HomeMy WebLinkAboutPRE2022-00020 OUTLINE NOTES 110320221
PRE2022-00020 Pre-Application Conference Robert H Palmer New Patio in Residential Shoreline Jurisdiction
Agenda:
1.Meet Virtually @ 2:00 PM2.Land Use Review3.WA Department of Ecology Review
4.Questions Debrief
5.End conference by 3:00 PM
County Attendees: Amanda Hunt & Donna Frostholm – Department of
Community Development
State Attendees: Rebecca Rothwell – WA State Department of Ecology
Applicant/Attendees: Robert H. Palmer – Property Owner
Time and Date: Wednesday, November 2nd, 2022 2:00 PM – 3:00 PM
Location: Parcel #701194010; Section 19 – Township 27N – Range 1W; S19 T27 R1W TAX
49 & TL TAX J4; 1954 East Quilcene Rd, Quilcene, WA 98376
Description of Proposal: Mr. Palmer is proposing a new concrete patio on his shoreline
adjacent property. The new patio would be replacing a demolished patio (removal in April –
May 2020) that was originally built in 1952 by the previous property owner. The proposed concrete patio (L 33.5 ft x W 26 ft) will be considered a new structure for permitting purposes because the previous patio was (a) located in a different location, (b) is proposed
to be approximately 871 square feet (original was approx. 400 square feet according
previous CAM notes), and (c) the patio was not permitted in conjunction with 2010 Single
Family Residence Building Permit Application (BLD2012-00010). The new concrete patio is
proposed to be located waterward and connected immediately adjacent to the western
stairs of the existing residence.
All project components are located in the Residential Shoreline Environmental Designation,
and are approximately 100 feet from the Ordinary High-Water Mark (“OHWM”) of Quilcene
Bay and 70 feet from the northern stream. The applicant’s goal of this Pre-Application
Conference is to discuss the permitting path for a new concrete patio 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) and Donna
Frostholm (360-379-4466):
Shoreline:
•Please note that Jefferson County is in the process of revising the Shoreline Master
Program (“SMP”) (Chapter 18.25 JCC) and the following is based on current regulations.
•The proposed new concrete patio is located in the Residential Shoreline Environmental
Designation and starts approximately 100'-0" from the Ordinary High-Water Mark(“OHWM”).
•The new concrete patio (“normal appurtenance”) is proposed to be connected
immediately adjacent to the western stairs of the existing residence. This “normal
appurtenance is an “allowed” use per “single-family (and normal appurtenances)” in the
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residential shoreline designation per JCC 18.25.220. The patio is proposed to be located waterward of a legally established non-conforming structure. Pursuant to JCC 18.25.220 and JCC 18.25.660(10)(a), the proposed location of the new concrete patio (waterward,
and 100 feet from OHWM) will require a Type III Shoreline Variance Permit and Type
III Shoreline Substantial Development Permit from the Jefferson County Department of
Community Development.
• To be granted a Shoreline Variance, the applicant must demonstrate how the project meets Washington Administrative Code (WAC) 173-27-170 and JCC 18.25.580 “variance permit criteria”. According to the site plan submitted in conjunction with the
Pre-Application Conference, the proposed patio will not meet these criteria. See
attached comments from the WA State Department of Ecology, dated October 16,
2022.
• PLEASE NOTE: If any new gravel has been placed, or new concrete has been poured, in
the shoreline buffer or critical area buffer without a permit, the impervious surface
must be removed. Approval of future permits will not be granted until new, unpermitted gravel and/or concrete has been removed from the shoreline buffer and critical area buffers.
Alternative Shoreline Permitting Path:
• All sections of the Pre-Application Conference notes outlined below are in conjunction with the proposal to apply for a Type II Shoreline Conditional (Administrative) Use Permit.
• The applicant may consider moving the proposed new patio to the north or south side
of the existing residence to be reviewed as lateral expansion/enlargement of the
residence (JCC 18.25.660(9)).
• Lateral expansion/enlargement of a structure in the shoreline buffer 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.
• A Habitat Management Plan/Planting Plan shall be prepared to demonstrate the
shoreline will not suffer an ecological loss of net functions (JCC 18.25.270(4)). The
Habitat Management Plan shall be prepared by a professional biologist.
• Final permit approval is determined by the Washington State Department of Ecology.
Land Use:
• Zoning: Rural Residential 1:5
• State Environmental Policy Act (SEPA): o The proposal is exempt from SEPA review under WAC 197-11-800(2)(e) & (f). No checklist is required.
