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HomeMy WebLinkAboutExhibit 1 - 13- Shoreline Variance Staff Report MLA22-00026MLA22-00026 / SDP22-00010 Page 1 of 14 Hall Baetz Viewpoint – Jefferson Land Trust JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street | Port Townsend, WA 98368 360-379-4450 | email: dcd@co.jefferson.wa.us www.co.jefferson.wa.us/260/Community-Development DEPARTMENT OF COMMUNITY DEVELOPMENT (DCD) STAFF REPORT TO THE JEFFERSON COUNTY HEARING EXAMINER Re: Type III Shoreline Variance ) Shoreline Substantial Development ) Permit ) PROPOSED FINDINGS ) CONCLUSIONS, AND File No.: MLA22-00026 – SDP22-00010 ) RECOMMENDATIONS ) Applicant: Jefferson Land Trust ) SUMMARY APPLICATION AND RECOMMENDATION Date of Application: Jefferson County received this application on March 8, 2022, and deemed it substantially complete on June 10, 2022 due to an incomplete application upon submittal. Proposal: TYPE III SHORELINE VARIANCE AND SUBSTANTIAL DEVELOPMENT PERMIT FOR A WATER ORIENTATED RECREATIONAL USE – The Jefferson Land Trust (“the applicant”) proposes to construct the Hall Baetz Viewpoint along 31 Fairmount Road in Port Townsend, Washington. The project site is located on the southern side of Discovery Bay. The Hall Baetz Viewpoint would serve as a public viewpoint of Discovery Bay and a natural/media interpretation area. In a larger context, the Hall Baetz Viewpoint may be designed to connect the existing Olympic Discovery Trail to a proposed trail expansion to the west. The trail expansion is not included in this Type III Shoreline Variance application. Improvements of the Hall Baetz Viewpoint include one viewing/memorial structure, one interpretive sign, one road approach, one parking lot with a capacity of eight vehicles, one vault restroom facility, and a pedestrian circulation walkway. The proposal would create approximately 9,500 square feet of new impervious surface and 33,240 square feet of land disturbing activities. All work would be conducted on a vacant, previously disturbed property. There is a Category I Estuarine Wetland, Category IV Slope Wetland, Discovery Bay, two Type “F” Streams, Frequently Flooded Area (AE Flood Zone), Geological Hazardous Areas (Seismic Hazard Area and Tsunami Hazard Area), Susceptible Critical Aquifer Recharge Area, Coastal Saltwater Intrusion Protection Zone, and a potential Archeological Resource Area located on or adjacent to the subject property. No in-water work is proposed. The applicant has submitted a State Environmental Policy Act (SEPA) Environmental Checklist (exhibit 3), Engineering Geology Assessment (exhibit 4), and associated Notice to Title (exhibit 5), Engineered Stormwater Management Plan (exhibit 6), Wetland Delineation Report (exhibit 7), Mitigation Planting/Monitoring Plan (exhibit 8), and Cultural Survey (exhibit 9) with the Type III Shoreline Variance Permit application. This proposal is subject to review and determination under SEPA (exhibit 10). Exhibit 1 MLA22-00026 / SDP22-00010 Page 2 of 14 Hall Baetz Viewpoint – Jefferson Land Trust Background Summary: The property was used as a pasture from at least 1939 until sometime in the 1950s, when a residence and small outbuildings were built. That residence was removed and a new home and outbuildings were built on the site in the 1970s. The residential structures were removed in 2010. An access driveway from Fairmount Road still remains onsite today, but will be removed and landscaped as part of the overall project. The Snow Creek Estuary Restoration project (MLA2013-00088) occurred in 2015. The project entailed removing the former railroad grade across the upper estuary of the bay and removal of accumulated sediment in the wetlands, in order to open up tidal flow path restrictions associated with the old rail grade in the estuary. The sediment was then placed on the subject site as fill. Legal Description & Project Location: Parcels 902243033 & 902243020; Section 24 - Township 29N - Range 2W; S24 T29 R2W TAX 64 SUBJ/REST COVT #521386 & S24 T29 R2W TAX 52 SUBJ/REST COVT #521386; 31 Fairmount Rd, Port Townsend, WA 98368 Recommendation: Approval with conditions. BACKGROUND INFORMATION Applicants/Owner: Jefferson Land Trust 1033 Lawrence St. Port Townsend, WA 98368 Attn: Richard Tucker (360-379-9501 – rtucker@saveland.org) MLA22-00026 / SDP22-00010 Page 3 of 14 Hall Baetz Viewpoint – Jefferson Land Trust Site Conditions: The proposed project will be located on two parcels that are owned by the Jefferson Land Trust (902243033 – 1.28 acres and 902243020 – 0.68 acres for approximately 2 acres). These parcels are undeveloped land located in a Rural Residential – One Dwelling Unit per 5 Acres (RR 1:5) zoning area. Fairmount Road borders the east side of the project location and a third parcel owned by the Land Trust (902243044 – 2.89 acres) borders the west side. The topography of the site is highest on the eastern and southern sides, along State Route (SR) 20. There is a dirt parking area off Fairmount Road near the intersection of Fairmount and SR 20. From there the land slopes gently down to a plateau, where there was historically a single-family-home on fill. From the old homesite, the land continues to slope to the west at a 10-15% grade, down to what appears to be a manmade pond and unnamed stream, which converge with a channel of