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HomeMy WebLinkAbout001 Staff Report MLA22-00065/FPA22-00001 Page 1 of 17 Southard Moratorium Release JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO THE HEARING EXAMINER Re: Type III Full Release of Six-Year Development ) PROPOSED FINDINGS, Moratorium ) CONCLUSIONS, AND ) RECOMMENDATIONS File No.: MLA22-00065 / FPA2022-00001 ) Applicant: Charles and Heather Southard ) SUMMARY APPLICATION AND RECOMMENDATION Date of Application: The application was received on July 25, 2022, and was found substantially complete on August 22, 2022. Application: Type III full release of six-year development moratorium and a stormwater management permit with State Environmental Policy Act (SEPA) review. Background Summary: Full release from a six-year development moratorium with stormwater management permit and SEPA review. The applicant requests a full release from the mandatory six-year development moratorium placed on the property after the previous owner obtained Forest Practices Application (FPA) 2615192 timber harvest approval from the Department of Natural Resources (DNR). Cedarland Forest Resources LLC harvested nine acres of the 10.3-acre property with a Class II FPA, approved by DNR on December 27, 2017. Per Jefferson County Code (JCC) 18.20.160(5)(b), and consistent with state law, a mandatory six-year development moratorium was placed on the property, set to expire December 27, 2023. Applicants Charles and Heather Southard, bought the property on April 4, 2018, unaware of the development moratorium. The applicants are applying for a Type III Full Moratorium Release to build a single-family residence with associated residential development, and to plant six to seven acres of native plants and viable timber. The 10.3-acre site consists of nine acres of harvested area, less than an acre of unharvested forest, and forestry roads. The mapped and confirmed critical areas on the property are a Critical Aquifer Recharge Area and a Seismic Hazard Area. The Critical Aquifer Recharge Designation does not require special reports for this site. The Seismic Hazard Area is addressed in a Geotechnical Engineering Report prepared by GeoTest Services, Inc. on July 8, 2022. The applicants also submitted an engineered stormwater plan by Weinberg Engineering LLC. Project Location: Parcel number 001334021; S33 T30N R1W TX 56 PARCEL 2 OF SURVEY V16/P116; 155 NIGHT OWL RD, PORT TOWNSEND WA 98368 Recommendation: Approval with conditions. Project Planner: H. Smith, Assistant Planner . MLA22-00065/FPA22-00001 Page 2 of 17 Southard Moratorium Release BACKGROUND INFORMATION Applicant: CHARLES & HEATHER SOUTHARD 8087 LARS DR NE BREMERTON WA 98311-9400 Site Conditions: The subject parcel encompasses 10.3 acres of unimproved land immediately adjacent to and accessible from Night Owl Road, a private local access roadway. Nine acres of the 10.3-acre parcel were harvested of timber and stumps were removed. There is less than an acre of unharvested timber on the parcel. The remainder of the land is roads and native vegetation comprised primarily of understory plants and some coniferous and leafy trees on the perimeter of the property. The terrain slopes from south to north with a grade of approximately 1.2% across the entire property. The site contains three mapped critical areas, a Non-Fish Habitat Stream, a Susceptible Special Aquifer Recharge Protection Area, and a Seismic Hazard Area. The mapped stream is not present per a 2019 DNR report. No reports are required for the Susceptible Special Aquifer Recharge Protection Area. The Seismic Hazard Area is addressed in a Geotechnical Engineering Report prepared by GeoTest Services, Inc. on July 8, 2022 and received by Jefferson County Department of Community Development (DCD) on July 25, 2022. Per that report, none of the proposed development would impact these geologically hazardous areas. Location of parcel indicated by yellow flag. MLA22-00065/FPA22-00001 Page 3 of 17 Southard Moratorium Release Surrounding Area: The surrounding parcels are zoned as residential, specifically Rural Residential one dwelling unit per five acres (RR 1:5) or one dwelling per 20 acres (RR 1:20); Adjacent lot sizes range from approximately three to ten acres. Single-family residences cover about half of the surrounding properties. Comprehensive Plan Designation: The Jefferson County Comprehensive Plan (adopted December 10, 2018) designates the subject parcel RR 1:20. Per Jefferson County Comprehensive Plan Exhibit 1-11, single family residential use is the primary land use for RR 1:20 zoning. Zoning designations of surrounding area. Subject parcel indicated with yellow flag. State Environmental Policy Act (SEPA) Review: As required in JCC 18.20.160 Conversions of Land to Non-forestry Use, the county conducted an environmental review consistent with SEPA rules. The original timber harvest occurred under a Class III Forest Practices Permit (FPA Number 2615192). The current owner requests the area be removed out of forestry use and converted to a non-forestry use. SEPA review is required for “Lands that have been or are being converted to non-forestry use,” per JCC 18.20.160(4)(a) and (b)(i). Consistent with JCC 18.40.780 and in accordance with WAC 197-11-355, DCD followed the optional DNS process. The SEPA Responsible Official issued a Final Determination of Non-Significance (DNS) on November 29, 2022. No appeals were received. Procedural Information: Notice of Application and Optional SEPA DNS Process MLA22-00065/FPA22-00001 Page 4 of 17 Southard Moratorium Release  Application submitted to DCD: July 25, 2022.  Staff determined the application substantially complete: August 22, 2022.  Application vested under the ordinances in effect on: July 25, 2022.  Notice of Application mailed to adjacent property owners: October 12, 2022.  Notice of Application emailed to agencies: November 11, 2022.  Posting of Notices by applicant/representative: October 10, 2022.  Publication of Legal Notices in the Port Townsend-Jefferson County Leader: October 12, 2022.  