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Enclosure 5 "Conditional Use Permit"
to Marrowstone Island Permit
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621 Sheridan Street. Port Townsend' Washington 98368
360/379-4450' 800/831-2678 . 360/379-4451 Fax
JEFFERSON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
Conditional Use Permit
Purpose
The purpose of the conditional use permit process is to provide flexibility in the application of the use regulations contained in the
Unified Development Code (UDC) in order to accommodate uses that may be appropriate in an established district under certain
circumstances, but inappropriate in the same district under other circumstances.
The Conditional Use Application is a supplement to the Master Permit Application Form. Conditional use approval may involve either a
Type II or Type III review process under the UDC, depending on the specific type of use,
No conditional use permit can be granted unless consistency with the performance standards of Section 4, the development standards
of Section 6, the procedural requirements of Section 8.4, and the approval criteria of Section 8.8, and other applicable requirements of
the UDC have been satisfied.
Types of Conditional Uses
Conditional uses are typed and identified in Table 3-1 of the UDC, or may be classified as such by the Administrator pursuant to
Section 3,2 of the UDC. There are three broad types of conditional uses identified in the UDC,
Conditional ["C"] Use: Proposed uses that require a discretionary approval process and a public hearing before the Hearing
Examiner, Applications for uses listed as a "C" in Table 3-1 of the UDC are processed according to the procedures for Type III land use
decision established in Section 8.4 of the UDC.
Conditional Administrative ["C(a)"] Use: Proposed uses that require approval by the Administrator but do not require a public
hearing. Applications for uses listed as an administrative conditional use permit (i.e., "C(a)") in Table 3-1 of the UDC are processed
according to the procedures for Type II land use decisions established in Section 8.4 of the UDC,
Conditional Discretionary ["C(d)] Use: Proposed uses that, at a minimum, require approval by the Administrator but that, at the
discretion of the Administrator, may be referred to the Hearing Examiner for a public hearing and final decision, Applications for uses
listed as discretionary conditional use permits (i.e" "C(d)") in Table 3-1 of the UDC are, at a minimum, processed according to the
procedures for Type II land use decisions established in Section 8.4 of the UDC. However, pursuant to Section 8.8.4(b), the
Administrator may on a case-by-case basis refer a discretionary conditional use permit application to the Hearing Examiner to be
processed according to the procedures for Type III land use decisions.
In order to refer a "C(d)" application to the Hearing Examiner, the Administrator must make one of the following findings:
. In the exclusive, discretionary judgment of the Administrator, the application involves potentially significant issues relating
to location, design, configuration, and potential impacts to surrounding properties and the community that can be more
appropriately considered and addressed through a public hearing before the Jefferson County Hearing Examiner; or
. In the exclusive, discretionary judgment of the Administrator, the application seeks approval of a use involving complex
legal issues necessitating special expertise in the decision-maker.
Process
Step 1 - Pre-Application Conference: A pre-application conference is required for all conditional use permits, Conceptual plans,
county requirements, future permit requirements, etc" and answers to related questions are discussed at the conference, Information
provided by Department of Community Development staff helps the applicant to prepare a better application and potentially decreases
code-related questions and time required for formal review.
Step 2 - Determination of Completeness: Following submittal of your application, county staff will make a determination within
28 days as to whether your application is substantially complete,
Step 3 - Formal Application Review and Decision: Following the determination of completeness, a final decision must be made by
the county within 120 calendar days, The final decision may be made by either the Administrator (for all "C(a)" and certain "C(d)"
uses) or the Hearing Examiner (for all "c" and certain "C(d)" uses) depending on the type of conditional use, Public hearings before
the Hearing Examiner are required for all "C" !!.~~d!l'l't8~feqUired for certain "C(d)" uses. In all conditional use permit cases the
decision may be appealed, ./.4. .., g I t:i\f.