Snow Creek that runs into south Discovery Bay. The project area is composed mainly of non-native pasture grass species intermixed with young native perennial shrub and tree species that have been installed by the Jefferson Land Trust as habitat restoration. Shoreline Designation: Pursuant to Shoreline Master Program (SMP) mapping, the parcels are designated Natural and Conservancy above the Ordinary High Water Mark (OHWM), and Priority Aquatic designation below OHWM. The purpose of the Natural designation (see green shading in map above) is to protect from harm or adverse impact shoreline areas that are intact, have minimally degraded functions and processes, or are relatively free of human influence. The natural designation is assigned to shoreline areas landward of the OHWM if any of the following characteristics apply: MLA22-00026 / SDP22-00010 Page 4 of 14 Hall Baetz Viewpoint – Jefferson Land Trust (A) The shoreline is mostly ecologically intact and therefore currently performing an important or irreplaceable function or process that would be damaged by human activity; or (B) The shoreline, whether minimally disturbed or intact, represents an ecosystem type or geologic feature that is of particular scientific and/or educational interest; or (C) The shoreline contains undisturbed wetlands, estuaries, feeder bluffs, unstable slopes, coastal dunes, and/or accretional spits; or (D) The shoreline is unable to support new development or uses without significant adverse impacts to ecological functions or processes; or (E) The shoreline has the potential to regain natural conditions with minimal or no restoration activity; or (F) The shoreline possesses serious development limitations or human health and safety risks due to the presence of environmental hazards related to flooding, channel migration, erosion or landslides and similar occurrences. The purpose of the Conservancy designation (see purple shading in map above) is to provide for sustained use of resource lands and other relatively undeveloped shorelines while protecting ecological functions, conserving natural, historic and cultural resources, and providing recreational opportunities. A conservancy designation is assigned to shoreline areas landward of the OHWM if they do not meet the criteria for the natural designation and if any of the following characteristics apply: (A) The shoreline is relatively undeveloped or currently supporting resource-based uses; or (B) The shoreline can support low impact outdoor recreational activities; or (C) The shoreline is predominantly low density rural residential use (RR 1:10, RR 1:20); or (D) The shoreline can support low density residential development and low intensity water-oriented uses, including some commercial and industrial uses, without significant adverse impacts to shoreline functions or processes; or (E) The shoreline is a good candidate for ecological restoration. The purpose of the Priority Aquatic designation (see yellow shaded area in map above) Priority Aquatic (PA). (i) Purpose. The priority aquatic designation protects to the highest degree possible and, where feasible, restores waters and their underlying bedlands deemed vital for salmon and shellfish. (ii) Designation Criteria. The priority aquatic designation is assigned to the most vital salmon streams and nearshore areas and the highest value marine shellfish habitats waterward of the OHWM. These shorelines have one or more of the following qualities: (A) Documented Endangered Species Act-listed salmonid streams and marine habitats (summer chum, chinook, and steelhead); (B) Estuaries that support Endangered Species Act-listed salmonid rearing; (C) Other freshwater shorelines that provide habitat for salmonid species (coho, fall chum, pink, and cutthroat) and are relatively undeveloped; (D) Intact drift cell processes (i.e., sediment source, transport, and deposition); (E) Documented forage fish spawning habitats (herring, surf smelt, sandlance); and/or (F) Important intertidal and subtidal shellfish areas (clam, oyster, crab, shrimp, and geoduck). is to protect, manage, and, where feasible, restore lakes, streams, and marine waters and their underlying bedlands that are not designated as priority aquatic. (The underlined text above is underlined for emphasis.) Staff Comment: Because of the unusual orientation of each of the designations on the map above, the mapping has be found to be error on occasion and not accurate in some cases, and the project site has been significantly modified since the mapping was completed prior to 2014—as well as not accurately reflecting the scale of the historic pattern of residential development—Staff considers the entire project MLA22-00026 / SDP22-00010 Page 5 of 14 Hall Baetz Viewpoint – Jefferson Land Trust site as more appropriate to the Conservancy designation and would recommend that area be mapped as Conservancy when the maps are updated at the next available opportunity. Photo showing the site and slope modified by fill from Salmon Enhancement Project (page 10 of Planting Plan – exhibit 8) Comprehensive Plan Designation: The Jefferson County Comprehensive Plan (adopted August 28, 1998) designates the subject parcels Rural Residential (RR) 1:5. State Environmental Policy Act (SEPA) Review: A Mitigated Determination of Non-significance (MDNS) was issued