• Stormwater review (Small Stormwater Packet) is required for the concrete patio.
The applicant shall describe and/or verify in application if existing stormwater
controls will be altered by the proposed project. o Stormwater Management is based off of the current Ecology Stormwater
Management Manual (JCC 18.30.060 and JCC 18.30.070, Current Ecology Stormwater Management Manual for Western Washington).
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• Site Development Review
o Submit Site Development Review Permit Application (“SDR”) to determine legal lot of record status before shoreline permit review.
Archaeology:
• No archeological hits were observed during review of this project (finding based on DAHP maps). 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 Fish and Wildlife Habitat Conservation
Areas (Fish Bearing Stream; fresh water serves as a primary association for listed
fish species), Wetlands, Frequently Flooded Area, Geological Hazardous Areas,
Susceptible Critical Aquifer Recharge Area (SUSC), and Coastal Saltwater Intrusion
Protection Zone (SIPZ):
o Stream: The proposed new patio is located within the 150 ft fish bearing stream buffer and 5 ft building setback. A No Net Loss Demonstration (Habitat
Management Plan/Planting Plan) is required for development proposed within
the inner 75% of the stream buffer.
o Wetlands: Pursuant to JCC 18.22.905(3), special reports are valid for 5 years.
An addendum to the previously prepared Wetland Delineation Report shall
therefore be required. Wetlands (Depressional & Estuarine) are mapped along the backyard and shoreline. The wetland report addendum would include wetland delineation field forms and wetland rating forms to determine the
location and extent of the required wetland buffer. A No Net Loss Demonstration
(Habitat Management Plan/Planting Plan) is required for development proposed
within the inner 75% of the regulated wetland buffers (e.g. 110 ft, 225 ft).
o Frequently Flooded Areas: If the proposed new patio is located within the AE Flood Zone, a Flood Development Permit shall be required. This permit includes a Base Flood Elevation Certificate and Flood Habitat Assessment.
o Geological Hazard Area: There is a Seismic Hazard Area and Shoreline Slope
Stability Area – Unstable Slope located on the subject property. A geological
review of the proposal and subject property is therefore required. A professional
geologist shall determine if a geology assessment or full geotechnical report is
required. A Notice to Title will also be prepared during application review.
o SUSC & Coastal SIPZ: No special report is required for the Susceptible Critical Aquifer Recharge Area or Coastal Saltwater Intrusion Protection Zone.
Application and Fees (for 2022):
• The complete application includes the following:
o Site Development Review Permit Application
o Permit Application
o Shoreline Supplemental Application Form (Type II Shoreline CUP)
o Stormwater Forms, - All applicable forms, including the Stormwater Calculation Worksheet
o Site Plan(s)
o Design Drawings
o Wetland Delineation Report (or Addendum)
o No Net Loss Demonstration (Habitat Management Plan/Planting Plan/Flood
Habitat Assessment)
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o Base Flood Elevation Certificate (if required)
o Geologic Hazard Assessment or Geotechnical Report
o Notice to Title
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 $25.50; Technology Fee $90.93; Total Application Fee $1,909.43. 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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Amanda Hunt
From:Bob Palmer <bobpalmermd@gmail.com>
Sent:Sunday, October 16, 2022 6:44 PM
To:Rothwell, Rebecca (ECY)
Cc:Amanda Hunt; Donna Frostholm; Jill Cooper; Carp, Lizzie (ECY)
Subject:Re: Palmer Pre-Application Conference (PRE2022-00020)
ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you
are not expecting them.
Amanda,
Appointment confirmed. Video conference format.
Bob
Sent from my iPhone
On Oct 14, 2022, at 2:18 PM, Rothwell, Rebecca (ECY) <rebs461@ecy.wa.gov> wrote:
Amanda, thank you for bringing this proposal to my attention.
Mr. Palmer, I just talked with Amanda, and she told me about the history of your parcel and the deck
that was previously there. I wanted to follow up with you before we schedule a meeting or site visit to
explain some permitting requirements under the Shoreline Management Act and Jefferson County’s
Shoreline Master Program (SMP).
Currently the required buffer is 150 feet, and the development setback is 10 feet, for a total of 160 feet.
This means that all development proposed within shoreline jurisdiction has to be set back at least 160
feet from the ordinary high water mark (which is similar to the high tide line). Your house was permitted
in 2012, when the required buffer and setback width was smaller, so the house is now situated within
the buffer that is required under the current SMP.
