HomeMy WebLinkAboutExhibit 1 - Olympic Terrace 2 HE DecisionIP
1 BEFORE THE HEARING EXAMINER FOR JEFFERSON COUNTY
2 Iry Berteig, Hearing Examiner
3
RE: Port Ludlow Associates Long ) File No. SUB05-00003
4 Subdivision, Preliminary Plat
5
Application for Olympic rrace 2 )
ll(
l .
6 v FINDINGS, CONCLIISIONS,
7 q a ` tiaJ AND DECISION
01\g{JEFFEDSU 1 DED
9 BACKGROUND INFORMATION
10 The applicant is seeking preliminary long subdivision approval to
11 subdivide and develop 80 lots including clearing and grading of the
12 proposed 80 residential lots. The application area consists of
13 approximately 159.33 acres. This proposal is the second phase of
14 Olympic Terrace. Olympic Terrace 1 was File No. SUBO1-00027, recorded
15 on March 11, 2003 . Olympic Terrace 2 contains 159.33 acres of which
16 109 acres is in open space. The lot size ranges from 15,261 to 33,260
17 square feet. Average lot size is 22,200 sq. ft.
18 PROCEDURAL INFORMATION
19 Notices: Nailed: May 17, 2005
20 Posted: May 17, 2005
21 Publication:May 18, 2005.
22 Site Visit: June 7, 2005 .
23 Open Record Hearing Date: June 7, 2005.
24 The hearing was opened at 1:30 p.m. in the Board of County
25 Commissioners' Chambers in the Jefferson County Courthouse. Because
26 the SEPA appeal and the preliminary plat hearings were combined,
27 special procedures were explained addressing the sequence of
28 testimony. All testimony was taken under oath. A verbatim recording
29
Port Ludlow Associates Preliminary Plat Pagel Findings,Conclusions
SUB05-00003 LQG ITEM "Olympic Terrace 2" and Decision
H
Page I of I9
4 ,
1 of the public hearing was made. The tape is maintained in the
2 Jefferson Permit Center file.
3 Participants:
4 Port Ludlow Associates: represented by Marco de Sa e Silva, Attorney
5 Faith Lumsden, Consultant to DCD
6 Al Scalf, Department of Community Development [DCD] Director
7 Marco de Sa e Silva, Attorney for Port Ludlow Associates [PLA]
8 Greg McCarry, PLA, 70 Breaker Lane, Port Ludlow, WA 98365
9 Mark Dorsey, P.E. , Project Manager, PLA
10 Joe Callaghan, Habitat Biologist, GeoEngineers,
11 1550 Woodridge Dr. , Port Orchard, WA 98366
12 Suzanne Graber, 140 Mt Constance Way, Port Ludlow, WA 98365
13 Bill Brown, 113 Outlook Lane, Port Ludlow, WA 98365
14 Richard Rozzell, 41 Windrose Dr. , Port Ludlow, WA 98365
15 Albert Koval, 31 Corbridge Place, Port Ludlow, WA 98365
16 Jim Pearson, DPW
17 Leslie Powers, 44 Heron Road, Port Ludlow, WA 98365
18 No other parties were present to testify.
19 The Hearing Examiner closed the public hearing at 4:35 p.m., and held
20 the record open to COB June 10 to receive certain materials from DCD.
