HomeMy WebLinkAboutPRE2022-00031 OUTLINE NOTES1
PRE2022-00031
Pre-Application Conference Richard Rathvon Residential Development in Natural Shoreline
Agenda:
1. Meet In-Office @ 3:00 PM
2. Environmental Health Review 3. WA Department of Ecology
4. Land Use Review
5. Questions Debrief
6. End conference by 4:00 PM
County Attendees: Amanda Hunt – Department of Community Development,
Carter Erickson & Emma Erickson– Department of Environmental Public Health
State Attendees: Rebecca Rothwell - Department of Ecology
Time and Date: Tuesday, October 25th, 2022 3:00 PM – 4:00 PM
Applicant/Attendees: Richard Rathvon – applicant/property owner, Terry McHugh –
project representative, Everett Sorensen – project engineer, & Regan McClellan – project
architect
Location: Parcel # 701164005, 660 Twana WY, Quilcene, WA 98376 Description of Proposal: The Rathvon’s are proposing a new on-site septic system (“OSS”)
(SEP2022-00114) to serve a future additional dwelling unit and three-bedroom single family residence.
The OSS is designed to serve up to 600 gallons of sewage per day with a gravity discharge into gravel
trenches. The proposed new residence and septic system (including drainfield reserve area) are located
within the Natural Shoreline Environmental Designation of Dabob Bay. The septic system starts at approximately 150 feet from the Ordinary High-Water Mark (“OHWM”) and the residence starts at approximately 160 feet from OHWM. The location of the additional dwelling unit has not been identified
at this time.
Pursuant to JCC 18.25.220, single-family (and normal appurtenances) development located landward
of the OHWM in the Natural Shoreline Environmental Designation requires a Type II Shoreline
Conditional Use (Administrative) Permit from the Jefferson County Department of Community Development. The applicant’s goal of this Pre-Application Conference is to discuss the permitting path for new residential development within the Shoreline Jurisdiction and Critical Area Buffers.
The Jefferson County Code is available on-line at http://www.codepublishing.com/WA/JeffersonCounty/
DEVELOPMENTAL REVIEW DIVISION – Amanda Hunt (360-379-4458):
Land Use:
• Zoning: RR-5 - Rural Residential
• State Environmental Policy Act (SEPA): o The proposal is exempt from SEPA review (WAC 197-11-800(1)(b)(i). No SEPA Environmental Checklist is required.
• A stormwater review (Small, Medium, or Large Stormwater Packet) is required for the proposed new single-family residence. The stormwater packet is not required for a stand- alone septic system permit application.
o Stormwater Management is based off of the current Ecology Stormwater
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Management Manual (JCC 18.30.060 and JCC 18.30.070, Current Ecology Stormwater Management Manual for Western Washington).
o The applicant shall follow the stormwater management recommendations
provided in the 2022 Geologic Hazard Assessment prepared by Stratum Group.
Stormwater best management practices shall be shown and labeled on the
submitted site plan.
• Site Development Review
o Submit Site Development Review Permit Application (“SDR”) to determine legal lot of record status before shoreline permit review. Shoreline:
• Please note that Jefferson County is in the process of revising the Shoreline Master
Program (Chapter 18.25 JCC) and the following is based on current regulations.
• The applicant is proposing a new Residential- “Single-family (and normal
appurtenances)” Use landward of the OHWM (starting approximately 150'-0") in the Natural Environmental Shoreline Designation. This type of project requires a Shoreline
Conditional Use (Administrative) Permit. The current process for a Shoreline Conditional
(Administrative) Use is a Type II Permit Process. Notice of Application criteria, including
a public notice and written public comment (30 days) is required, and an administrative
approval procedure, but not a public hearing; see Article VIII of Chapter 18.40 JCC.
Applications for uses listed as an administrative conditional use permit (i.e., "C(a)") in JCC 18.25.220 are processed according to the procedures for Type II land use decisions established in JCC 18.25.590.
• The proposed project must meet the “Conditional use permit criteria” under JCC
18.25.590 and the “Use-Specific Residential Policies and Regulations” under JCC
18.25.500.
• The proposed project must also meet WAC 173-27-130(3)(a), WAC 173-27-180, & WAC 173-27-160. PLEASE NOTE:
• To meet the conditional use permit criteria under JCC 18.25.590, it is highly encouraged
to remove as little vegetation in the Natural Shoreline Environmental Designation as
possible.
• The site plan shall show the limits of clearing around the proposed development areas
(this includes staging, construction, and storage areas, etc.).