by Jefferson County on January 23, 2023 (exhibit 10). Notice of Application ▪ Notice of Application mailed to adjacent property owners and agencies: August 10, 2022 (exhibit 11) ▪ Posting of Notice on-site by Proponent: August 11, 2022 (exhibit 12) ▪ Publication of Legal Notices: August 10, 2022 (Port Townsend & Jefferson County Leader – (exhibit 13) ▪ Comment period was open for 30 calendar days (per JCC 18.40.220) through September 9, 2022 Comments: The Notice of application was sent to adjacent property owners within 300 feet of the subject parcel (exhibit 14). Staff requested review and comments on the application from the following agencies: ▪ WA Department of Ecology ▪ Jefferson County Environmental Health ▪ Port Gamble S’Klallam Tribe ▪ Jamestown S’Klallam Tribe MLA22-00026 / SDP22-00010 Page 6 of 14 Hall Baetz Viewpoint – Jefferson Land Trust ▪ Port Townsend & Jefferson County Leader ▪ Jefferson County Assessor ▪ Jefferson County Fire District #2 ▪ Skokomish Tribe ▪ Suquamish Tribe ▪ Point No Point Treaty Council ▪ Jefferson County Public Works Jefferson County DCD received one (1) public comment from adjacent property owner Chris Calero requesting additional information on the project. Other comments included the Editor of the Leader newspaper, also requesting review of the case file; the Public Works Department regarding a required Road Approach Permit and that the proposed increase in traffic seemed reasonable based upon the low volume of traffic on Fairmount Road; the Jamestown S’Klallam Tribe regarding a prior cultural resource assessment and with a request for the use of an inadvertent discovery plan for all project ground disturbing activities due to the proximity of a recorded historic S’Klallam village location, sq̕ʷaʔqʷéʔəɬ, and for notification prior to the planned ground disturbance; the Department of Ecology regarding meeting the variance criteria and shoreline designation regulations, suggesting the use of a split-rail fence and signage to protect the slope—which was incorporated into the MDNS as mitigation measures, as well as other requirements that are listed as conditions of approval. All comments are found in (exhibit 15). Notice of Public Hearing (exhibit 16): ▪ Notice of Public Hearing mailed to adjacent property owners and parties of record: February 8, 2023 ▪ Posting of Notice on-site by Staff: February 8, 2023 ▪ Publication of Legal Notices: February 8, 2023 (Port Townsend & Jefferson County Leader) REVIEW CRITERIA State and Local Approvals and Permits Required: ▪ Jefferson County Department of Community Development (DCD): Shoreline Variance ▪ Department of Ecology: Final Authority on Shoreline Variance Approval Applicable Ordinances and Plans: ▪ Shoreline Master Program for Jefferson County, effective February 21, 2014; ▪ Jefferson County Comprehensive Plan, adopted August 28, 1998, as amended; and ▪ Jefferson County Code (JCC), JCC Title 18, Unified Development Code (UDC), adopted December 18, 2000 and effective January 16, 2001, as amended. STAFF FINDINGS The following presents staff findings regarding consistency of the application with the Jefferson County Comprehensive Plan (Comp Plan) and the Jefferson County Code (JCC). Based on the findings presented below, recommended staff conditions are included at the end of this staff report. 1. Jefferson County Comprehensive Plan. The proposal is subject to all applicable sections of the Jefferson County Comp Plan. Goals and policies of the Shoreline section of the Comp Plan are incorporated by reference from the Shoreline Master Program, JCC 18.25. The following Comp Plan goals are applicable to the subject application for new water-oriented recreational facility: Jefferson County Code (JCC) 18.25.160 Recreation. (1) Purpose. As required by RCW 90.58.100(2)(c), the recreation goals address the creation and expansion of water-oriented public MLA22-00026 / SDP22-00010 Page 7 of 14 Hall Baetz Viewpoint – Jefferson Land Trust recreational opportunities including, but not limited to, parks, tidelands, beaches, and ecological study areas. (2) Goals. (a) Encourage diverse recreational opportunities in shoreline areas that can support such use and development without human health, safety, and/or security risks, and without adverse effects on shoreline functions, processes, values, private property rights, and/or neighboring uses. (b) Plan for future shoreline recreation needs and acquire (i.e., through purchase, donation or other agreement) shoreline areas that have a high potential to provide recreation areas. (c) Provide for both active and passive recreational needs when developing recreational areas. (d) Support other governmental and nongovernmental efforts to acquire and develop additional shoreline properties for public recreational uses. [Ord. 7-13 Exh. A (Art. III § 5)] The proposal is consistent with these goals. 