Comment period was open for 14 calendar days (per JCC 18.40.220) through October 26, 2022. Comments: DCD sent notice of application and SEPA threshold determination to adjacent property owners within 500 feet of the subject parcel. The comment period initially started on November 11, 2022. The comment period was extended to November 25, 2022 to allow for a 14-day comment period. DCD sent the Notice of Application / Notice of Optional SEPA DNS to the following agencies:  Department of Ecology  Department of Natural Resources  Department of Fish and Wildlife  Department of Archaeological and Historic Preservation  Port of Port Townsend  Jefferson County PUD #1  Department of Public Works  Department of Environmental Health  Jefferson County Transit  U.S. Navy  Jefferson County Assessor  Skokomish Tribe  Port Gamble S’Klallam Tribe  Jamestown S’Klallam Tribe  Suquamish Tribe  Point No Point Treaty Council  East Jefferson Fire and Rescue  Chimacum School District #49 Agency comments received: Washington State Department of Ecology (ECY): On October 26, 2022, Garret Peck, State Environmental Policy Act Coordinator of the Department of Ecology’s Southwest Regional Office, transmitted the following comments: All grading and filling of land must utilize only clean fill and that all removed debris resulting from this project must be disposed of at an approved site. No confirmed or suspected contaminated sites are located on or within ¼ mile of the project area. Erosion control measures must be in place prior to any clearing, grading, or construction. The Department of Ecology also noted that a Construction Stormwater General Permit may be required. Jamestown S’Klallam Tribe: On November 9, 2022, Sissi Bruch, Environmental Planning Biologist for the Jamestown S’Klallam Tribe, asked the following questions: “have questions before I can submit formal comments. In reviewing this site, it seems that there is an existing barn already on the site, yet the land was considered vacant. Do you have any information regarding the building of the barn? Also, will this property be allowed to be subdivided in the future? Finally, is this property in a UGA area? Development should happen in UGA’s or cities. The creation of sprawl is a concern. How is the county ensuring that this does not become future sprawl?” The questions were answered in a November 14, 2022 email. No further comments or questions were received. Washington State Department of Natural Resources: On November 14, 2022, Ted Alison, Forest Practices District Manager for the Olympic Region, transmitted the following comments: “All areas on the property that are not being converted to non-forest use should be reforested to the standards in WAC 222-34-010.” Public comments received: MLA22-00065/FPA22-00001 Page 5 of 17 Southard Moratorium Release DCD did not receive any public comments regarding the project. Procedural Information: SEPA Final Threshold Determination  The SEPA Responsible Official issued a Determination of Non-Significance on November 29, 2022.  The DNS was emailed to agencies on November 29, 2022.  Appeal period was open for 14 calendar days (per JCC 18.40.330) through December 9, 2022. Notice of SEPA Threshold Determination: Notice of the DNS was sent to the following agencies:  Department of Ecology  Department of Natural Resources  Department of Fish and Wildlife  Department of Archaeological and Historic Preservation  Port of Port Townsend  Jefferson County PUD #1  Department of Public Works  Department of Environmental Health  Jefferson County Transit  U.S. Navy  Jefferson County Assessor  Skokomish Tribe  Port Gamble S’Klallam Tribe  Jamestown S’Klallam Tribe  Suquamish Tribe  Point No Point Treaty Council  East Jefferson Fire and Rescue  Chimacum School District #49 Agency comments received: Jamestown S’Klallam Tribal Historic Preservation Office: On December 5, 2022, Tribal Historic Preservation Officer Allie Taylor provided the following comment on the DNS: “The THPO has reviewed the project location and associated report and concurs with the Department of Community Development’s determination of non-significance with the stipulation an Inadvertent Discovery Plan be followed for any cultural resources discovered during the proposed project activities.” Compliance with the county’s standard Inadvertent Discovery Plan is a condition of approval. Appeals: DCD did not receive any appeals regarding the DNS. Procedural Information: Notice of Hearing  A public open record hearing before the Jefferson County Hearing Examiner is scheduled for February 17, 2023, at 1:00 PM.  Public Notice for the Open Record was published in the Port Townsend-Jefferson County Leader newspaper: February 1, 2023  Notice of the Open Record Hearing was posted on the county website on February 1, 2023  The applicant, property owners within 500 feet, all relevant agencies, and all other interested parties from the notice of application were notified by mail/email: February 1, 2023 Staff Findings: 1. Jefferson County Comprehensive Plan. The full moratorium release is subject to all applicable sections of the Jefferson County Comprehensive Plan (“Comprehensive Plan”). The following Jefferson County Comprehensive Plan Goal and Policies apply to the proposal, which relate to maintaining rural character and encouraging the continuation of forest practices: MLA22-00065/FPA22-00001 Page 6 of 17 Southard Moratorium Release Continuation of Forest Practices: Encourage the continuation of forestry on lands which are not designated as commercial forest resource lands (NR-G-5). Staff Comment: The proposed release is on land zoned RR 1:20 and is not zoned as commercial or rural forest land. The release of the six-year moratorium is authorized under JCC18.20.160 to allow a property owner to develop single-family residence and associated utilities on land previously used in forestry operations. The proposal to release the parcel from forestry use will not significantly discourage forestry use. The applicant proposes to replant and retain approximately 6-7 acres in native plants and commercially viable timber, which would continue the forestry use on a parcel that is not zoned for commercial forestry. Policy LU-P-7.1: Ensure that land use decisions consider climate change and are based on land use ordinances that are in compliance with the Critical Areas Ordinance and all applicable state environmental laws. Staff Comment: This project was reviewed under the Critical Areas Ordinance and the State Environmental Policy Act. The proposal to lift the moratorium and grant a stormwater permit were determined to comply with the