• A Habitat Management Plan shall not be required if all proposed land disturbing activities associated with the septic system are located at least 150 feet from the OHWM and 160
feet from the OHWM for the proposed new single-family residence.
• Pursuant to JCC 18.25.500(3)(c), residential development consisting of one single-
family residence per existing legal lot of record may be allowed as a conditional use.
Accessory dwelling units shall be prohibited. If the applicant would like to build an
additional dwelling unit, it must be located outside of the 200-foot shoreline jurisdiction. The additional dwelling unit will therefore not be reviewed in conjunction the Type II Shoreline Conditional Use (Administrative) Permit application.
Archeology
• There is a potential archeological resource located within 500 ft of the project area. No archaeological or cultural survey is required at the time of application; however, if the Washington Department of Archaeology and Historic Preservation or the Tribes indicate the potential for resources to be present during the Notice of Application comment period, a survey will be required. Critical Areas:
• Critical Areas located on the property include Streams, Wetlands (in shoreline),
Frequently Flooded Area (AE & VE Flood Zones), Geological Hazardous Areas,
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Susceptible Critical Aquifer Recharge Area (SUSC), and Coastal Saltwater Intrusion
Protection Zone (SIPZ). o Streams: There are no mapped streams on the property. However, according
to the 2022 Geologic Hazard Assessment, “The valley in the south is on and/or just south of the property line. There is indication of periodic water flow in this valley, but no water was present at the time of our site visit on February 1, 2022”. Un-mapped streams may therefore be present near the project site. If
streams are present within 50- 150 ft of the project site, consultation with a
biologist shall be required.
o Wetlands: Wetlands are mapped along the shoreline. 2016 Department of Ecology Shoreline Photos do not indicate the presence of wetland vegetation. Wetlands to the north are located at least 300 feet away from the proposal. No further action is required.
o SUSC: No special report is required.
o Coastal SIPZ: Well monitoring measures shall be included in the permit
conditions. No special report is required.
o Frequently Flooded Areas: The proposed residential development is not located
in the “AE” or “VE” Flood Zone. No further action is required.
o Geological Hazard Area: There are mapped geologically hazardous areas (Tsunami Inundation Area, Erosion Hazard Area, Seismic Hazard Area,
Shoreline Slope Stability- Unstable-Recent Slide and Unstable Slope, High and Moderate Landslide Hazard Area) located on the subject property. A Geologic Hazard Assessment prepared by Stratum Group on February 15, 2022 has been
submitted in conjunction with Pre-Application Conference. The applicant shall follow the recommendations of the assessment (e.g. setbacks, stormwater, yard waste and debris). Recommended top of slope setbacks shall be shown on
the submitted site plan. A Notice to Title will be prepared during application review.
Environmental Public Health – Carter Erickson (cerickson@co.jefferson.wa.us) & Emma Erickson (EErickson@co.jefferson.wa.us)
• The Jefferson County Department of Environmental Public Health (EPH) will provide the
review of water and septic requirements for the proposed new septic system and single-
family residence. EPH fees will be in addition to land use review fees listed down below.
Application and Fees:
• The complete application includes the following:
o Site Development Review Permit Application
o Permit Application
o Shoreline Supplemental Application Form (for Shoreline CUP Type II Permit)
o Stormwater Forms,
- All applicable forms, including the Stormwater Calculation Worksheet
o Site Plan(s)
o Design Drawings
o Habitat Reconnaissance Letter and/or Habitat Management Plan (if required)
o Notice to Title – Geologic Hazard Assessment
o Any additional information which will demonstrate compliance with the code such as narratives or photos.
o Site Development Review Permit Fees are as follows: SDR Base Fee $306.00,
Legal of Lot Record Determination (per hour) $102.00, Scan Fee $25.50, Site
Visit (if required) $204.00, Technology Fee $31.87; Total Application Fee
$669.37
o Shoreline Conditional “C(a)” Use Permit Fees are as follows: Base Fee
$1,632.00; Notice of Application $149.00; Notice Board $12.00; Scan Fee
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$25.50; Technology Fee $90.93; Total Application Fee $1,909.43.
o Environmental Health Fees: determined by the Department of Environmental
Health
o Additional review time over the base amount is charged at $102.00 per hour.
o In this preliminary review of the proposed project, no review fees for any other departmental reviews have been identified.
OTHER REGULATORY/LAND USE CONSIDERATIONS:
The proposal will be sent out for review and comment by other affected agencies and Tribes.
