoor Safety Lights: Outdoor safety lights to mark pathways. Lights will be located lower than 20 feet and will be aimed low to encourage star gazing by guests. Shielded or Recessed -Direct glare and reflections will be contained within the boundaries of the parcel. Directed downward and away from adjoining properties. JCC 18.20.350(3)(h) -Small-scale recreation and tourist uses. JCC 18.30.140(1) Lighting Exhibit C, p. 14, 17 and 18 of 23, Exhibit R, p. 20 of 31 Condition No. 19 of 35 Exhibit 74 Page 1000 Light and Glare Jefferson County Code: For any impacts on this subject, how did you look for mitigation measures? Retreat Center Windows (4,500 sq.ft): Roll shades will be installed to control light and glare during night time hours. Proposed landscaping, setbacks, and existing vegetation will screen light and glare from neighboring properties and Oak Bay Road JCC 18.20.350(3)(f) Small-scale recreation and tourist uses. JCC 18.20.350(3)(h) Small-scale recreation and tourist uses. JCC 18.30.140 Lighting Exhibit C, p. 18 of 23, Exhibit R, p. 20 of 31 Condition No. 14 of 35, No. 19 of 35 Exhibit 74 Page 1001 Light and Glare Jefferson County Code: For any impacts on this subject, how did you look for mitigation measures? Retreat Center Exterior: Charred wood technique or “shou sugi ban”. Color and material are not expected to produce visual or glare impacts. JCC 18.20.350(3)(h) Small-scale recreation and tourist uses. Exhibit C, p. 16 of 23, Exhibit R, p. 20 of 31 Condition No. 14 of 35, No. 21 of 35 Vehicle Lights: Passenger vehicles and delivery trucks are expected to be on-site during operation of the retreat center. In the short term, construction and logging vehicles will also be present on the subject property during logging and construction operations. 50 feet of forest landscaping and setbacks will provide sufficient screening. Main parking area is located away from adjacent residences. Driveway running adjacent to north property line is mostly adjacent to commercial forest lands. Condition No. 21 of 35 Exhibit 74 Page 1002 Light and Glare Jefferson County Code: For any impacts on this subject, how did you look for mitigation measures? Directional Sign: Located 10 feet from Oak Bay Road, north of the driveway entrance. 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. JCC 18.30.140 Lighting Exhibit C, p. 14 and 17 of 23, Exhibit R, p. 20 and 21 Condition No. 24 of 35 Exhibit 74 Page 1003 Light and Glare Conditions of Approval: How did you incorporate mitigation measures into the conditional use permit? What conditions have you recommended for the project to mitigate foreseen impacts? Conditions of Approval No. 14 of 35: Will not introduce other conditions which unreasonably impact existing uses in the vicinity of the subject parcel pursuant to JCC 18.20.350. No. 19 of 35: Light and Glare Best Management Practices No. 21 of 35: 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). No. 24 of 35: On-Site Sign Best Management Practices Exhibit 74 Page 1004 Light and Glare DNS -Conclusions The proposal meets the performance and development standards in JCC 18.20 and JCC 18.30 relating to light and glare. The applicant is proposing Charred wood technique or “shou sugi ban” for the exterior of the Retreat Center. These type of materials are not expected to reflect light or cause significant glare. EX: Aluminum Cell Towers-Painted green or brown to avoid reflection The proposed buildings and main parking area are not located along landscaping lines. The nearest existing single-family residence along Oak Bay Road is approximately 500 feet from the proposed retreat center. The proposed caretaker’s residence is approximately 350 feet from the nearest existing single-family residence. All Interior lot lines will employ a 50 foot landscaping buffer, which is 35 feet larger than the required landscaping standard for small-scale recreational and tourist use development. The Jefferson County Code does not require a quantitative measure of light and glare produced for small scale recreational uses.Exhibit 74 Page 1005 Aesthetic Impacts Appellant (IV, 21): “The developer’s application materials, and the County’s SEPA review based thereupon, do not discuss the aesthetic the project will produce. The project will introduce a large, tall, bulky, commercial facility in a residential neighborhood. The County has failed to evaluate whether the landscaping is adequate to buffer the aesthetic impacts from surrounding properties—the County simply assumes that it will be adequate. The failure to analyze this issue means the SEPA