2. Jefferson County Code (JCC): The proposal is subject to the following applicable sections of the Jefferson County Code: JCC 18.25.100 Definitions. The proposed use is defined as a “water-enjoyment” and “water-oriented” use under the JCC Shoreline Master Program (SMP). (23) W Definitions (d) **“Water-enjoyment use” means a recreational use or other use that facilitates public access to the shoreline as a primary characteristic of the use; or a use that provides for recreational use or aesthetic enjoyment of the shoreline for a substantial number of people as a general characteristic of the use and which through location, design, and operation ensures the public’s ability to enjoy the physical and aesthetic qualities of the shoreline. In order to qualify as a water-enjoyment use, the use must be open to the general public and the shoreline-oriented space within the project must be devoted to the specific aspects of the use that fosters shoreline enjoyment. A restaurant or similar use may qualify as a water-enjoyment use, provided it includes public access to the shoreline. (e) “Water-oriented use” means any one or a combination of water-dependent, water-related or water- enjoyment uses and serves as an all-encompassing definition for priority uses under the Act. JCC 18.25.220 Uses allowed in each shoreline environment designation. Under Table 18.25.220, Parking Accessory to a permitted use, and a “water-oriented” use is allowed in the Conservancy Shoreline Designation with a Substantial Development Permit (SDP): Table 18.25.220 – Permitted, Conditional and Prohibited Uses by Shoreline Environment Designation P = Use may be permitted subject to policies and regulations of program. May require shoreline substantial development permit or statement of exemption approval. See Articles VI, VII, VIII, IX and/or X of this chapter for details. C(a) = Conditional use administrative. See Articles II, IX and X of this chapter for definition, criteria and process details. C(d) = Conditional use discretionary. See Articles II, IX and X of this chapter for definition, criteria and process details. X = Prohibited use. * = Exceptions and limitations may apply as noted in this program. See specific section for details. Shoreline Uses Environment Designations Waterward of OHWM Landward of OHWM Priority Aquatic Aquatic Natural Conservancy Shoreline Residential High Intensity Parking: Accessory to permitted use X X X* P/C(d) P/C(d) P/C(d) Primary use X X X X X X Recreation: Water-oriented P* P* P* P* P P Non-water-oriented X X X X C(d) X Underwater parks C(a) C(a) N/A N/A N/A N/A MLA22-00026 / SDP22-00010 Page 8 of 14 Hall Baetz Viewpoint – Jefferson Land Trust JCC 18.25.250 Use Preference. To ensure that statewide interests are protected over local interests, the county shall review all development proposals within shorelines of statewide significance for consistency with RCW 90.58.030, this program, and the following, which are not listed in priority order: (11) Public and private development shall be encouraged to provide trails, viewpoints, water access points and water-related recreation opportunities where conditions are appropriate for such uses. [Ord. 7-13 Exh. A (Art. V § 3)] JCC 18.25.270 Critical areas, shoreline buffers, and ecological protection. (2) Regulations – No Net Loss and Mitigation (a) All shoreline use and development, including preferred uses and uses that are exempt from permit requirements, shall be located, designed, constructed, conducted, and maintained in a manner that maintains shoreline ecological processes and functions. The applicant has submitted a Mitigation and Planting Plan (exhibit 8) to ensure no net loss and this code section is met. (4) Regulations – Critical Areas and Shoreline Buffers. This section requires a standard buffer of 150 feet plus a 10 foot building setback. (4)(j) states, “Proposals that request a decrease in the standard shoreline buffer of this program shall not require a shoreline variance if all of the approval criteria in JCC 18.22.640(1) and (2) are met. All other shoreline buffer reduction or shoreline buffer averaging proposals shall require a shoreline variance.” A buffer reduction of 25% under (4)(j) is insufficient to include the required use elements and siting requirements. Thus, the request for a variance. JCC 18.25.320 Water quality and quantity. (2) Regulations (a) All shoreline uses and activities shall use effective erosion control methods during both project construction and operation. At a minimum, effective erosion control methods shall require compliance with the current edition of the Department of Ecology’s Stormwater Management Manual, NPDES General Permit requirements, and the stormwater management provisions of JCC 18.30.070. The applicant has submitted a preliminary stormwater plan (exhibit 6) which shall be reviewed and approved by the Public Works Department as part of the applicant’s building permit and stormwater plan submittal. Obtaining an NPDES General Stormwater Permit from Ecology shall be the responsibility of the applicant and a condition of Variance approval. JCC 18.25.490 Recreation. (1) Policies. Staff comments are underlined. (a) Public recreation on public lands is a preferred use of the shoreline. Recreational uses and developments that facilitate the public’s ability to reach, touch, and enjoy the water’s edge, to travel on the waters of the state, and to view the water and the shoreline are preferred. Where appropriate, such facilities should be dispersed along the shoreline in a manner that supports more frequent recreational access and aesthetic enjoyment of the shoreline for a substantial number of people. (b) Jefferson County should develop a comprehensive shoreline public access plan in collaboration with federal, state, and local organizations