JCC 18.40.090(5) Assurances Unavailable. It is impossible for the conference to be an exhaustive review of all potential issues. The discussions at the conference or the information provided by the administrator shall not bind or prohibit the county’s future application or
enforcement of all applicable laws and regulations. No statements or assurances made by
county representatives shall in any way relieve the applicant of his or her duty to submit an
application consistent with all relevant requirements of county, state and federal codes, laws,
regulations and land use.
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PRE2022-00031
Pre-Application Conference Use-Specific Recreation Policies and Regulations under JCC 18.25.500
(1) Policies.
(a) Residential use is not water-dependent but is a preferred use of the shorelines
when such development is planned and carried out in a manner that protects shoreline
functions and processes to be consistent with the no net loss provisions of this
program. (b) All residential use and development should be planned, designed, located, and
operated to avoid adverse impacts on shoreline processes, aquatic habitat, biological
functions, water quality and quantity, aesthetics, navigation, and neighboring uses.
(c) All residential use and development should be properly managed to avoid damage to the shoreline environment and prevent cumulative impacts associated with shoreline armoring, overwater structures, stormwater runoff, septic systems, introduction of
pollutants, and vegetation clearing.
(d) New residential development should be limited to densities that are consistent with
the Jefferson County Comprehensive Plan goals and policies, zoning restrictions, and this program. The density per acre of development should be appropriate to local natural and cultural features.
(e) Low impact development practices and clustering of dwelling units and accessory
structures should be implemented as appropriate to preserve natural features,
minimize physical impacts and reduce utility and road construction and maintenance
costs. (f) New residential development should be planned and built in a manner that avoids
the need for structural shore armoring and flood hazard reduction in accordance with
JCC 18.25.380 (Flood control structures) and 18.25.410 (shoreline stabilization) of this
program and other applicable plans and laws.
(g) Residential development should be designed to: (i) Maintain or improve ecological functions and processes; and
(ii) Preserve and enhance native shoreline vegetation; and
(iii) Control erosion; and (iv) Protect water quality; and
(v) Preserve shoreline aesthetic characteristics; and
(vi) Minimize structural obstructions to public views and normal public use of the shoreline and the water.
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(h) Creation of new residential lots through land division should be designed, configured and developed to ensure that no net loss of ecological functions and processes occurs from the plat or subdivision, even when all lots are fully built-out.
(i) Residential developments are encouraged, but not required, to provide public access
to the shoreline. New multi-unit residential development, including subdivision of land
into more than four parcels, is strongly encouraged to provide public access/open
space area equal to at least 30 percent of the total development/subdivision area for use by development residents and the public.
(j) Whenever possible, nonregulatory methods to protect, enhance, and restore
shoreline ecological functions should be encouraged for residential development.
(2) Uses and Activities Prohibited Outright. (a) In-water, overwater or floating residences or accessory dwelling units, including
structures located in or on marshes, bogs, swamps, lagoons, tidelands, ecologically
sensitive areas or open water areas, are prohibited.
(b) Residential development that can be reasonably expected to require structural shore armoring during the useful life of the structure or within 100 years, whichever is greater, is prohibited.
(c) Residential development within a channel migration zone or floodway that can be
reasonably expected to require structural flood protection during the useful life of the
structure or within 100 years, whichever is greater, is prohibited.
(d) Land division and boundary line adjustments in shoreline jurisdiction are prohibited when such actions will result in lot configurations that are likely to require:
(i) Significant vegetation removal;
(ii) Structural shore armoring; (iii) Shoreline modification for erosion control;
(iv) Flood hazard protection; or
(v) Result in a net loss of shoreline ecological functions and processes at the
time of development of the subdivision and/or during the useful life of the development or within 100 years, whichever is greater.
(3) Shoreline Environment Regulations.
(a) Priority Aquatic. Residential development is prohibited.
(b) Aquatic. Residential development is prohibited.
(c) Natural. Residential development consisting of one single-family residence per
existing legal lot of record may be allowed as a conditional use. Accessory dwelling
units shall be prohibited.
(d) Conservancy. Single-family and duplex development may be allowed subject to policies and regulations of this program. All other residential development may be
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allowed as a conditional use.
(e) Shoreline Residential. Residential development is allowed subject to the policies and
regulations of this master program.
(f) High Intensity. Residential development is allowed subject to the policies and regulations of this master program.
(4) Regulations – Primary Residences and Property Subdivision.
(a) Residential use and development shall be planned, designed, located, and operated to avoid adverse impacts on shoreline processes, aquatic habitat, biological functions, water quality, aesthetics, navigation, and neighboring uses.