Even though there may have previously been a deck in this location, it is not there now, nor has it been
for many years (according to Google Earth aerial photos). Therefore, a deck within the buffer would be
considered new development. Any proposal for new development within the buffer would require a
special type of shoreline permit called a variance. In order to be eligible for a shoreline variance permit,
the proposal must meet all the criteria in Washington Administrative Code (WAC) 173‐27‐170 and the
variance criteria in the county’s SMP. The WAC criteria include the following:
(a) That the strict application of the bulk, dimensional or performance standards set forth in the
applicable master program precludes, or significantly interferes with, reasonable use of the
property;
(b) That the hardship described in (a) of this subsection is specifically related to the property,
and is the result of unique conditions such as irregular lot shape, size, or natural features and
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the application of the master program, and not, for example, from deed restrictions or the
applicant's own actions;
(c) That the design of the project is compatible with other authorized uses within the area and
with uses planned for the area under the comprehensive plan and shoreline master program
and will not cause adverse impacts to the shoreline environment;
(d) That the variance will not constitute a grant of special privilege not enjoyed by the other
properties in the area;
(e) That the variance requested is the minimum necessary to afford relief; and
(f) That the public interest will suffer no substantial detrimental effect.
The proposed deck would not meet all these criteria. For (a), you already have reasonable use of the
property with your house. For (b), the parcel doesn’t have unique conditions that are preventing
reasonable use of the property. For (d), allowing development within the buffer when there is already
reasonable use would be a grant of special privilege. For (e), the minimum necessary already exists, and
that is the house itself. For (e), the cumulative effects of shoreline development do cause a detriment to
the public interest, which is partially why the buffers and setbacks in the current SMP are 160 feet in
order to protect and preserve shoreline functions.
You are free to apply for a variance permit, but please note that both the county and Ecology must make
a decision on the permit. It is unlikely the county could approve a variance because the proposal does
not meet the variance criteria. Ecology would not be able to approve the variance request for the same
reason.
Please let me know if you have any questions.
Rebecca Rothwell, Shoreline Planner
WA Department of Ecology | cell: 360‐810‐0025
This communication is a public record and may be subject to disclosure per RCW 42.56.
‐‐‐‐‐Original Appointment‐‐‐‐‐
From: Amanda Hunt <AHunt@co.jefferson.wa.us>
Sent: Friday, October 14, 2022 12:05 PM
To: Donna Frostholm; Jill Cooper; Rothwell, Rebecca (ECY); Carp, Lizzie (ECY); Bob Palmer
Subject: Palmer Pre‐Application Conference (PRE2022‐00020)
When: Wednesday, November 2, 2022 1:30 PM‐3:00 PM (UTC‐08:00) Pacific Time (US & Canada).
Where: GTM or In Person (Pending)
Agenda: Discuss permitting path for a new patio in the Residential Shoreline Environmental Designation.
1. Meet Virtually or On‐Site @ 1:30 PM
2. WA Department of Ecology Review
3. Land Use Review
4. Questions Debrief
5. End conference by 3:00 PM
County Attendees: Amanda Hunt & Donna Frostholm – Department of Community Development
State Attendees: Rebecca Rothwell & Lizzie Carp – WA State Department of Ecology
Applicant/Attendees: Robert H. Palmer – Property Owner
Time and Date: Wednesday, November 2nd, 2022 1:30 PM – 3:00 PM
Property Location: Parcel #701194010; Section 19 – Township 27N – Range 1W; S19 T27 R1W TAX 49 &
TL TAX J4; 1954 East Quilcene Rd, Quilcene, WA 98376
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Description of Proposal: Mr. Palmer is proposing a new concrete patio on his shoreline adjacent
property. The new patio would be replacing a demolished patio (removal in April – May 2020) that was
originally built in 1952 by the previous property owner. The proposed concrete patio (L 33.5 ft x W 26 ft)
will be considered a new structure for permitting purposes because the previous patio was (a) located in
a different location, (b) is proposed to be approximately 871 square feet (original was approx. 400
square feet), and (c) the patio was not permitted in conjunction with 2010 Single Family Residence
Building Permit Application (BLD2012‐00010). The new concrete patio is proposed to be located
waterward and connected immediately adjacent to the western stairs of the existing residence.
All project components are located in the Residential Shoreline Environmental Designation, and are
approximately 100 feet from the Ordinary High‐Water Mark (“OHWM”) of Quilcene Bay and 70 feet
from the northern stream. The applicant’s goal of this Pre‐Application Conference is to discuss the
permitting path for a new concrete patio within the Shoreline Jurisdiction and Critical Area Buffers.