21 TABLE OF EXHIBITS:
22 Log Item Document Date
1 Cases, findings, conditions, permissions for parcel 1/10/2005
23 2 Fee Payment (receipt, check, fee breakdown) 1/10/2005
24 3 Master Land Use Application 1/10/2005
25 4 Transmittal letter from ESM Consulting Engineers 1/10/2005
5 Copy of letter from Olympic Water & Sewer 1/10/2005
26 6 Traffic Impact Assessment by Geralyn Reinart, P.E. 1/10/2005
27 7 Preliminary Drainage Report by ESM Consulting Engr 1/10/2005
8 Geotechnical Report by GeoEngineers 1/10/2005
28 9 Wetland Assessment by Raedeke Associates, Inc. 1/10/2005
29 10 Stream Assessment & Classification by GeoEngineers 1/10/2005
Port Ludlow Associates Preliminary Plat Page 2 Findings,Conclusions
SUBO5-00003 Olympic Terrace 2" and Decision
1 Log Item Document Date
2 11 Environmental Checklist 1/10/2005
12 Large Site Maps 1/10/2005
3 13 Reduced copy of Large Site Maps 1/10/2005
4 14 Subdivision Application 1/10/2005
15 Plat Certificate by First American Title 1/19/2005
5 16 Fax transmittal with HPA #100370-1 1/22/2005
6 17 ESA GIS Maps 1/25/2005
18 Determination of Completeness 1/25/20057
19 Additional Payment of PWD Fees 1/28/2005
8 20 Notice of Application and Pending SEPA 2/2/2005
9 21 Fax copy of Affidavit of Posting 2/2/2005
22 Certification of Mailing Notice of Application 2/1/2005
10 23 Comment: Email from Assessors (Pat) 2/7/2005
11 24 Comment: Memo from Asssseors (Sherrie)2/7/2005
25 Comment: Letter from DNR (Ross Goodwin) 2/7/2005
12
26 Email between Michelle & Ross Goodwin 2/8/2005
13 27 Comment: Jefferson County Sheriff 2/11/2005
14 28 Comment: Fire District 3 2/11/2005
29 Comment: Bruce Schmitz 2/15/2005
15 30 Comment: Fax from Fire District 3 2/14/2005
16 31 Comment: Woodridge Village Homeowners Association 2/14/2005
32 Comment: Email from Bruce Schmitz 2/16/2005
17
33 Comment: City of Port Townsend 2/16/2005
18 34 Comment: PLVC 2/16/2005
19
35 Comment: Rich & Denise Grimm 2/16/2005
36 Comment: Les Powers 2/16/2005
20 37 Comment: Email from Bruce Schmitz 2/16/2005
21 38 Comment: DOE 2/16/2005
39 Comment: Email from Gary & Sue Kaysinger 2/16/2005
22 40 Comment: Email from Les Powers 2/16/2005
23 41 Comment: Email from Bert Loomis 2/17/2005
42 Comment: Letter from DOE 2/18/200524
43 Comment: Letter from PWD 2/18/2005
25 44 Email attachment from Greg McCarry 2/21/2005
26 45 Comment: Letter from Fire District 3 2/22/2005
46 Email between John Fischbach & Bert Loomis 2/23/2005
27 47 Email between John Fischbach & Bert Loomis 2/24/2005
2g 48 Email between John Fischbach & Bert Loomis 2/25/2005
49 Fax response to comment letters from Mark Dorsey 2/25/2005
29
Port Ludlow Associates Preliminary Plat Page 3 Findings,Conclusions
SUBO5-00003 Olympic Terrace 2" and Decision
1 Log Item Document Date
2
50 Letter from L. Elton to PLVC Annexation 2/28/2005
51 Email comments from Lewis Hale 3/2/2005
3 52 Response to comment letter from Mark Dorsey 3/1/2005
4 53 Comment: Email from Les Powers 3/2/2005
54 Comment: Letter from South Bay Community Association 3/24/2005
5 55 Comment: Memo from Thomas Aumock (Consulting Fire) 4/1/2005
6 56 Email from Les Powers 4/6/2005
57 Map of Port Ludlow 4/5/20057
58 Memo from Michelle to Al Scalf - Request for Threshold 4/8/2005
8 Determination
59 Affidavit of Posting Public Notice 4/13/2005
9 60 MDNS Olympic Terrace 2 Long Plat 4/13/2005
10 61 Certification of Mailing Notice 4/16/2005
11
62 Email from Michelle to Al Scalf & Roseann Carrol 4/16/2005
63 Email from Les Powers to Michelle Farfan 4/20/2005
12 64 Email from Les Powers to Al Scalf 4/20/2005
13 65 Email from Les Powers to Al Scalf 4/21/2005
66 Email from Bruce Schmitz to Al Scalf 4/21/2005
14 67 Email from Judi Morns to John Fischbach, M.Brasfield 4/21/2005