whose missions include facilitating public access and recreation opportunities. (c) Recreational use and development should facilitate appropriate use of shoreline resources while also conserving them. (d) Linkages between shoreline parks, recreation areas and public access points with linear systems (e.g., water trails, hiking paths, bicycle paths, easements and/or scenic drives) should be provided where feasible. (e) Recreation facilities should incorporate adequate orientation information and public education regarding shoreline ecological functions and processes, the effect of human actions on the environment and the importance of public involvement in shoreline management. Opportunities to incorporate educational and interpretive information should be pursued in design and operation of recreation facilities and other amenities such as nature trails. MLA22-00026 / SDP22-00010 Page 9 of 14 Hall Baetz Viewpoint – Jefferson Land Trust (f) Recreational use and development should be supported by adequate utility and road facilities, or located where such facilities may be provided without significant damage to shore features commensurate with the number and concentration of anticipated users. (g) The county should encourage the use of street ends and publicly owned lands for shoreline public access to and development of recreational opportunities. (h) Recreation use and development should be located and designed in a manner that is compatible with the surrounding properties. (i) Recreational developments are encouraged to use low impact development techniques including but not limited to pervious pavements, to minimize effects associated with stormwater runoff. The proposal is consistent with, and compliant with these policies. Although the access apron will be paved for safety reasons due to grade and turning radius, the parking area will be gravel and more pervious that pavement. (2) Shoreline Environment Regulations. Staff comments are underlined (d) Conservancy. Non-water-oriented recreation is prohibited. Low intensity water-oriented recreational use and development is allowed subject to policies and regulations of this program and the following criteria: (i) Structures on sites of one acre or less shall not result in more than five percent building coverage, and total impervious surface shall not exceed 10 percent. N/A (ii) Structures on sites greater than one acre will not result in more than 10 percent building coverage, and total impervious surface will not exceed 20 percent. The site is approximately 2 acres. The structure is less than 1% of the total site, and impervious surface is 11% of total site. (iii) Alteration of topography shall be limited to the minimum necessary to accommodate allowed use and development. The proposal is compliant with this requirement. Parking has been reduced from 10 spaces to 8 as a result. (iv) Recreational use and development will not result in visitor patterns that degrade shoreline ecological functions. This requirement resulted in the SEPA mitigation measures for a split rail fence and signage advising visitors of the sensitive nature slope and to please stay behind the fence. (3) Regulations. Staff comments are underlined. (a) Water-oriented recreational use/development is a preferred use of the shoreline and shall be allowed when the proponent demonstrates that it will not result in a net loss of shoreline ecological functions or processes or have significant adverse impact on other shoreline uses, resources and/or values such as navigation and public access. The applicant has submitted a Mitigation and Planting Plan to achieve not net loss. (b) Recreation areas or facilities on the shoreline shall provide physical or visual public access consistent with JCC 18.25.290 (Public access). Consistent. (c) Underwater parks may be permitted when properly sited and associated with adequate access, restroom facilities and parking. Underwater parks should be located adjacent to existing parks where feasible. N/A. (d) Non-water-oriented recreational facilities with playing fields or with extensive impervious surfaces are not preferred, and if permitted shall incorporate best management practices (BMPs) to prevent erosion, control the amount of runoff and prevent harmful concentrations of chemicals and sediment from entering water bodies. N/A. (e) New recreational use/development shall be located landward of the shoreline buffers required by this program except that components of the recreational use or development that are water-dependent or water-related may be allowed within the shoreline buffer. The variance is requested from this requirement. (f) Signs indicating the public’s right to access shoreline areas shall be installed and maintained in conspicuous locations at recreational facility points of access and entrances. Condition of approval. MLA22-00026 / SDP22-00010 Page 10 of 14 Hall Baetz Viewpoint – Jefferson Land Trust (g) When a public recreation site abuts private property/tidelands, signs and other similar markers shall also indicate geographic limits of public access to minimize conflicts with adjacent use/development. Consistent. (h) Where appropriate, recreational development proposals shall include provisions for nonmotorized access to the shoreline (e.g., pedestrian, water access and bicycle