CAO and SEPA. The proposed development would not significantly impact its area. The proposed residence would not be at significant risk from the mapped critical areas. Policy LU-P-7.2: Allow residential, commercial, and industrial development in a manner that minimizes risk from flooding, earth movement, shoreline erosion, sea level rise, and other natural hazards. Staff Comment: The proposed residential development is in a mapped seismic hazard area. The hazard was addressed in a geotechnical report, which found limited risk from earth movement (Exhibit 5). There is no regulated flood risk on the parcel and the parcel is not located near a shoreline at risk for shoreline erosion or sea level rise. Policy LU-P-7.11: Continue to ensure that landslide, erosion, and seismic hazard areas are appropriately designated and that measures protecting public health and safety are implemented for hazardous areas under the Critical Areas Ordinance. Continue to periodically review and update CAO regulations relating to geologic hazard areas, including best available science. Staff Comment: The mapped seismic hazard area was addressed in a 2022 geotechnical report. The report’s findings will be recorded in a Notice to Title prior to the county issuing any permits on this property. The geotechnical report’s suggestions must be followed as a condition permits for this development. Policy LU-P-8.1: Encourage increased coordination between stormwater requirements of Forest Practices and Jefferson County stormwater requirements to reduce potential impacts to off-site residential development, and encourage the preservation of natural drainage systems. Staff Comment: FPA 2615192 was exempt from stormwater review. The proposed conversion back from forestry to residential use was reviewed under Jefferson County Code 18.30.070 Stormwater Management Standards. The project follows the 2019 stormwater management manual requirements. Per the engineered stormwater management plan, stormwater from the proposed development will be treated using downspout dispersion MLA22-00065/FPA22-00001 Page 7 of 17 Southard Moratorium Release trenches and sheet flow dispersion trenches, both leading to permanently maintained vegetated flow paths. 2. Jefferson County Code 18.15.015 Rural Lands Under Jefferson County Code 18.15.015(1) (c.), the purpose of Rural Residential 1 Dwelling Unit per 20 Acres (RR 1:20) zoned districts is to “provide a buffer in areas adjacent to UGAs and designated forest and agricultural lands of long-term commercial significance, as well as protecting areas identified as possessing area-wide environmental features which constrain development such as shoreline areas or areas of steep and unstable slopes. The district also protects land from premature conversion to higher residential densities prior to an established need.” Staff Comment: Consistent with 18.15.015, the subject property is in a group of RR 1:20 parcels between an Urban Growth Area and a group of parcels zoned for forestry. Per GIS mapping and critical area reports, the subject property does not contain environmental features that require protection through contained development. The development of a single-family residence is consistent with allowed development in this zone and does not prematurely convert the property to a higher residential density. 3. Jefferson County Code 18.15.040 Categories of Land Use Under Jefferson County Code Table 3-1. Allowable and Prohibited Uses, single-family residences are an allowed use. Jefferson County Code 18.15.040(1) defines allowed uses as “uses allowed subject to meeting the applicable performance standards (Chapter 18.20 JCC) and development standards (Chapter 18.30 JCC) and other applicable provisions of this code (including project permit approval, see Chapter 18.40 JCC, if a building or other development permit is required).” Staff Comment: The proposed residential use is an allowed use. The proposed residence would still be subject to performance and development standards. 4. Jefferson County Code 18.15.095 Right to Farm and Forestry Provisions Per Jefferson County Article III General Provisions, the land use provisions in this article apply to all land use uses in all districts unless stated otherwise. This includes the right to farm and forestry provisions as described below. 1. Applicability. Right to farm and forestry provisions apply to all resource and rural land use districts except rural residential 1:5. The provisions of this section are not to be construed to in any way modify, supersede or abridge state or county law relative to nuisances; rather, they are only to be used in the interpretation and enforcement of the provisions of this code. 2. Purpose. To provide the residents of the county proper notification of the county’s recognition and support of farming and forestry activities. 3. Nuisance. The following shall not be considered a nuisance: agricultural and forestry activities, lumber mills (operating between 7:00 a.m. and 7:00 p.m.), and other facilities, or appurtenances thereof, conducted or maintained for commercial agricultural or forestry purposes on land designated as rural residential 1:10 and 1:20, rural industrial, rural commercial, agricultural resource, or forest resource. 4. Disclosure. The disclosure statement in subsection (4)(b) of this section shall be used under the following circumstances and in the following manner: a. Approval of any land division, land use, building, or development of any lands within 500 feet of lands which are designated as agricultural resource, forest resource, or mineral resource shall include a condition of approval affixed to the land use or project permit approval issued by Jefferson County. This condition is intended to disclose to MLA22-00065/FPA22-00001 Page 8 of 17 Southard Moratorium Release applicants their proximity to resource lands and potential discomforts which are associated with resource land activities. b. The required disclosure statement is as follows: Jefferson County has determined that the use of real property for agricultural and forestry operations is a high priority and favored use in the county. The county will not consider to be a nuisance those inconveniences or discomforts arising from such operations, if such operations are consistent with commonly accepted best management practices