(b) The buffer requirements in Article VI of this program apply to residences, normal
appurtenances, and accessory dwelling units, except that docks, floats, and beach
access structures and other water-dependent and water-related structures accessory to
residential use may be permitted to encroach into the buffer in accordance with the applicable provisions of this program. Accessory structures must be sited and designed to not require shoreline armoring within 100 years.
(c) Cluster development and appropriate low impact development practices shall be
required for development sites constrained by critical areas and/or shoreline buffers.
(d) When zoning regulations allow, proposals for multi-story residential development greater than 35 feet above average grade must include an analysis of how the
structure would impact the views of surrounding residents. If the proposed residence
would block or significantly compromise the view of a substantial number of residences
on adjoining areas, the county shall limit the height to 35 feet, or require design
revisions or relocation to prevent the loss of views to neighboring properties.
(e) New multi-unit residential development, including subdivision of land into more than four parcels, shall provide public access/open space for use by development
residents and the public. The county may alter the recommended area threshold per
constitutional limits or waive this requirement if public access is infeasible due to
incompatible uses, safety, impacts to shoreline ecology or legal limitations. The county
may require alternatives to on-site physical access if on-site physical access is infeasible for the reasons noted.
(f) As per Article VI of this chapter, new or expanded subdivisions and planned unit
developments comprised of four or more lots or units shall provide public access to
publicly owned shorelines or public water bodies unless:
(i) The site is designated in a shoreline public access plan for a greater component of public access; or
(ii) The public access is demonstrated to be infeasible or inappropriate.
(g) New or amended subdivisions, except those for lot line adjustment and lot
consolidation purposes, shall provide public access as required in Article VI of this chapter.
(h) When required for multi-lot/multi-unit residential development, the amount of
public access/open space area shall be determined by site analysis per constitutional
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limits. The county may waive this requirement if public access is infeasible due to incompatible uses, risks to health or safety, impacts to shoreline ecology or legal limitations. In such cases, the county may require alternatives to on-site physical
access if on-site physical access is infeasible for the reasons noted.
(i) The type and configuration of public access required for multi-unit/multi-lot
residential development shall depend on the proposed use(s) and the following criteria:
(i) Subdivisions within shoreline jurisdiction that have views of water areas shall at a minimum provide an area from which the public can view the shoreline.
(ii) Subdivisions adjacent to public waterways or tidelands shall provide physical
access to public waters/tidelands that are accessible at low tide or low water.
(5) Regulations – Accessory Structures/Uses.
(a) Accessory dwelling units may be permitted when the primary residential use is
allowed pursuant to, and only when, other provisions of this program are met.
(b) Accessory structures and uses such as boating facilities, pedestrian beach access structures, shore armoring and shore stabilization shall be subject to the applicable provisions of Article VII of this chapter.
(c) A single water-dependent boathouse, as defined in Article II of this chapter,
accessory to single-family residential development may be allowed with a conditional
use permit and in accordance with JCC 18.25.270(5)(d)(iii) and other provisions of this
program.
(d) A shoreline substantial development permit or conditional use permit shall be
required for all accessory development that is not considered a normal appurtenance.
[Ord. 7-13 Exh. A (Art. VIII § 8)]
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PRE2022-00031
Pre-Application Conference
Conditional use permit criteria under JCC 18.25.590
(1) The purpose of a conditional use permit is to allow greater flexibility in administering the
use regulations of this program in a manner consistent with the policies of RCW 90.58.020. In
authorizing a conditional use, special conditions may be attached to the permit by the county or the Department of Ecology to control any undesirable effects of the proposed use. Final authority for conditional use permit decisions rests with the Department of Ecology.
(2) Uses specifically classified or set forth in this program as conditional uses and unlisted
uses may be authorized, provided the applicant/proponent can demonstrate all of the
following: (a) That the proposed use will be consistent with the policies of RCW 90.58.020 and
this program.
(b) That the proposed use will not interfere with normal public use of public shorelines.
(c) That the proposed use of the site and design of the project will be compatible with other permitted uses within the area.
(d) That the proposed use will not cause adverse effects to the shoreline environment
in which it is to be located.
(e) That the public interest suffers no substantial detrimental effect. (3) In the granting of all conditional use permits, consideration shall be given to the
cumulative environmental impact of additional requests for like actions in the area. For
example, if conditional use permits were granted for other developments in the area where
similar circumstances exist, the sum of the conditional uses and their impacts should also
remain consistent with the policies of RCW 90.58.020 and should not produce a significant
adverse effect to the shoreline ecological functions and processes or other users. (4) Permits and/or variances applied for or approved under county zoning or subdivision code
requirements shall not be construed as shoreline variances under this program. [Ord. 7-13
Exh. A (Art. IX § 6)]