15 68 Email from Les Powers to Al Scalf 4/22/2005
69 Email from Les Powers to Roseann Carroll 4/24/200516
70 Email from Faith Lumsden to Al Scolf 4/24/2005
17 71 Email from Mike Brasfield to Al Scalf & John Fischbach 4/24/2005
18 72 Email from Leslie Locke to Al Scalf & Michelle Farfan 4/25/2005
73 Email from Les Powers to Al Scalf 4/26/2005
19 74 Email from Richard Rozell to Al Scalf 4/27/2005
20 75 Letter from Mark Dorsey to Al Scalf RE: Response 4/24/2005
76 FAX from DOE 4/24/200521
77 (Revised Preliminary Plat - 3 sets) 4/27/2005
22 78 DOE Comments 4/27/2005
23 79 Certification of Mailing 5/6/2005
80 Affidavit of Posting Public Notice 5/19/2005
24 81 Notice of SEPA Appeal from Les Powers 5/20/2005
25 82 Certification of Mailing RE: Notice of Public Hearing 5/21/2005
83 Letter from Marco de e Silva to Iry Berteig 5/26/2005
26 84 Letter from Marco de e Silva to Iry Berteig/cc Al 5/26/2005
27 Scalf and M Farfan
85 Staff Report to Jefferson Count Hearing Examiner (SEPA 5/31/2005
28 Appeal 4 pages)
29 86 Staff Report to Jefferson County Hearing Examiner 5/31/2005
Preliminary Plat (complete 18 pages)
Port Ludlow Associates Preliminary Plat Page 4 Findings, Conclusions
SUB05-00003 Olympic Terrace 2" and Decision
1 Log Item [ Document I Gate
2 The following were submitted at the Open Record Appeal Hearing:
87 Statement by Les Powers, Appellant 6/7/2005
3 88 Memorandum of Port Ludlow Associates in Support of 6/7/2005
MDNS - Submitted by Marco de Sa e Silva
4 89 PLA Monitoring Reports
5 90 Draft and Final Environmental Impact Statement for Reserved
Port Ludlow Development Program issued April 12, 1993 6/7/2005
6 91 Letter from Bill & Beverly Browne 6/6/2005
7 92 Official MRU Record updated as of 12/31/2004 6/7/2005
93 Open Record Hearing Sign-Up Sheet 6/7/2005
8
The following was submitted during Open Record at Examiners request:
9 90 D&FEIS reserved as Log Item 90 6/9/2005
10 The following were unsolicited and received during the Open Record,and Objection filed by Respondent PLA:
Supplemental Appellant response to arguments and Received
11 evidentiary matters presented at the open record 6/10/2005
hearing, including attachments by DCD
12 Declaration of Bert Loomis with attachments Received
13
6/10/2005
by DCD
14 Via Fax and US Mail from PLA: Letter of Objection to Received
post hearing materials submitted by Appellant 6/13/2005
15
16 Regarding Admissibility of Materials Submitted Post Hearing:
17 The Examiner requested a copy of the Final Environmental Impact
18 Statement for the Port Ludlow Development program in accordance with
19 WAC 197-11-055 (3) (a) such that environmental documents are available
20 to the decision-maker.
21 The Hearing Examiner Rules are codified under JCC 18.05.085 (6) (a)
22 Admissibility and (d) Evidence Received Subsequent to the Hearing,
23 which provides for consideration of materials submitted after the
24 hearing: "If additional evidence is submitted after the public
25 hearing or after the date when public comment will no longer be
26 accepted, such additional evidence will only be considered upon a
27 showing that the evidence has significant relevance and there is good
28 cause for the delay in its submission. " Since the Appellant and
29 Respondents were queried at the end of the hearing as to whether they
Port Ludlow Associates Preliminary Plat Page 5 Findings,Conclusions
SUB05-00003 Olympic Terrace 2" and Decision
1 wanted to submit post hearing briefs, and since all declined, the
2 above Examiner rule will be applied.
3 The Appellant's post hearing submissions are mostly restatements
4 of his arguments with rebuttals to testimony and arguments from the
5 hearing. The new information does not have significant relevance, and
6 is not accepted.