in compliance with local, state, and federal laws. If your real property includes or is within five hundred (500) feet of real property designated as Rural Residential 1:10 or 1:20, Rural Industrial, Rural Commercial, Agriculture, or Forestry, you may be subject to inconveniences or discomforts arising from such farming and forestry operations, including but not limited to noise, tree removal, odors, flies, fumes, dust, smoke, the operation of farm and forestry machinery during any 24-hour period, the storage and disposal of manure, and the application of permitted fertilizers and permitted pesticides. One or more of these inconveniences may occur as a result of agricultural and forestry operations which are in conformance with existing laws and regulations. Staff Comment: The Rural Residential 1:20 zoning allows continued forestry use of this parcel if the moratorium is released. This aligns with the county’s recognition and support of forestry activities. The subject property is not designated commercial or rural forestry, so this disclosure would not be required for development on or adjacent to this property. Current and future forestry use on this parcel would not be considered a nuisance, with or without a moratorium. 5. Jefferson County Code: JCC 18.20.160 Conversions of land to non-forestry use – Forest practices – Conversion option harvest plans (COHP). Under the Jefferson County Code, the proposed use is a Release of Moratorium. JCC Section 18.20.160(5)(c) establishes the following criteria for Moratorium Releases: a. The person requesting the release did not attempt to avoid the county review or restrictions of a conversion forest practices application, as evidenced by a transfer of property. (JCC18.20.160(5)(c)(A)). Staff Comment: The current landowners, Charles and Heather Southard, acquired the property on April 4, 2018, after the timber harvest took place. One of the previous landowners, Daniel Hay, applied for the FPA Harvest application, which was approved on December 27, 2017. Jefferson County placed a development moratorium expiring December 27, 2023, on the subject property after receiving notification from the Department of Natural Resources of the approved Class II (non-conversion class) FPA. On December 19, 2017, Daniel Hay sold the property to Cedarland Forest Resources LLC, which harvested approximately nine acres of timber. On April 4, 2018, Cedarland Forest Resources LLC sold the property to current owners Charles and Heather Southard. The current landowner did not know that the property was under a moratorium. The applicants were notified of the moratorium during a Customer Assistance Meeting (CAM2019-00184) with Shannen Cartmel, a DCD staff member, on April 26, 2019. b. Critical areas and their buffers, and shoreline area as set forth in this code and the Shoreline Master Program were not damaged in the forest practice operation, or than any such damage is repairable with restoration. (JCC18.20.160(5)(c)(iv)(B)). MLA22-00065/FPA22-00001 Page 9 of 17 Southard Moratorium Release Staff Comment: Jefferson County Department of Community Development reviewed the Geographic Information Systems mapping review identified the following Critical Areas on the subject property: Non-Fish Habitat Stream, Seismic Hazard Area, and a Susceptible Special Aquifer Recharge Protection Area. Per DNR Forest Practices Forester Ross Goodwin on May 1, 2019, there is no stream on the property. The July 8, 2022, Geotechnical Engineering Report by GeoTest Services Inc., found no geologically hazardous areas or associated buffers on the parcel. No buffers or mitigation are required for the Susceptible Special Aquifer Recharge Protection Area. Future proposals will be subject to a new Critical Area review and conditions may be added if new Critical Areas are found on the property. c. Corrective action can be undertaken to provide for compliance with applicable conversion standards established by this section. (JCC18.20.160(5)(c)(iv)(C)). Staff Comment: The proposal must address applicable conversion standards in JCC 18.20.160 (4) Regulations Governing Class IV-General Forest Practice Permits, and Conversion of Forested Land to Non-forestry Use relating to SEPA, stormwater management, and other applicable codes and regulations. The county issued the SEPA final threshold determination on November 29, 2022 in association with the stormwater and full release applications. The proposal must address stormwater run-off that would occur from the timber harvest activities and residential conversion. The current landowners are proposing to develop a single-family residence with associated residential development on approximately 4 acres of the 10.32-acre parcel. They propose to replant approximately six to seven acres with natural and commercially viable timber. All stormwater management practices will follow Best Management Practice (BMP) T5.10B Downspout Dispersion. A dispersion trench will treat the stormwater from all roof areas. The location of the dispersion trench is northeast of the proposed single-family residence. The splash blocks are on the north side of the proposed shop. The dispersion trench shall be 17 lineal feet for the single-family residence of 1,666 square feet with a 25-foot vegetated flow path. The downspout splash blocks lead to a 50-foot vegetated flow path. A 2-foot wide drainage gravel transition zone with a 10-foot vegetated flow path will address stormwater from the gravel driveway. All stormwater management proposals are consistent with the 2019 Department of Ecology Stormwater Management Manual for Western Washington. The proposal must address stormwater run-off that would occur from developing four acres of the parcel as a single-family residence. All stormwater management practices will follow Best Management Practice (BMP) T5.10B Downspout Dispersion. The roof areas will be dispersed via a dispersion trench positioned to the northeast of the proposed single-family residence and splash blocks on the north side of the proposed shop. The dispersion trench shall be 17 lineal feet for the single-family residence of 1,666 leading to a 25-foot vegetated flow path. The downspout splash block leads to a 50 vegetated flow path. Stormwater from the driveway is treated by a 2-foot wide driveway transition zone to a 10-foot vegetated flow path. All stormwater management proposals are consistent with the 2019 Department of Ecology Stormwater Management Manual for Western Washington. Jefferson County will require additional permits for all future development, including but not limited to: site development review with legal lot of record determination, septic permits, MLA22-00065/FPA22-00001 Page 10 of 17 Southard Moratorium Release well review, road approach permits, and building permits for all proposals. These permits will not be issued until the moratorium is released consistent with JCC 18.20.160(5)(b). 