CONDITIONAL USE APP DOC REV 9/22/2004 p~::. .~ - Z~_ Page 1
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Approval Criteria
Your conditional use application will be evaluated on the basis of the criteria listed in the relevant section of the Jefferson Countyj
Unified Development Code (see UDC Section 8,8.5), and in some instances, inspection of the property, i
The county may approve or approve with modifications an application for a conditional use permit (i.e., uses listed in Table 3-1 as
"C(a)," "C(d)" or "C") only if all of the following criteria are satisfied:
. 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;
. The conditional use will be served by adequate infrastructure including roads, fire protection, water, wastewater
disposal, and storm water control;
. The conditional use will not be materially detrimental to uses or property in the vicinity of the subject parcel;
. 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;
. 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;
. 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;
. The conditional use complies with all other applicable criteria and standards of this Code and any other applicable
local, state or federal law; and more specifically, conforms to the standards contained in Sections 4 and 6 of this
Code;
. The proposed conditional use will not result in the siting of an incompatible use adjacent to an airport or airfield;
. The conditional use will not cause significant adverse impacts on the human or natural environments that cannot be
mitigated through conditions of approval;
. The conditional use has merit and value for the community as a whole;
. The conditional use is consistent with all relevant goals and policies of the Jefferson County Comprehensive Plan;
and
. The public interest suffers no substantial detrimental effect. Consideration shall be given to the cumulative effect of
similar actions in the area,
In instances where all of the above findings cannot be made, the application shall be denied,
The County, in accordance with section 8,8.6 of the UDC, may impose additional conditions on a particular use if it is deemed
necessary for the protection of the surrounding properties, the neighborhood, or the general welfare of the public, The county may add
conditions which:
. Increase requirements in the standards, criteria or policies established by the UDC;
. Stipulate an exact location for the conditional use on the subject property as a means of minimizing hazards to life,
limb, property damage, erosion, landslides or traffic;
. Require structural features or equipment as a means of minimizing hazards to life, limb, property damage, erosion,
landslides or traffic; or
. Contain restrictions or provisions deemed necessary to establish parity with uses permitted in the same zone with
respect to avoiding nuisance generating features in matters of noise, odors, air pollution, wastes, vibration, traffic and
physical hazards,
Approval of the conditional use is effective for three (3) years from the date of original approval. If a building permit has not been issued
within the three (3) year period, the conditional use approval will expire, Minor modifications to a previously approved conditional use
may be approved subject to the provisions of Section 8,8,9 of the UDC,
CONDITIONAL USE APP.DOC REV. 9/2212004
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This enclosure includes information to meet the requirements of Sedtion8 para 5(page'8::.;2-3~-of_:L.J
the UDC.
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Enclosure 5 (Conditional Use Criteria)
(1) 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. This project was
designed for a rural setting. All the water lines are 8 inches or less in diameter. Although fire
flows of up to 1500 gpm can be obtained at Fort Flagler, the rest of the Island will only be
capable of meeting residential level fire flows. Additionally, fire hydrants will only be
positioned at key locations worked out with the local Fire District. Every effort was made to
keep the water mains as close as possible to the roads. This was done to minimize the removal
of native vegetation. Also this project was untaken in part at the urging of the State DOE, State
DOH, State CTED and Jefferson County to reduce seawater intrusion on the Island.
(2) The conditional use will be served by adequate infrastructure including roads, fire
protection, water, wastewater disposal, and storm water control. This project will provide
public water to the Island. As stated before fire flows at residential levels can be provided,
however, that was not the over-riding goal of the project.
(3) The conditional use will not be materially detrimental to uses or property in the vicinity
of the subject parcel. The purpose of this project is to make public water available for all the
residents on the Island. Part of the initial feasibility study was an appraisal done by a MAl
experience in these matters. He found the project was clearly financially viable.
(4) 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.
Once completed, the project will be invisible to the users. During construction every effort will
be made to minimize the use of heavy equipment to complete the project (e.g., work hours,
number of crews, no work on holidays, try to complete work prior to summer).
(5) The location, size, and height of buildings, structures, walls andfences, and screening
vegetation for the conditional use will not unreasonable interfere with allowable development or
use of neighboring properties. Almost all the infrastructure will be underground and within
existing R/W.
(6) The pedestrian and vehicular traffic associateJ with the conditional use will not be
hazardous to existing and anticipate traffic in the vicinity of the subject parcel. Once
completed, almost all the infrastructure will be under ground. In fact State DOT has requested
that we fill in some of the ditch lines to make for a much shallower ditch, perhaps reducing
damage resulting from individuals driving off the road. During construction the contractor will
be required to have traffic control. We will try to minimize construction during summer months.
(7) The conditional use complies with all other applicable criteria and standards of this
Code and any other applicable local, state or federal law; and more specifically, conforms to the
standards contain in Sections -It(!)(J ~fvfode. To the best of my knowledge
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(8) The proposed conditional use will not result in the siting of an rncomp(Jlibl~u:i,~qdiqcent
to an airport or airfield. The nearest airport is in the Port Hadlock ariea.
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(9) The conditional use will not cause significant adverse impacts on the human or natural
environments that cannot be mitigated through conditions of approval. The primary purpose of
this water system is to improve both the human and natural environments on Marrowstone
Island.
(10) The conditional use has merit and value for the community as a whole. Following 'the
Jefferson County Resolution supporting a water system on the Island the PUD was petitioned
through the Local Utility District (RCW 54) process for a water system on the Island. Following
a lawsuit claiming the PUD had improperly proceed with the formation of a LUD was ruled
unfounded the PUD has proceeded based on the fact that greater than 50 percent of the Island
owners of property want the opportunity to connect to public water.
(11) The conditional use is consistent with all relevant goals and policies of the Jefferson
County Comprehensive Plan. The Jefferson County BOCC signed a resolution in favor of a
public water system to meet the directives of the GMA Western Hearing Board.
(12) The public interest suffers no substantial detrimental effect. Consideration shall be given
to the cumulative effect of similar actions in the area. The PUD is working with both the State
Park and the US Navy to acquire their water systems. The primary reason for purchase of those
two systems would be to integrate Marrowstone Island into the Quimper Water System. As to
other type utilities, because Marrowstone Island is not a UGA sewer cannot be brought to the
Island, however, improved roads, DSL, cable TV, satellite, etc, continue to appear. It is hoped
that the comprehensive plan will control and direct the vision of the county's continued build
out.