paths). N/A. (i) Proposals for recreational use and development that involve any clearing, grading or impervious surface shall include a landscape plan that uses species approved by the county. Native, self-sustaining vegetation shall be used as often as possible. The removal of on-site native vegetation shall be limited to the minimum necessary for the development of campsites, selected viewpoints or other permitted structures or facilities and shall be subject to JCC 18.25.310 (Vegetation conservation). Consistent with mitigation and planting plan. (j) Proposals for recreational development shall include adequate facilities for water supply, sewage and garbage disposal, and recycling commensurate with the intensity of the proposed use. Remotely located sites shall encourage visitors to implement best management practices (BMPs) such as the tread lightly and leave no trace principles of low impact recreation. Condition of approval. (k) Recreational use and development shall incorporate appropriate mitigation to minimize light and noise impacts on adjoining land uses. Such measures shall include, but not be limited to, fencing, screening, and related measures. [Ord. 7-13 Exh. A (Art. VIII § 7)] Tree plantings are proposed as a condition of approval along the entrance to the site to screen and block the site from the neighbors on Fairmount Road. JCC 18.25.520 Transportation. (5) Regulations – Parking. Staff comments are underlined. (a) Parking shall only be permitted in shoreline jurisdiction when necessary to support an authorized use where it can be demonstrated that there are no feasible alternative locations away from the shoreline. Parking facilities shall be buffered from the water’s edge and less intense adjacent land uses by vegetation, undeveloped space, or structures developed for the authorized primary use to the maximum practicable extent. Parking is provided on-site since the Public Works Department cannot authorize parking on the right-of-way of Fairmount Road. (b) Parking areas shall be developed using low impact development techniques whenever possible including but not limited to the use of permeable surfacing materials. As stated above, with the exception of the paved access apron, the parking area will be pervious gravel. (c) Parking facilities shall be designed and located to minimize adverse impacts upon abutting properties. Landscaping shall consist of county-approved vegetation species planted prior to completion of the parking area. Landscape plantings shall be selected, planted and maintained to provide effective screening within three years of project completion and through maturity of the species. Condition of approval. (d) Parking facilities serving individual buildings shall be located landward of the principal building being served, except when the parking facility is located within or beneath the structure and is adequately screened, or in cases when an alternate location would have less environmental impact on the shoreline. Consistent. (e) Parking facilities for shoreline uses shall be designed to provide safe and convenient pedestrian circulation within the parking area and to the shorelines. Consistent. (f) Parking facilities shall be provided with facilities adequate to prevent surface water runoff from contaminating water bodies, using best available technologies. A parking facility maintenance program shall be required to assure the proper functioning of drainage facilities over time. [Ord. 7-13 Exh. A (Art. VIII § 10)] A stormwater plan has been prepared in conjunction with the parking area to treat stormwater runoff (exhibit 6) MLA22-00026 / SDP22-00010 Page 11 of 14 Hall Baetz Viewpoint – Jefferson Land Trust JCC 18.25.540 Substantial development permit criteria. To be authorized, all uses and developments shall be planned and carried out in a manner that is consistent with this program and the policy of the Act as required by RCW 90.58.140(1), regardless of whether a shoreline permit, statement of exemption, shoreline variance, or shoreline conditional use permit is required. [Ord. 7-13 Exh. A (Art. IX § 1)] Under JCC 18.25.620 Permit application review (2), applications for substantial development permits and variance permits shall be processed as Type III decisions pursuant to the Chapter 18.40 JCC. The duly noticed and held public hearing satisfies this requirement. JCC 18.25.580 Variance Permit Criteria. Uses specifically classified or set forth in this program as variances may be authorized, provided the applicant/proponent can demonstrate all of the following: (1) The purpose of a variance is to grant relief to specific bulk or dimensional requirements set forth in this program where there are extraordinary or unique circumstances relating to the property such that the strict implementation of this program would impose unnecessary hardships on the applicant/proponent or thwart the policies set forth in RCW 90.58.020. Use restrictions may not be varied. In authorizing a variance, 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 variance permit decisions shall be granted by the Department of Ecology. (2) Variances will be granted in any circumstance where denial would result in a thwarting of the policy enumerated in RCW 90.58.020. In all instances, extraordinary circumstances shall be shown and the public interest shall