determination was not based on information reasonably sufficient to evaluate the project’s impacts. The probable impacts of this issue will be significant and adverse”. Exhibit 74 Page 1006 Aesthetic DNS Analysis: With respect to this topic of appeal, how did you analyze the potential impacts to the environment on this issue? Jefferson County Code Exhibit C: SEPA Environmental Checklist Exhibit R: Staff Report Exhibit G: Site Plan/Landscaping Plan Best Management Practices Conditions of Approval Exhibit 74 Page 1007 Aesthetic Impacts Jefferson County Code: For any impacts on this subject, how did you look for mitigation measures? Building Height: 27 feet (2 stories). Mature trees (50 –200 feet) will surround the proposed buildings JCC 18.30.050 Density, dimension, and open space standards. Table 6-1. Density, Dimension and Open Space Standards. JCC 18.20.350(3)(h) Small-scale recreation and tourist uses. Exhibit C, p. 16 of 23, Exhibit R, p. 20 of 31 Retreat Center Exterior: Charred wood technique or “shou sugi ban” Color and material are not expected to produce visual or glare impacts. JCC 18.20.350(3)(h) Small-scale recreation and tourist uses. Exhibit C, p. 16 of 23, Exhibit R, p. 20 of 31 Condition No. 14 of 35, No. 21 of 35 Exhibit 74 Page 1008 Aesthetic Impacts Jefferson County Code: For any impacts on this subject, how did you look for mitigation measures? Retreat Center Windows (4,500 square feet): Roll shades will be installed to control light and glare during night time hours. Proposed landscaping and setbacks will screen light/glare from neighboring properties JCC 18.20.350(3)(f) Small-scale recreation and tourist uses. JCC 18.20.350(3)(h) Small-scale recreation and tourist uses. JCC 18.30.140 Lighting Exhibit C, p. 18 of 23, Exhibit R, p. 20 of 31 Condition No. 14 of 35, No. 19 of 35 Exhibit 74 Page 1009 Aesthetic Impacts Jefferson County Code: For any impacts on this subject, how did you look for mitigation measures? Retreat Center Footprint (including stairs and ramps): 7,155 square feet. The gross floor area is 12,000 square feet. Proposed landscaping and setbacks will screen buildings from neighboring properties JCC 18.30.050 Density, dimension, and open space standards. Table 6-1. Density, Dimension and Open Space Standards. JCC 18.20.350(3)(9) Small-scale recreation and tourist uses. JCC 18.20.350(3)(h) Small-scale recreation and tourist uses. Exhibit C, p. 3 of 23, Exhibit R, p. 1 and 20 of 31, Exhibit G Exhibit 74 Page 1010 Aesthetic Impacts Jefferson County Code: For any impacts on this subject, how did you look for mitigation measures? Caretaker Residence: 710 square foot area. Proposed landscaping and setbacks will screen buildings from neighboring properties JCC 18.30.050 Density, dimension, and open space standards. Table 6-1. Density, Dimension and Open Space Standards. JCC 18.20.350(3)(9) Small-scale recreation and tourist uses. JCC 18.20.350(3)(h) Small-scale recreation and tourist uses. Exhibit C, p. 3 of 23, Exhibit R, p. 1 and 20 of 31, Exhibit G Exhibit 74 Page 1011 Aesthetic Impacts Jefferson County Code: For any impacts on this subject, how did you look for mitigation measures? Both Parking and Building Locations: West side of the 21-acre property, leaving approximately 666,000 square feet of mature forest between the development site and Oak Bay Road. Proposed landscaping, setbacks, and existing vegetation will screen buildings from neighboring properties and Oak Bay Road JCC 18.20.350(3)(f) Small-scale recreation and tourist uses. JCC 18.20.350(3)(h) Small-scale recreation and tourist uses. JCC 18.30.130(5) Landscaping Exhibit C, p. 3, 11, 16 and 17 of 23, Exhibit R, p. 20 of 31, Exhibit G Condition No. 14 of 35 Exhibit 74 Page 1012 Aesthetic Impacts Jefferson County Code: For any impacts on this subject, how did you look for mitigation measures? Landscaping: 50 foot Screen A Landscaping Buffer, which 35 feet larger than the minimum landscaping requirements for small-scale recreation and tourist uses. The 50-foot landscaping buffer is composed of mature trees that range from approximately 50 to 200 feet in height, which exceeds the proposed height of the two buildings. The 50-foot landscaping buffer shall remain in natural condition and shall be monitored to ensure the health of landscaping vegetation. JCC 18.20.350(3)(f) Small-scale recreation and tourist uses. JCC 18.20.350(3)(h) Small-scale recreation and tourist uses. JCC 18.30.130(5) Landscaping Exhibit C, p. 9 of 23, Exhibit R, p. 3, 15, and 19 of 31 Condition No. 21 and 22 of 35 Exhibit 74 Page 1013 Aesthetic Impacts Jefferson