7
8 FINDINGS OF FACT
9 1. The applicant is proposing to subdivide and develop 80 lots
10 including selective logging and lot clearing of the proposed 80
11 single-family residential lots. One tract (Tract A) is proposed as
12 open space. Tract A consists of about 109 acres, or 68 .4 percent of
13 the proposed site. The lot sizes range from 15,261 square feet to
14 33, 260 square feet. Density is approximately 0.50 lots per acre.
15 Storm water will be treated on-site and discharged into Port Ludlow
16 Bay. The Olympic Water and Sewer Company will provide water and
17 sanitary sewer service to the proposed 80 residential lots.
18 2 . Application was received as substantially complete on January 25,
19 2005. Revised plans clarifying wetland setbacks were submitted on
20 April 27, 2005.
21 3 . The property contains approximately 159 acres. The subject
22 property is irregular in shape. The site slopes to the west with
23 varying slopes. There are ten seasonal streams and 13 small wetlands
24 on the site. The property is accessed off Mount Constance Way, which
25 is a public road developed as part of the Olympic Terrace 1
26 development. Secondary, emergency access will be provided to the site
27 across the utility access for Olympic Water and Sewer, to the
28 southeast corner of the proposed plat.
29
Port Ludlow Associates Preliminary Plat Page 6 Findings,Conclusions
SUB05-00003 Olympic Terrace 2" and Decision
1 4. Olympic Terrace 2 (0T2) lies south of Olympic Terrace 1, a
2 similar residential subdivision and west of Teal lake Road. The
3 property is south of the golf course and north of state owned
4 commercial forest lands.
5 5. Based on mapped critical areas, the subject property has the
6 following sensitive features: (a) Category II and Category III
7 wetland areas, (b) aquifer recharge area, (c) landslide hazard areas,
8 and (d) Type 4 and Type 5 streams. The aquifer recharge area
9 constitutes about 20% of the total site and is generally confined to
10 wetlands J, K, H, and L. No lots are proposed in the aquifer recharge
11 area. Wetland areas have been delineated on the site. A number of
12 critical area protection standards have been applied as SEPA
13 conditions. In addition, the Department recommended other conditions
14 from the Interim Critical Areas Ordinance.
15 6. The Jefferson County Comprehensive Plan Land Use Map, as amended,
16 designates the site as Single-Family (4 dwelling units per acre) .
17 7. The Port Ludlow Master Planned Resort Code classifies the site
18 and most of the surrounding area as "Single Family" (MPR-SF 4:1) .
19 8. Preliminary threshold determination, MDNS was issued April 13 ,
20 2005 and included a 14 day comment period. Final Modified Mitigated
21 Determination of Non-Significance was issued May 6, 2005. An appeal
22 to the SEPA MDNS by Leslie A. Powers was consolidated with the hearing
23 for the preliminary plat. The Examiner denied the SEPA appeal in a
24 separate decision on June 27, 2005.
25 9. The following community members and organizations submitted
26 comments prior to the Open Record Hearing (summarized for each in the
27 Staff Report) :
28 a. Ludlow Maintenance Commission, Bruce Schmitz;
b. Woodridge Village Homeowners' Association, Thomas Stone;
29 c. Port Ludlow Village Council;
Port Ludlow Associates Preliminary Plat Page 7 Findings, Conclusions
SUB05-00003 Olympic Terrace 2" and Decision
1 d. Rick and Denise Grimm;
e. Les Powers;
2 f. Gary and Susan Kaysinger;
3 g. Bert Loomis;
h. L. Elton;
4 i. Lewis Hale;
j . South Bay Community Association [SBCA] ; and
5 k. Richard Rozzell.
6 10. The following agencies submitted comments (summarized for each in
7 the Staff Report) prior to the Open Record Hearing:
8 a. County Department of Public Works;
9
b. Fire Protection District No. 3, Fire Chief;
c. Washington State Department of Ecology;
10 d. Washington State Department of Natural Resources;
e. Jefferson County Sheriff;
11 f. Consulting Fire Marshal, City of Port Townsend; and
12 g. Jefferson County Treasurer.