suffer no substantial detrimental effect. (3) Variances may be authorized, provided the applicant/proponent can demonstrate all of the following: (a) That the strict application of the bulk or dimensional criteria set forth in this program precludes or significantly interferes with a reasonable permitted use of the property; As stated under JCC 18.25.580(1), the strict application of the bulk and dimensional standards, specifically the application of the standard shoreline buffer and building setback would thwart the policies enumerated in RCW 90.58.020, specifically: (1) Recognize and protect the statewide interest over the local interest. (2) Preserve the natural character of the shoreline (3) Result in long term over short term benefit; (4) Protect the resources and ecology of the shoreline; (5) Increase public access to publicly owned areas of the shorelines; and (6) Increase recreational opportunities for the public in the shoreline; The proposal supports each one of the policies listed above. It will increase the public access and recreational opportunities of the public to enjoy the shorelines of the State by providing a place to go, park and view those shorelines. The proposal, as part of the Olympic Discovery Trail, is of statewide over strictly local interest, and as such, has a long term over short term benefit. It will also provide an educational benefit to the public by providing an example of preservation of the natural character and resources of the shoreline by touting the restoration of the site and adjacent sensitive areas and estuary. Requiring the site elements to meet the standard shoreline buffer would significantly impinge on the ability to promote, and therefore, thwart the policies under RCW 90.58.020. (b) That the hardship described above is specifically related to the property, and is the result of conditions such as irregular lot shape, size, or natural features and the application of this program, and not, for MLA22-00026 / SDP22-00010 Page 12 of 14 Hall Baetz Viewpoint – Jefferson Land Trust example, from deed restrictions or the applicant’s proponent’s own actions; Due to the confluence of the Highway 20 and Fairmount Road and the location of the site immediately adjacent to the shoreline ordinary high water mark (OHWM), the site in highly constrained for any type of development, especially residential, as the R5 zone primary use. Though the property owners did not cause these constraints, they would like to take advantage of the best location for the viewpoint structure, which happens to be within approximately 100 feet of the OHWM. (c) That the design of the project will be compatible with other permitted activities in the area and will not cause adverse effects on adjacent properties or the shoreline environment; The proposed design is the minimum necessary to achieve the desired outcome and is comparable to other types of similar uses, such as road side viewpoint pull-offs throughout the country, yet provides a safe place to park and view the Bay. There will be no conflict between the proposed use that those existing in the area. Tree planting to add additional screen of the site from adjacent properties will be a condition of approval as a buffer between uses. No adverse effects to adjacent properties are anticipated. (d) That the variance authorized does not constitute a grant of special privilege not enjoyed by the other properties in the area, and will be the minimum necessary to afford relief; The site is the only recreational public access point on east side of Discovery Bay. Other properties in the area on the shoreline are private residential, and afforded a process to expand their use of property through a conditional use permit process, and therefore, granting a variance to the proposal would not be granting a special privilege not enjoyed by other properties in the area. The proposed is the minimum necessary to provide a safe and advantageous viewpoint of the Bay, the restoration area, and potentially the Olympic Discovery Trail. (e) That the public interest will suffer no substantial detrimental effect; As discussed in (a) through (d), the public interest will not suffer any substantial detrimental effect, and any environmental impacts will be mitigated through the Mitigation and Planting Plan (exhibit 8). The public interest and the policies of the Shoreline Management Act will be served by the project by providing a safe, and enjoyable educational experience through access to the shoreline, currently not available. (f) That the public rights of navigation and use of the shorelines will not be materially interfered with by the granting of the variance; and The public rights of navigation are not application to this proposal. The access to and use of the shoreline will actually be enhanced by the proposal, not interfered with. (g) Mitigation is provided to offset unavoidable adverse impacts caused by the proposed development or use. The applicant has submitted a Mitigation and Planting Plan (Exhibit 8) to offset the minor impacts from the redevelopment, and will be required to implement the plan as a condition of approval. SEPA mitigation measures (exhibit 8) will also be require to offset some of the potential impacts from visitors to the site. (4) In the granting of all variances, consideration shall be given to the