6. Jefferson County Code 18.22 Article II Administrative Provisions The approved Class II Forest Practices Application was exempt from critical areas review under 18.22.230(4)(b), which states “Forest Practices. Classes I, II, III, and IV special (not Class IV general) forest practices regulated and conducted in accordance with the provisions of Chapter 76.09 RCW and forest practice regulations, WAC Title 222, except where the lands have been or are proposed to be converted to a use other than commercial forest product production.” Staff Comment: The proposed development would not qualify for this exemption from critical areas review. Critical areas have been reviewed for this application to lift the moratorium. Critical areas would also be reviewed for applications to develop the proposed residence. 7. Jefferson County Code 18.22 Article III Critical Aquifer Recharge Areas Jefferson County GIS mapping shows the subject parcel is within a mapped Susceptible Critical Aquifer Recharge Area and a mapped Special Aquifer Recharge Protection Area. Per Jefferson County Code 18.22, parcels with these areas must comply with JCC 18.22 Article III. a. Susceptible Critical Aquifer Recharge Areas: Susceptible Aquifer Recharge Areas. Susceptible aquifer recharge areas are those with geologic and hydrologic conditions that promote rapid infiltration of recharge waters to groundwater aquifers. b. Special Aquifer Recharge Protection Areas: Special aquifer recharge protection areas include: (a) Sole-source aquifers designated by the U.S. Environmental Protection Agency in accordance with the Safe Drinking Water Act of 1974 (42 U.S.C. 300f et seq.), such as Marrowstone Island; (b) Special protection areas designated by the Washington Department of Ecology under Chapter 173-200 WAC; (c) Wellhead protection areas determined in accordance with delineation methodologies specified by the Washington Department of Health under authority of Chapter 246-290 WAC; (d) Groundwater management areas designated by the Washington Department of Ecology in cooperation with local government under Chapter 173-100 WAC. c. The following protection standards apply to this project: 18.22.330(3) Stormwater Disposal. (a) Stormwater runoff shall be controlled and treated in accordance with best management practices and facility design standards as identified and defined in the current Stormwater Management Manual for Western Washington and the stormwater provisions contained in Chapter 18.30 JCC. To the extent practicable, stormwater should be managed in a way that facilitates aquifer recharge. (b) To help prevent seawater from intruding landward into aquifers, all new development activity on Marrowstone Island and within one-quarter mile of any marine shoreline shall be required to infiltrate all stormwater runoff on site, except for those areas within the Port Ludlow Drainage District. The administrator will consider requests for exceptions to this policy on a case-by-case basis; provided a critical aquifer recharge area report that complies with all the requirements of JCC 18.22.930 demonstrates the project does not pose a threat of seawater intruding landward into aquifers. MLA22-00065/FPA22-00001 Page 11 of 17 Southard Moratorium Release Staff Comment: The proposed development has been reviewed under the stormwater disposal requirements of 18.22.330(3). The applicants’ engineered stormwater plan (Exhibit 6) details compliance with the 2019 Stormwater Management Manual for Western Washington and Jefferson County Code Chapter 18.30. All stormwater will be on the parcel treated via downspout dispersion to vegetated flow paths. 8. Jefferson County Code 18.22 Article V Geologically Hazardous Areas The purpose of this article is to reduce risks to human life and safety and reduce the risk of damage to structures and property from geologic hazards, to allow for natural geologic processes supportive of forming and maintaining fish and wildlife habitat, and to regulate and inform land use and planning decisions. It is recognized that the elimination of all risk from geologic hazards is not feasible to achieve but the purpose of this article is to reduce the risk to acceptable levels. [Ord. 5-20 § 2 (Appx. A)] Per Jefferson County Code 18.22.510(1)(c), 18.10.190, and WAC 365-190-030(18), seismic hazard areas are defined as “areas subject to severe risk of damage as a result of earthquake induced ground shaking, slope failure, settlement, soil liquefaction, debris flows, lahars, or tsunamis.” Jefferson County Code 18.22.520 Regulated Activities (11) Seismic Hazard Development Standards. a. Development activities or actions requiring a project permit occurring within 200 feet of a “high hazard” seismic hazard area may be allowed with an approved geotechnical report that confirms the site is suitable for the proposed development and addresses any fill or grading that has occurred on the subject parcel. b. Development activities or actions requiring a project permit within a seismic hazard area shall be in accordance with JCC Title 15. Staff Comment: This proposal has been reviewed for compliance with Article V Geologically Hazardous Areas. To determine if the parcel’s mapped seismic hazard area qualified as “high hazard,” the applicants commissioned a geotechnical engineering report from GeoTest Services, Inc. The report was completed July 8, 2022, and submitted to the county on July 25, 2022. GeoTest determined that “the potential for Seismic Hazard Areas on the property is relatively low.” The report found that “based on the existing site conditions, proposed construction, as well as our local experience in the area, it is GeoTest’s opinion that there is a low probability of liquefaction occurring beneath the subject site.” The findings of the report will be recorded in a Notice to Title on the property prior to the county approving any development. The report’s recommendations must be followed as a condition of approval. The recommendations are listed in Exhibit 5. 