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Home My WebLink AboutLog207 .. 1 ,..' ".- ,. ~ John F. Fischbach 1820 Jefferson Street PO Box 1220 Port Townsend, WA 98368 August 17, 2004 Re: Your letter dated August 13,2004 ~lEClEnJIE~ .,.. I JEfFERSON COUNTY J OEPT. OF COMMUNllY OEVElOPMEN Les Powers Powers & Therrien, P.S. 3502 Tieton Drive Yakima, W A 98902 Dear Mr. Powers: The County Commissioners have received and reviewed your August 13 letter. The County's response follows. Regarding items #1 and #2 of your proposed settlement, the County believes that you have good title to 44 Heron Road and could sell it without obstacles to an interested person or persons. As a result, submittal of an application for an exemption (item # 1) is unnecessary as is the County grating a formal exemption (item #2) from the applicable local Ordinance. Also your residence is part of Building 700, which did undergo planning review pursuant to the County's Shoreline Management Master Plan before its construction. By way of example, Condition #2 of the building permit for Building 700 states that the building must be constructed outside the shorelines setback, i.e., more than 30 feet from the ordinary high water mark. And that is where it was constructed. A copy of the building permit has been attached. Regarding item #3 the County has repeatedly stated that development proposals made by PLA within Ludlow Bay Village will require a SDP if the proposed activity falls within the jurisdiction of the local Shoreline Management Master Plan. For example, PLA requested a SDP for its plat alteration proposal at Ludlow Bay Village and the County will process that SDP application through normal channels. LOG ITEIV1 # ~Ol Page,_.~-L,of If-'' Phone (360)385-9100 Fax (360)385-9382 jfischbach@co.jefferson.wa.us , .~ i cf/O . , '" . Letter to Les Powers, Powers & Therrien, P.S. August 17, 2004 Page: 2 Regarding item #4, and as stated before, the County believes the zero feet setback conforms to what is depicted on the approved 1993 Ludlow Bay Village plat. That remains the County's position and we may be forced to agree to disagree on this matter. In light of your threat to begin litigation if the County's response is not satisfactory, please address all further correspondence in this regard to David Alvarez, Chief Civil Deputy Prosecuting Attorney for the County. Very truly yours, Q12 [J. 1.-.J.J-..1 John Fischbach County Administrator Cc: Board of County Commissioners Port Ludlow Village Council Mark Dorsey, Port Ludlow Associates Bert Loomis Al Scalf, Department of Community Development ~chelle Farfan, Department of Community Development David Alvarez, Deputy Prosecuting Attorney LOG ITEM # 9-.07 l.---~.'~- f, "age ~. of Lt ----.. .-. -'-'''''' '"'..~...~".---~..... ... " JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT UNIFIED DEVELOPMENT CODE TYPE I LAND USE PERMIT APPLICANT: PORT LUDLOW ASSOCIATES LLC 70 BREAKER LN PORT LUDLOW WA 98365-9766 DATE ISSUED: C)(..,~},..e y 2.5", z.e,02...- DATE EXPIRES: MLA NUMBER: MLA02-00496 PROJECT PLANNER: J SMITH PROJECT DESCRlPllON: 5 TOWN HOMES PROJECT LOCATION: Parcel number 968 600 039, Ludlow Bay Village. Lot TH-26, in Section 16, Township 28, Range 01 East, WM,located at 38 Heron Rd, Port ludlow, WA 98365 FINDINGS: 1.) The Administrator finds that this application complies with applicable provisions of the Unified Development Code, all other applicable ordinances and regulations, and is consistent with the Jefferson County Comprehensive Plan and Land Use m~p. 2.) The application was reviewed by the Jefferson County Department of Community Development staff on September 25,2002 for the potential presence of Critical Areas (CAs) under the provisions of the Jefferson County Interim Critical Areas Ordinance (JCICAO). After an initial Geographic Information Systems mapping review and an investigative site inspection, the following CAs were confirmed to be present on the subject property: Susceptible Aquifer Recharge Area; Flood Zone A; Seismic Hazard; Osprey Nest; and Type 1 Marine Shoreline Waters. 3.) Susceptible Aquifer Recharge Areas are those with geologic and hydrologic conditions that promote rapid infiltration of recharge waters to groundwater aquifers. 4.) Aquifer Recharge Areas in Jefferson County are characterized by porous geological formations that allow percolation of the surface water into the soils and the underlying zone of saturation. Aquifers are geologic formations that contain sufficient saturated permeable material to yield significant quantities of water to wells and springs. Aquifers serve as the source of drinking waterwithin most of the rural portions of Jefferson County. 5.) A Final Environmental Impact Statement was issued by Jefferson County in March 1993 for the Ludlow Bay Village Development (formerly known as THE INN AT PORT LUDLOW) A mitigation measure in the FEIS requires "The lowest floor of all buildings would be elevated one foot above the base flood elevation. Further requirements for materials and methods of construction from the County's Flood Plain Management Ordinance would also be followed." 6.) A Final Environmental Impact Statement was issued by Jefferson County in March 1993 for the Ludlow Bay Village Development (formerly known as THE INN AT PORT LUDLOW). A mitigation measure in the FEIS states, "Proposed structures would be designed, engineered and constructed in conformance with local buildin codes and current safety standards for landslide and seismic hazard protection. Further structural support or ground modification would be employed if the final geotechnical assessment identifies significant landslide and/or seismic hazard." 