County Code: For any impacts on this subject, how did you look for mitigation measures? Walking Trail Signs: Located along 50 foot landscaping buffer. Directional Sign: Located 10 feet from Oak Bay Road, north of the driveway entrance. Standing parallel to the road to avoid obstructing the line of slight. JCC 18.30.140 Lighting JCC 18.30.150 Signs Exhibit C, p. 14 and 17 of 23, Exhibit R, p. 20 and 21 of 31, Exhibit G Condition No. 24 of 35, No. 25 of 35 Exhibit 74 Page 1014 Aesthetic Impacts Jefferson County Code: For any impacts on this subject, how did you look for mitigation measures? Driveway: Approximately 259 feet away from the southern property line, and approximately 80 feet from the northern property line. Retreat Center Parking Lot: 30 parking stalls, 9,222 square feet Caretaker Residence Parking Lot: 1 parking stalls, 882 square feet 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. JCC 18.30.050 Density, dimension, and open space standards. Table 6-1. Density, Dimension and Open Space Standards. JCC 18.20.350(3)(f) Small-scale recreation and tourist uses. JCC 18.20.350(3)(h) Small-scale recreation and tourist uses. JCC 18.30.130(5) Landscaping Exhibit C, p. 3, 5, 8 and 20 of 23 , Exhibit R, p. 16, 21 and 22 of 31, Exhibit G Condition No. 26 of 35, No. 27 of 35 Exhibit 74 Page 1015 Aesthetic Impacts Conditions of Approval: How did you incorporate mitigation measures into the conditional use permit? What conditions have you recommended for the project to mitigate foreseen impacts? Conditions of Approval No. 14 of 35: Will not introduce other conditions which unreasonably impacts existing uses in the vicinity of the subject parcel pursuant to JCC 18.20.350. No. 21 of 35: 50 Foot Screen A Landscaping Buffer No. 22 of 35: Walking Trails No. 23 of 35: All proposed signs shall adhere to sign standards in JCC 18.30.150. No. 24 of 35: Sign Best Management Practices No. 25 of 35: Sign Road Setback Variance Permit No. 26 of 35: Parking must meet on-site parking capacity. No. 27 of 35: ADA/handicapped compliance parking Exhibit 74 Page 1016 Aesthetics Impacts DNS - Conclusions The applicant has meet the building size requirements in JCC 18.20 and the building height requirements JCC 18.30. The proposed parking areas and buildings are not located along landscaping lines. The nearest existing single-family residence along Oak Bay Road is approximately 500 feet from the proposed retreat center. The proposed caretaker’s residence is approximately 350 feet from the nearest existing single-family residence. All Interior lot lines will employ a 50 foot landscaping buffer, which is 35 feet larger than the required landscaping standard for small-scale recreational and tourist use development. The applicant is proposing hardie board or cedar plank exteriors (dark brown) for the exterior of the Retreat Center. These type of materials are not expected to reflect light or cause significant glare. Windows will have roll shades installed to control light or glare at night. No additional reports, analysis, or mitigation are required per Jefferson County Code for aesthetic features of small-scale recreation and tourist uses. Exhibit 74 Page 1017 Habitat Appellant (IV, 22): “The project includes logging of old trees to accommodate the new commercial facility. This will result in a loss of habitat for wildlife. The developer’s SEPA materials list some species that are suspected to be present, but do not evaluate these species’ use of the property, nor the project’s impacts upon these species. The failure to analyze this issue means the SEPA determination was not based on information reasonably sufficient to evaluate the project’s impacts. The probable impacts of this issue will be significant and adverse”. Exhibit 74 Page 1018 Habitat DNS Analysis: With respect to this topic of appeal, how did you analyze the potential impacts to the environment on this issue? Jefferson County GIS Maps Site Visit Exhibit C: SEPA Environmental Checklist Exhibit G: Site Plan Best Management Practices Jefferson County Code Exhibit 74 Page 1019 Habitat Jefferson County Code: For any impacts on this subject, how did you look for mitigation measures? Jefferson County GIS Maps:Geological hazardous areas (slight landslide hazard area and shoreline slope stability area-intermediate slope) and coastal saltwater intrusion protection zone. No bodies of water were shown through the Geographic Information Systems mapping. In addition, the GIS maps showed no evidence of Riparian Cover (PNPTC, 2009), Channel Migration Zones, or Marbled Murrelet and Spotted