9. Jefferson County Code 18.30.060 Grading and Excavation Standards The following sections of Jefferson County Code apply to this proposal: (1) General Regulations a. All grading and clearing activities shall be conducted so as to minimize potential adverse effects of these activities on forested lands, surface water quality and quantity, groundwater recharge, and fish and wildlife habitat, adjacent properties and downstream drainage channels. MLA22-00065/FPA22-00001 Page 12 of 17 Southard Moratorium Release Staff Comment: The stormwater application and engineered stormwater report submitted on July 25, 2022 specify a limited clearing area of 15,810 square feet. Clearing limits are marked and the majority of the parcel will not be cleared or graded. Heavy machinery and equipment will not be used on areas where stormwater controls are to be installed. All disturbed areas that are not covered with impervious surfaces will be amended. (2) Drainage and Erosion Control. All grading activities shall be accomplished as follows: a. Design and maintain adequate buffers of undisturbed native vegetation to minimize off-site impacts of surface water runoff, erosion, and sedimentation. b. Design and construct all graded surfaces that are to be revegetated so that the graded surfaces will hold topsoil and to minimize surface runoff, erosion, and sedimentation. c. Selectively salvage the upper six to 12 inches of topsoil, stockpile it, and re-spread over all disturbed areas to be revegetated. Excess excavated material, if not retained on-site, must be disposed of at a permitted site approved by the administrator. d. Any area cleared or graded and not covered with gravel or an impervious surface shall be seeded immediately on completion of the project. If erosion is probable, areas with exposed soil shall be protected by temporary means during and following construction until seeding is established. All disturbances should at least be revegetated with grasses and forbs; including shrubs and trees as appropriate in the revegetation effort. Use of plant species native to the county is encouraged. e. Natural vegetation shall be retained to the maximum extent possible in construction and operation of any use. All development shall ensure that soil erosion and sedimentation of drainage ways will be controlled to prevent damage to adjoining property and downstream drainage channels and receiving waters. f. Surface drainage shall not be directed to or discharged into county roads or ditches within county rights-of-way unless approved by the county engineer. g. A drainage analysis shall be prepared if required by JCC 18.30.070. Drainage controls may be required to regulate volume, peak flow and velocities of runoff water and to control pollutants, erosion, and sedimentation if it is probable that damage could occur downstream to property or to water quality. Such controls may include landscaping or re-establishing native vegetation, ponds, catch basins, and other control structures. h. For effective long-term weed control, it is suggested that the landowner coordinate with the county weed control board to eradicate nuisance species. Staff Comment: The engineered stormwater plan requires permanently maintained vegetated flow paths and transition zones to treat and disperse stormwater. Revegetated surfaces will have soil amended. Per the geotechnical report and stormwater plan, soil will be removed and held in a temporary stockpile until it can be re-spread and used to support vegetation. The engineered stormwater plan proposes onsite downspout dispersion that will control stormwater to prevent soil erosion that would damage the property, neighboring properties, downstream drainage channels, receiving waters, county roads, or county rights-of-ways. Outside the proposed building site, the remainder of the property will be revegetated. The existing plants remaining after the timber harvest will be preserved to the maximum possible extent. (3) Best Management Practices (BMPs). BMPs from the currently adopted Stormwater Management Manual for Western Washington (SMM) (see JCC 18.30.070) or as specified by the county engineer shall be employed in the control of erosion and sediment during MLA22-00065/FPA22-00001 Page 13 of 17 Southard Moratorium Release construction, to permanently stabilize soil exposed during construction, and in the design and operation of stormwater and drainage control systems. Staff Comment: The stormwater application and engineered stormwater plan selected appropriate BMPs from the 2019 Stormwater Management Manual for Western Washington, the currently adopted edition in Jefferson County. Specifically, the project will use BMP C101 Preserving Natural Vegetation, BMP C102 Buffer Zones, BMP T5.13 Post-Construction Soil Quality and Depth, BMP T5.10B Downspout Dispersion System, BMP T5.12 Sheet Flow Dispersion, BMP C151 Concrete Handling, and BMP C152 Sawcutting and Surfacing Pollution Prevention. (4) Critical Areas. All clearing and grading activities that will adversely affect critical areas shall be subject to the regulations of Chapter 18.22 JCC, and JCC 18.30.070, without limitation to thresholds found herein: a. Critical Aquifer Recharge Areas. Standards governing development activities in these areas are found in Article III of Chapter 18.22 JCC. c. Geologically Hazardous Areas. Standards governing development activities in these areas are found in Article V of Chapter 18.22 JCC. Staff Comment: The requirements of Article III and Article V of Chapter 18.22 JCC are addressed in Staff Findings 7 and 8 of this staff report. (5) Grading. a. Project or building permits which involve grading of 500 or more cubic yards are subject to environmental review under the State Environmental Policy Act (SEPA) (see Article X of Chapter 18.40 JCC) unless the grading is SEPA-exempt under WAC 197-11-800. b. All grading of 500 cubic yards or more shall be subject to a stormwater management permit, as specified in JCC 18.30.070(5) Staff Comment: SEPA review for clearing and grading was included in this proposal. A final threshold Determination of Non-significance (DNS) was issued on November 29, 2022. No appeals were received within the 14-day appeal period. Clearing and grading were addressed in the engineered stormwater report. 