13 11. The following agencies received notice but did not comment:
14 County Health Department, Chimacum School District, Port Gamble
S'Klallam Tribe, Olympic Environmental Council, Washington State
15 Department of Fish and Wildlife, WSDOT, and Jefferson Transit.
16 12 . The Department concluded that the proposal complies with all
17 applicable plan policies of the 1998 Jefferson County Comprehensive
18 Plan.
19 13 . The Staff Report contains a detailed analysis of the proposal's
20 compliance with the applicable regulations.' The Examiner has reviewed
21 that analysis in open record hearing, and now adopts those Staff
22 Findings and Conclusions as his own Findings of Fact except as may be
23 specifically addressed within Conclusions on Issues following.
24 14 . The Applicant testified that they were familiar with the Staff
25 Report and concurred with the Staff recommended conditions.
26
27
28
29 ' Log Item 86, Staff Report on Preliminaryry Plat at pages 4 - 14
Port Ludlow Associates Preliminary Plat Page 8 Findings,Conclusions
SUB05-00003 Olympic Terrace 2" and Decision
1 REVIEW CRITERIA
2 Applicable Goals and Policies:
3 Jefferson County Comprehensive Plan
Chapter 3, "Master Planned Resorts" page 3-31.
4 Chapter 8 "Environment Element" page 8-1.
5
Port Ludlow Development Agreement" dated May 1, 2000, recorded
under Auditor's File Number 435974.
6
Applicable Ordinances in accordance with the vesting terms of
7 the MPR Code and Development Agreement:
8 Subdivision Ordinance No. 04-0526-92, As Amended, Jefferson
County Subdivision Ordinance.
9 State Environmental Policy Act, UDC Section 8
10 Port Ludlow Master Planned Resort Code, Ordinance No. 08-10-1004-99
Jefferson County Interim Critical Areas Ordinance No. 05-0509-94,
11 As Amended
12 Jefferson County Land Use Application Procedures Ordinance,
Ordinance No. 04-0828-98
13 Jefferson County Storm water Management Ordinance, Ordinance No.
14 10-1104-96
Land Use Procedures Ordinance, Rules of Procedure for Proceedings
15 Before the Examiner.
16
17 CONCLUSIONS OF LAW
18 The following Conclusions of Law, which may contain additional
19 Findings of Fact and are organized by Issue Topics:
20 Authority:
21 1. The Hearing Examiner is duly appointed by the Jefferson County
22 Board of Commissioners to hear Long Subdivision, Preliminary Plat
23 applications.2
24 Matter before the Examiner:
25 2 . The applicant is seeking preliminary long subdivision approval to
26 subdivide and develop 80 lots including clearing and grading of the
27 proposed 80 residential lots. The application area consists of
28
29 2 UDC 8.50.1 (b) (1)
Port Ludlow Associates Preliminary Plat Page 9 Findings, Conclusions
SUB05-00003 Olympic Terrace 2" and Decision
1 approximately 159.33 acres in a configuration as shown on Site Maps
2 filed on January 10, 2005, 3 and clarified wetland setbacks on modified
3 plans submitted on April 27, 2005.4
4 MPR Code & Development Agreement Issues:
5 3 . Port Ludlow is classified as a Master Planned Resort adopted
6 under the provisions of RCW 36.70A.360 & .362 as the Port Ludlow
7 Master Planned Resort, know as the MPR Code. The MPR Code and its
8 accompanying Port Ludlow Development Agreement provide the core
9 governing land use regulations. Much of the conflict in the SEPA
10 appeal and now in the subdivision application relies on a misreading
11 of the MPR Code and Development Agreement. For instance, the Resort
12 Complex/Community Facilities Zone (MPR-RC/CF) states its purpose and
13 permitted and conditional uses, quoted here for convenience and with
14 emphasis added:
15 17.25.010 Purpose. The MPR-RC/CF zone provides amenities and
services associated with a resort and the surrounding community,
16 and supports existing residential uses. Uses allowed in the RC/CF
17 zone recognize the recreational nature of the resort and include
the existing and planned resort complex, as well as limited
18 permanent residential uses, and non-resort community facilities
including a beach club and Kehele Park. Kehele Park is located
19 north of the actual resort area and serves as a community park.