7.) A Final Environmental Impact Statement was issued by Jefferson County in March 1993 for the Ludlow Bay Village Development (formerly known as THE INN AT PORT LUDLOW). A mitigation measure in the FEIS states "Drainage lines would be installed behind retaining/basement walls and around building footings to prevent buildup of hydrostatic pressures and to intercept groundwater." LOG !TEM # &07 Page.3-_~_o(~~L=- ~ 8.} A Final Environmental Impact Statement was issued by Jefferson County in March 1993 for' the Port Ludlow Bay Village Development (formerly known as THE INN AT PORT LUDLOW). A mitigation measure in the FE IS states "Interpretative signs would be installed to describe important habitat features and wildlife characteristics on the site. Pamphlets and brochures would be distributed to residents and guests to increase awareness and respect for wildlife. " 9.) This approval is for 5 townhouses only. Any future permits on this site are subject to review for consistency with applicable codes and ordinances and does not preclude review and conditions which may be placed on future permits. 10.) The site plan as submitted with the building permit application on September 17, 2002 has been reviewed for consistency under the UDC, and has been approved by Jefferson County Department of Community Development. Any modifications, changes. andlor additions to the stamped, approved site plan dated October 25, 2002 shall be resubmitted for review and approval by Jefferson County Department of Community Development. 11.) The parcels were created on June 6, 1994 through the Ludlow Bay Village subdivision as recorded under AFN 372517. 12.) Access is provided via Heron Road a private road (P405). 13.) The plat was reviewed for maximum stormwater buildout in 1994. CONDITIONS: *1.) The building height shall not exceed 35 feet. 2.) Minimum setback from Heron Road right-of-way shall be 20 feet. Minimum setback from OHWM shall be 30 feet as depicted on the face of the final lat. 3. he project shall adhere to the Best Management Practices (BMPs) to control stormwater, erosion and sediment during construction. BMPs shall address permanent measures to stabilize soil exposed during construction, and in the design and operation of stormwater and drainage control systems. it NOTICE: This permit does not excuse the proponent from complying with other local, state, and federal ordinances, regulations. or statutes applicable to the proposed development. Development pursuant to this pennit shall be undertaken subject to the applicable development and performance standards of the Jefferson County Unified Development Code. If during excavation or development of the site an area of potential archaeological Significance is uncovered, all activity in the immediate area shall be halted, and the Administrator shall be notified at once. The Federal Endangered Species Act rules to protect threatened Chinook and Summer-run Chum salmon became effective on January 8, 2001. Bull trout have been listed as threatened since early 2000. Under the ESA, any person may bring lawsuit against any individual or agency that "takes" listed species (defined as causing harm, harassing. or damaging habitat for the listed spedes). In addition, the National Marine Fisheries Service can levy penalties. All areas in Jefferson County are included as "critical habitat" for a listed species. Development of property along any marine shoreline, freshwater shoreline, or Jloodplains could hann habitat if protective measures are not taken. To minimize the potential to damage habitat, all property O'Nners developing adjacent to marine shoreline, freshwater shoreline, or floodplains are advised to do the follO'Ning: - Set back buildings. utilities and roads as far as possible from surface waters (streams, rivers, lakes, marine waters), or at least 150 feet from the edge of the water - All development activities should avoid unstable slopes, wetlands, and forested areas near surface waters - Remove minimal vegetation. for site development, especially large trees - AIIO'N trees that have fallen into surface waters to remain there - Infiltrate slonnwater from buildings and driveways onsite through drywells rather than discharging directly into surface waters or roadside ditches Any individual, group, or agency can bring suit fOr a listed species "taking," even if you are in compliance with Jefferson County development codes. The risk of a lawsuit against you can be reduced by consulting with a professional fisheries habitat biologist, and follO'Ning the recommendations for site development provided by the biologist. For more information, contact the National Marine Fisheries Service in Seattle at (206)526-6613, or the U.S. Fish and Wildlife Service at (503) 231-6121. APPEALS: Pursuant t ~6.7OC, the applicant or any aggrieved party may appeal this final decision to Jefferson County Superior C uff withi" twenty-one (21) calendar days of the date of issuance of this land use decision. For more information ~ed to judical appeals see UDC Section 8.5.2. . '. ..- ~ (' 0 D~ LOG !TEM <--- - L-..... # ~ UDC dministratO~ . - 07 Pag~__.~_~_.oi=lj_=_