10. Jefferson County Code 18.30.070 Stormwater Management Standards Under Jefferson County Code, all new development and redevelopment must conform to the standards and minimum requirements set by the most current version of the Washington Department of Ecology Stormwater Management Manual for Western Washington (SMM) and obtain a stormwater management permit if required by subsection (5) of this section. The administrator may require additional measures as indicated by the environmental review or other site plan review. (1) Definitions. Definition (1)(a) applies to this project: “‘New development’ includes land-disturbing activities, including Class IV general forest practices that are conversions from timber land to other uses; structural development, including construction or installation of a building or other structure; creation of impervious surfaces; and subdivision, short subdivision and binding site plans as defined and applied in Chapter 58.17 RCW. Projects meeting the definition of redevelopment shall not be considered new development. MLA22-00065/FPA22-00001 Page 14 of 17 Southard Moratorium Release Staff Comment: The stormwater application submitted with this project correctly identifies this conversion and proposed residential development as new development. (2) Exemptions. Commercial agriculture (except new development secondarily related to agriculture per JCC 18.20.030(2)(b)(iv)(D)), road maintenance activities, and forest practices regulated under WAC Title 222, except for Class IV general forest practices and COHPs (see JCC 18.20.160), pursuant to SMM Section I-2.2, are exempt from the provisions of the minimum requirements. Staff Comment: The proposed lifting of the moratorium and residential development does not qualify for any exemptions from stormwater review. (3) Development and Redevelopment Minimum Requirements. Development and redevelopment meeting the criteria of subsection (1)(a) of this section shall be required to control erosion and sediment during construction and to permanently stabilize soil exposed during construction. Such development shall: a. Comply with the minimum requirements for development of small parcels in Section I-2.5 of the SMM; Staff Comment: The referenced Section I-2.5 was in a previous version of the Stormwater Management Manual for Western Washington. The proposal is reviewed for minimum requirements under JCC 18.30.070(4). b. Applicants for all development and redevelopment meeting the criteria for subsection (1)(a) of this section, except for detached single-family residences and duplexes creating or adding less than 2,000 square feet and land-disturbing activities of less than 7,000 square feet, shall prepare a stormwater site plan (or show on other diagrams being prepared for the project, if appropriate) showing: i. Vicinity map; ii. Location of the structure and its access; iii. All applicable setback requirements; iv. Location of all applicable erosion and sediment control BMPs; and v. Existing site features and sensitive areas. Staff Comment: In accordance with Jefferson County Code Chapter 18.30.070(3)(b), the applicants submitted a stormwater site plan. The plan showed the vicinity, the location of all structures, accesses, setbacks, proposed erosion control BMPs, and proposed sediment control BMPs. The BMPs on the site plan match the BMPs selected on the stormwater application. (4) New Development Minimum Requirements. a. New development that includes: (i) the creation or addition of 5,000 or more square feet of impervious surface; or (ii) converts three-quarters acre, or more, of native vegetation to lawn or landscaped areas; or (iii) converts 2.5 acres, or more, of native vegetation to pasture shall comply with Minimum Requirements Nos. 1 through 10 as contained in the SMM. Staff Comment: All Minimum Requirements are applicable to this proposal. They are addressed in the stormwater site plan and Worksheets A1, B1, and C of the stormwater application submitted by the applicants on July 25, 2022 (Exhibit 6). The application MLA22-00065/FPA22-00001 Page 15 of 17 Southard Moratorium Release includes the required stormwater site plan, a stormwater pollution prevention plan, source control of pollution, preservation of natural drainage systems, on-site stormwater management, slope protection, permanent drain inlet protection, channel and outlet stabilization, and pollutant control. b. Redevelopment that includes: (i) new, replaced, or total of new plus replaced impervious surface of 2,000 square feet or more; or (ii) 7,000 square feet or more of land-disturbing activity shall comply with Minimum Requirements Nos. 1 through 5 as contained in the SMM. Staff Comment: This project is development, not redevelopment. JCC 18.30.070(4)(d) is not applicable. c. Stormwater Site Plan. Stormwater site plans shall be developed to the standards of Volume I, Chapter 3 of the SMM, and include: i. Project overview; ii. Plot plan, including the elements of subsection (3)(b) of this section; iii. Locations of structures and other impervious surfaces; iv. Locations of stormwater runoff treatment and flow control facilities; v. Road rights-of-way and easements; vi. Preliminary conditions summary; vii. Analysis of off-site water quality impacts (including groundwater) resulting from the project, and mitigation measures; viii. Analysis and design of proposed stormwater runoff control facilities, including flow control, treatment, and source control BMPs (cf. Volume I, Section I-4 of the SMM, which provides a list of and selection process for BMPs); ix. Construction stormwater pollution prevention plan; x. Special reports and studies; xi. Stormwater and drainage system maintenance specifications. Staff Comment: The engineered stormwater plan submitted on July 25, 2022 includes items i.-vi. and viii.