20 17.25.020 Permitted and conditional uses. The following uses are
permitted within the MPA-RC/CF zone. Within the resort area, for
21 resort facilities only, the uses set forth below are further
22 described and limited by the Resort Plan, as set forth in JCC
17.50.020.
23 17.50.020 Resort Plan. The Resort Plan for future development of
24 properties in the MPR-RC/CF zone shall be limited and shall not
exceed the scope of development set forth below and shall include
25 no uses except those set forth below, unless a major revision is
approved. Changes to this Resort Plan that decrease the sizes
26 noted below are allowed.
27
28
3 Log Items 12 and 13.
29 4 Log Item 77
Port Ludlow Associates Preliminary Plat Page 10 Findings,Conclusions
SUB05-00003 Olympic Terrace 2" and Decision
1 4. The MPR Code does not mandate—but rather permits the
2 recreational amenities. The Development Agreement provides guidelines
3 and objectives. For instance, the Development Agreement states that
4 buildout is expected to occur over the next ten to twenty years
5 (presumably measured from its adoption in May 2000) .6 An on-going
6 measure of progress is the use of Measurement ERUs (Measurement
7 Equivalent Residential Units or MERUs) ;6 in fact, PLA provides annual
8 monitoring of MERUs.7 Several persons commented with assertions that
9 the amenities within the Resort Complex area are required. Those
10 assertions are not supported by fact and are addressed in the SEPA
11 appeal decision.
12 5. The 1993 Final Environmental Impact Statement and the Port Ludlow
13 Development Program incorporated "Phased Review"—a special process
14 allowed in the development approval process.8 Neither the MPR Code nor
15 the Development Agreement contains language that would regulate the
16 timing of central recreation facilities that the Department or
17 Examiner could apply to each phase.
18 Open Space Issues:
19 6. The MPR Code and Development Agreement specify the minimum amount
20 of open space that must be contained within each phase (preliminary
21 plat) . In the case of Olympic Terrace 2 the minimum amount of open
22 space is specified as 10% of the total gross area of the long
23 subdivision (159 .33 acres times 10% = about 16 acres) . Olympic
24 Terrace 2 will provide 109 acres of open space land, or 68% of the
25
26
27 6 Development Agreement §1.3.13
28 6 Id. §1.3.12
7 See Log Item 92, Official MRU Record updated as of 12/31/2004
29 8 WAC 197-11-776 and WAC 197-11-060(5)
Port Ludlow Associates Preliminary Plat Page 11 Findings,Conclusions
SUB05-00003 Olympic Terrace 2" and Decision
1 proposal site. The proposal
Issues
would also provide a system of
2 recreational trails.
3 Creative Lot Layout
4 7. The Examiner drove a number of the rough-graded main planned
5 roads in order to observe the terrain and buildable conditions. With
6 the topography maps in hand and having reviewed the several technical
7 reports in the record, it was apparent that the road alignments were
8 logical. Accordingly, the proposed plat generally reflects a creative
9 approach that responds to specific site characteristics. Lots are
10 placed in areas that are conducive to residential development, such as
11 the two topographic benches. The residential lots and access roads
12 generally avoid environmentally sensitive features, although the main
13 entry road crosses the edge of a wetland and stream (Type 5) buffer.
14 Wetland Protection Issues:
15 8. Mitigation pursuant to the Critical Areas ordinance will be
16 required to compensate for wetland and stream impacts where necessary.
17 An HPA (hydraulic permit approval) from the Washington Department of
18 Fish and Wildlife may be required. Except as noted for the single road
19 crossing, the proposal avoids the thirteen Category II and III
20 wetlands and protects the critical areas with 50-foot and 25-foot wide
21 wetland buffers. There are ten type 4 and type 5 streams that have
22 been designed around, so that required buffers can be provided.
23 Streamside buffers for Type 4 and type 5 streams are each 15 feet.
24 Where possible, a 25 foot stream buffer has been designed into the
25 proposal. Given the challenging physical features of the subject
26 site, creativity in lot layout and configuration was required and is
27 reflected in lot layout.