LOG ITEM
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JEFFERSON COUNTY
department of community development
621 Sheridan Street. Port Townsend' Washington 98368
360/379-4450 . 360/379-4451 Fax
Conditional Use Application
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PROJECT/APPLICANT NAME:
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The purpose of the conditional use permit process is to provide flexibility in the application of the use regulations contained in the
Unified Development Code (UDC). No conditional use permit can be granted unless consistency with the performance standards of
Section 4, the development standards of Section 6, the procedural requirements of Section 8.4, and the approval criteria of Section 8.8,
and other applicable requirements of the UDC have been satisfied. Approval of the conditional use is effective for three (3) years from
the date of original approval. If a building permit has not been issued within the three (3) year period, the conditional use approval will
expire.
The following questions will assist in the evaluation of the conditional use request:
1. Describe the requested conditional use.
2. Explain how 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 and with the physical characteristics of the subject property.
3. Describe the infrastructure including but not limited to roads, fire protection, water, wastewater disposal, and stormwater control
which will serve the requested conditional use.
4. Describe the location, size, and heioht of buildinos, structures, sionaoe, walls and fences, and screening vegetation for the use,
5. Describe any noise, smoke, dust, fumes, vibrations, odors, outdoor lights or other impacts will be generated by the conditional
use,
6, Describe the pedestrian and vehicular traffic and parkino area associated with the conditional use.
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7. Will the proposed conditional use result in the siting of an incompatible use adiacent of M airpor1; or.a.irfield? ..
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8. Are there any significant adverse impacts on the human and natural environments caused directly by the conditional use? If yes,
can these impacts be mitigated?
9. Describe how granting the conditional use will not be materially detrimental to uses or property in the vicinity of the subject
parcel.
10. Describe how granting the conditional use will not be substantially detrimental to the public interest.
11, Does the conditional use have merit and value for the community as a whole?
12, Describe how the conditional use complies with all other applicable criteria and standards of the Unified Development Code
(UDC) and any other applicable local, state or federal law; and more specifically, conforms to the standards contained in
Sections 4 and 6 of the UDC.
13. Describe how the conditional use is consistent with all relevant goals and policies of the Jefferson County Comprehensive Plan,
ACKNOWLEDGEMENT
By signing the application form, the applicant/owner attests that the information provided herein is true and correct to the best of
his/her knowledge. Any ma rial a hood or any omission of a material fact made by the applicant/owner with respect to this
applicati ket may res n thi~ pe it being null and void,
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(DATE)
[NOTE: Representative authorization is required i\:eeiqii{f6Migned by the Owner.]
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CONDITIONAL USE APPDOC REV. 9/22/2004 page _.2__0~-~-
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Enclosure 5 (Conditional Use Application) , I
The following information is to fill out the form conditional use app.doc is-present attfi~pre.,. ------_J
application meeting. Because I already addressed the 12 criteria in the prior memo these answers
are short.
1. The PUD is requesting permission to extend public water throughout Marrowstone
Island. Although in existing Rights-of-way the PUD will be within 200 feet ofthe shoreline.
This triggers a conditional use permit.
2. This project was designed for a rural setting. All the water lines are 8 inches or less in
diameter. Although fire flows of up to 1500 gpm can be obtained at Fort Flagler, the rest of the
Island will only be capable of meeting residential level fire flows. Additionally, fire hydrants
will only be positioned at key locations worked out with the local Fire District. Every effort was
made to keep the water mains as close as possible to the roads. This was done to minimize the
removal of native vegetation. Also this project was untaken in part at the urging ofthe State
DOE, State DOH, State CTED and Jefferson County to reduce seawater intrusion on the Island.
3. This project will provide public water to the Island. As stated before fire flows at
residential levels can be provided, however, that was not the over-riding goal of the project. The
infrastructure will consist of approximately 120,000 LF of 8,6,4, and 2 inch PVC C900 water
mains. Meters and other normally associated appurtenances will be in the project.
4. There will be no buildings, except for perhaps an underground vault or two for pressure
reduction stations. Within one year of completion there should be no visible sign of the water
system other than: valve markers, meters, blow-off assemblies, air-evac assemblies, and fire
hydrants.
5. There should be no impacts as a result ofthe conditional use once the project has been
completed
6. There should be no impacts on pedestrian and vehicle traffic and parking other than the
possible shallower ditch line.
7. No
8. No.
9. The installation of a public water system should increase the worth of all the property on
the Island. It will make potable water available to all the residents, and will reduce seawater
intrusion.
10. This project is supported by DOE, DOH, CTED, and Jefferson County, and the local
owners of land petitioned the PUD to construct it.
11. Yes, it will provide potable water to the residents, provide some fire protection, and
reduce sea water intrusion.
12.
System is designed IA W DOH requirements.
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13. This system is being put in partial because of a Jefferson County Resolution supporting a
public water system on Marrowstone Island.
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