Owl Habitat Areas. As defined in JCC 18.22.610(1), vegetation and trees alone are not designated as fish and wildlife habitat conservation areas. JCC 18.22.210(1) Identification and mapping of critical areas JCC 18.22.610(1) Classification/designation. Exhibit 74 Page 1020 Habitat Jefferson County Code: For any impacts on this subject, how did you look for mitigation measures? Site Visit: 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. Chapter 18.22 Critical Areas, Article IX. Special Reports Exhibit 74 Page 1021 Habitat Jefferson County Code: For any impacts on this subject, how did you look for mitigation measures? U.S. Fish and Wildlife Endangered Species Database IPaC: 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). IPAC: Information for Planning and Consultation –“Planning tool that streamlines the USFWS environmental review process”. USFWS or WDFW have not designated Endangered or Threatened Species habitat (“Critical Habitat”) on the subject property, nor have they submitted comments on this proposal. JCC 18.22.610(1) Classification/designation. FWHCAs include those areas identified as being of critical importance to the maintenance of endangered, threatened, or sensitive species of fish, wildlife or plants, or designated habitats and species of local importance. Chapter 18.22 Critical Areas, Article IX. Special Reports Exhibit C, p. 8 –11 of 23, Exhibit R, p. 25 -26 of 31. Condition No. 4 of 35, 5 of 35, and 20 of 35. Exhibit 74 Page 1022 Habitat Jefferson County Code: For any impacts on this subject, how did you look for mitigation measures? Best Management Practice(s): The project area is located approximately 900 feet from Puget Sound and 80% 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. 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 promptly removed upon observance to manage the spread of invasive species known to occur after ground disturbance. Exhibit 74 Page 1023 Habitat Conditions of Approval: How did you incorporate mitigation measures into the conditional use permit? What conditions have you recommended for the project to mitigate foreseen impacts? Conditions of Approval (Best Management Practices) No. 4 of 35: Erosion control measures must be in place prior to any clearing, grading, or construction. Sand, silt, clay particles, and soil will damage aquatic habitat and are considered to be pollutants. No. 5 of 35: 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. No. 20 of 35: 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. Exhibit 74 Page 1024 Habitat Wetlands: A Habitat Assessment, prepared by Wet.land, LCC (dated May 4, 2022), was submitted in conjunction with applicant’s appeal response. Potential Category IV Slope Wetland (25 –50 foot wetland buffer) was observed on parcel 921192003. Based on visual estimates, the Category IV Wetland is located more than 50 feet from the subject property. The Wetland buffer does not extend onto the subject property. The proposal meets the wetland protection standards in JCC 18.22.730. 50-foot Screen A Landscaping Buffer & caretaker’s residence is located approximately 82 feet from parcel 921192003. Condition No. 33 of 35: 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. Jefferson County DCD does not require additional wetland mitigation measures for the proposal. No proposed amendments to the recommended conditions of approval has been requested. Exhibit 74 Page 1025 Habitat DNS -Conclusions Jefferson County GIS Maps did not indicate the presence of streams or wetlands on the subject property or adjacent properties. 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. USFWS or WDFW have not designated Endangered or Threatened Species habitat (“Critical Habitat”) on the subject property (IPAC), nor have they submitted comments on this proposal. Existing trees or vegetation are not regulated for habitat protection unless the existing trees or vegetation are located in a fish and wildlife habitat conservation area as defined in JCC 18.22.610(1). 80% of the subject property will remain heavily forested upon completion of the project. Best Management Practices Exhibit 74 Page 1026 Wetlands Appeal 22, Wetland and Streams: “The applicant’s revised critical areas report mis-types and mis-delineates onsite and adjacent offsite wetlands, and mis-types onsite and adjacent streams. In reality, the wetlands and streams are required to have larger buffers than those depicted on the critical areas report. The proposed septic field, road construction, and building construction all intrude upon the buffers”. Exhibit 74 Page 1027