cumulative environmental impact of additional requests for like actions in the area. For example, if variances were granted to other MLA22-00026 / SDP22-00010 Page 13 of 14 Hall Baetz Viewpoint – Jefferson Land Trust developments in the area where similar circumstances exist, the total of the variances should also remain consistent with the policies of RCW 90.58.020 and should not produce significant adverse effects to the shoreline ecological functions and processes or other users. No other like actions are anticipated or are likely in this area, due to the sensitive environmental constrains, funding, and the existence of the proposal as already serving this specific need, should it be approved. If a like action were to be proposed, cumulative impact would be more of an issue, and elevate the need to justify of the use or action, during the pre-application, variance or permit review process. (5) Other factors that may be considered in the review of variance requests include the conservation of valuable natural resources and the protection of views from nearby roads, surrounding properties and public areas. In addition, variance requests based on the applicant’s/proponent’s desire to enhance the view from the subject development may be granted where there are no likely detrimental effects to existing or future users, other features or shoreline ecological functions and/or processes, and where reasonable alternatives of equal or greater consistency with this program are not available. In platted residential areas, variances shall not be granted that allow a greater height or lesser shore setback than what is typical for the immediate block or area. The proposal is consistent with this section, and is not within a platted residential area. (6) Permits and/or variances applied for or approved under other county codes shall not be construed as shoreline permits under this program. [Ord. 7-13 Exh. A (Art. IX § 5)] STAFF RECOMMENDAT ION Staff recommends approval of the Type III Shoreline Variance and Substantial Development Permit (SDP) for a viewpoint recreational facility on Discovery Bay, Jefferson County, WA. RECOMMENDED CONDITIONS OF APPROVAL 1. The applicant shall obtain the necessary Site Development Review (SDR) and/or building permits from Jefferson County DCD for the structural and stormwater (stormwater to be review by Public Works) components of the project, and ensure that stormwater BMPs are in place before any land disturbing activities commence. 2. The applicant shall obtain a Road Approach Permit from the Public Works Department. 3. The applicant shall implement the SEPA migration measures listed in the final MDNS. 4. The applicant shall fully implement the Mitigation and Planting Plan prepared by Marine Surveys & Assessments date January 27, 2022. Inspection of the Plan’s implementation will be required prior to permit final sign-off. 5. The applicant shall comply with the Jefferson County Inadvertent Discovery Plan. All contractors and personnel shall be familiar with the inadvertent discovery plan as attached to this permit. If any possible historic, archaeological and/or cultural artifacts are inadvertently discovered, the applicant shall immediately stop all work on the project and shall notify the Washington Department of Archaeology and Historic Preservation, Jefferson County Department of Community Development, and affected tribes. A full copy of the plan will be provided to the applicant upon issuance of any development permits. 6. The applicant shall notify the Jamestown S’Klallam Tribe before any land disturbing activity. 7. The applicant shall install signs indicating the public’s right to access shoreline areas, and shall be installed and maintained in conspicuous locations at recreational facility points of access and MLA22-00026 / SDP22-00010 Page 14 of 14 Hall Baetz Viewpoint – Jefferson Land Trust entrances 8. The applicant shall install adequate facilities for water supply, sewage and garbage disposal, and recycling. These facilities shall be maintained on a regular basis. 9. The site plan as revised and submitted on January 13, 2023 with the Type III Shoreline Variance has been reviewed for consistency under the UDC, and has been approved by Jefferson County DCD. Any modifications, changes, and/or additions to the stamped, approved site plan dated February 7, 2023 shall be resubmitted for review and approval by Jefferson County DCD. 10. A parking landscaping plan shall be submitted with the development permit applications. Parking facilities shall be designed and located to minimize adverse impacts upon abutting properties. Landscaping shall consist of county-approved vegetation species planted prior to completion of the parking area. Landscape plantings shall be selected, planted and maintained to provide effective screening within three years of project completion and through maturity of the species. 11. This is a shoreline variance approval for a water-oriented recreational use within the shoreline buffer. 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. 12. The applicant shall obtain all necessary State, and if necessary, U. S. Army Corps approvals. 13. Final authority for variance permit decisions rests with the Department of Ecology (JCC 18.25.580(1)). Prepared by Associate Planner David Wayne Johnson, February 7, 2023.