-xi. Item vii is not included because stormwater will be managed within the 10.3-acre parcel and not dispersed to other parcels. d. Commercial and industrial developments, subdivisions or other projects requiring stormwater management facilities including collection, conveyance, treatment, detention, and infiltration facilities shall enter into a stormwater management facility maintenance agreement with Jefferson County to operate and maintain the facilities as per the approved plans. The public works department will prepare the agreement after approval of the project stormwater site plan and submit it to the applicant. The applicant shall file the agreement with the Jefferson County auditor prior to final project approval by Jefferson County. Staff Comment: This proposal is for a residential development. JCC 18.30.070(4)(f) does not apply to this project. (5) Stormwater Management Permit and Plan Review. All grading of 500 cubic yards or more (not exempted under JCC 18.30.060(5)(b)), land-disturbing activities of 7,000 square feet or more, or creation of 2,000 square feet or more of impervious surface shall be subject to a MLA22-00065/FPA22-00001 Page 16 of 17 Southard Moratorium Release stormwater management permit. Prior to issuance of a stormwater management permit, the applicant shall submit the required stormwater management plans to the administrator for review and approval. The administrator shall issue the stormwater management permit consistent with a Type I permit process (as specified in Chapter 18.40 JCC) only upon a finding that the proposed use or activity meets all applicable requirements of JCC 18.30.060 and this section, and any other applicable requirements of this code. Staff Comment: The proposal includes a stormwater management permit application. The stormwater application and engineered stormwater management plan meets all applicable requirements of JCC 18.30.060 and JCC 18.30.070. Per this application, drainage and erosion will be controlled via dispersion systems leading to dispersion trenches and vegetated flow paths. The site will be restored using post-construction soil quality and depth the amend land not covered by impervious surfaces. In-stream and out-stream flow of water will not be obstructed. DNR’s 2019 observation (Exhibit 2) found no flow of water on the property. This finding was supported by the geotechnical report. DNR, GeoTest Inc., and Weinberg Engineering found no ponds on the property. No ponds are proposed at this time. In addition to complying with these sections, the recommendations of the geotechnical report (Exhibit 5) must be followed as a condition of approval. STAFF RECOMMENDATION Based on the preceding findings, the applicant has satisfied the criteria for release of the six-year development moratorium. Staff recommends APPROVAL with Conditions of the Type III Full Release of Development Moratorium application FPA22-00001. The following conditions of approval are recommended by staff: 1. This APPROVAL is for a full release of the development moratorium 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. 2. A Stormwater Plan has been submitted by the applicant’s engineer, Rachel Weinberg, and approved by the Department of Community Development. Once the subject permit has been issued the applicant shall fully implement the provisions of the submitted plan. A Certificate of Occupancy will not be issued for the building permit until the Department receives a letter from Rachel Weinberg, PE that verifies plan compliance. No clearing for roadways or utilities shall occur on the project site until clearing necessary for the installation of temporary sedimentation and erosion control measures have been completed. 3. A Geotechnical Report by GeoTest Services Inc. dated July 8, 2022 was submitted in conjunction with this application on July 25, 2022. The report addressed the stability of the geologic hazard area. All recommendations in the report must be followed. The report was submitted in compliance with Jefferson County Code (JCC) 18.22.550: Recording and disclosure for geotechnical reports. The document must be recorded with the Jefferson County Auditor prior to approving this permit. The Auditor File Number must be shared with the Jefferson County DCD. 4. The applicant shall replant six acres of the site. The planting shall be completed prior to building occupancy and the planted trees will be expected to have a 90% survival at the three-year mark. Monitoring reports will be required to be submitted yearly to Jefferson County for review. MLA22-00065/FPA22-00001 Page 17 of 17 Southard Moratorium Release 5. The applicant proposed and is approved to treat roof area stormwater with downspout dispersion, requiring at least a 50-foot vegetated flow path from the downspout splash block to the downstream property line, and at least a 25-foot vegetated flow path between the trench outlet and any property line. Sheet flow dispersion is approved for the driveway stormwater treatment, requiring a 2-foot wide driveway transition zone to a minimum 10-foot vegetated flow path. The vegetation shall be permanently maintained to treat stormwater runoff. 6. The 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. 7. Fill used in this project must comply with International Building Code standards and Jefferson County Building Department Requirements. 8. 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. 9. The project shall comply with all applicable local, state, and federal permitting requirements, statutes, and regulations. 10. Jefferson County has determined that the use of real property for agriculture and forestry operations is a high priority and favored use in the county. The county will not consider to be a nuisance those inconveniences or discomforts arising from such operations, if such operations are consistent with commonly accepted best management practices in compliance with local, state, and federal laws. If your real property includes or is within five hundred (500) feet of real property designated as Rural Residential 1:10 or 1:20, Rural Industrial, Rural Commercial, Agriculture, or Forestry, you may be subject to inconveniences or discomforts arising from such farming and forestry operations, including but not limited to noise, tree removal, odors, flies, fumes, dust, smoke, the operation of farm and forestry machinery during any 24-hour period, the storage and disposal or manure, and the application of permitted fertilizers and permitted pesticides. One or more of these inconveniences may occur as a result of agricultural and forestry operations which are in conformance with existing laws and regulations. Prepared by Project Planner: H. Smith, Assistant Planner Date: January 26, 2023