28
29
Port Ludlow Associates Preliminary Plat Page 12 Findings,Conclusions
SUB05-00003 Olympic Terrace 2" and Decision
1 Traffic and Access Issues:
2 9. Prehearing comments were received from the Woodridge Village
3 Homeowners Association and Rich & Denise Grimm regarding traffic
4 issues at the intersection of Woodridge/Springwood Drive with Teal
5 Lake Road. Woodridge Village is on the east side of Teal Lake Road.
6 Also, Suzanne Graber had similar comments viewing the proposal from
7 Olympic Terrace I on the west side of the same intersection. The
8 applicable road design criterion is stated:
9 All long subdivisions shall be served by a constructed and
maintained public or private road, which shall provide access in
10 at least two (2) places whenever practicable.
11 10. The Department of Public Works has reviewed the feasibility of
12 two accesses for the proposed long subdivision. An emergency access
13 roadway, closed to general traffic, is required. The access will
14 follow the Olympic Water and Sewer utility easement that comes off
15 Teal Lake Road and connects to Mount Constance Way at lot 10 in the
16 southeast corner of the plat. Additional general access is not
17 practicable. Public Works and Applicant's testimony at the Open
18 Record Hearing noted that planned volumes would be within design
19 parameters, plus there would be some intersection improvements at Teal
20 Lake Road that would improve traffic movements.
21
22
23
24
25
26
27
28
29
Port Ludlow Associates Preliminary Plat Page 13 Findings,Conclusions
SUB05-00003 Olympic Terrace 2" and Decision
1 DECISION
2 Based upon the testimony presented at the Public Hearing, the
3 documents and exhibits admitted into the record, a field review of the
4 property and surroundings, and the above Findings of Fact and
5 Conclusions of Law, it is hereby the decision of the Hearing Examiner
6 that the "Olympic Terrace 2" Long Subdivision application by Port
7 Ludlow Associates, as portrayed by Log Items 12, 13 and 77, be
8 APPROVED, subject to the following conditions:
9 1. The applicant shall comply with all mitigation measures of the
Final Modified Mitigated Determination of Non-Significance issued
10 by the Jefferson County SEPA Responsible Official on May 6, 2005
11 for the proposed plat of Olympic Terrace 2 .
12 2 . The conditions recommended by the Jefferson County Department of
Public Works on pages 7, 8, and 9 of their memo dated February1317, 2005 (Log item 43) are incorporated into the recommended
14 conditions of approval.
15 3 . Based on the requirements of Chapter 17 .30 .180, all easements of
record shall be graphically portrayed on the final plat with the16Auditor's File Number (AFN) of the easements also referenced on
17 the face of the plat. Required easements for utility installation
and maintenance shall conform to the standards of Subsection
18 6.303 of the Subdivision Ordinance. All utility easements shall
19 be made by a separate recorded easement, declaration of
easements, or dedication of easements, and by graphic portrayal
20 on the final long plat Mylar.
21 4. Based on the requirements of Chapter 17 .30. 180 (Subdivision
22 Ordinance 6 .303 .2) , a seven (7) foot wide utility easement
adjacent to any private road easement may be required.
23
5 . Based on the requirements of Chapter 17.30.190 (Subdivision
24 Ordinance 6.309 .2 & 3) , design and construction of any vehicle
25 turnarounds shall accommodate school buses. Prior to final plat
approval, the applicant shall obtain written certification from
26 the Chimacum School District regarding adequacy of provisions for
27 any school bus turnaround.
28 6. Based on the requirements of Subdivision Ordinance 6.309 .4, 60-
foot wide public road rights-of-way shall be dedicated in fee
29 simple for any public roads. The dedication shall specify that
Port Ludlow Associates Preliminary Plat Page 14 Findings,Conclusions
SUB05-00003 Olympic Terrace 2" and Decision
1 Jefferson County is not liable for impacts of stormwater runoff
from the roads.
2
3 7 . In order to provide adequate emergency vehicle access a secondary
emergency access road shall be constructed to meet International
4 Fire Code standards in the general configuration shown on Sheet
three of three of the preliminary plat application plans revised5
as of April 27, 2005.
6
8. Based on the requirements of Chapter 17.30 (Subdivision Ordinance
7 6.3 and 6.4) no reduction, modification, waiver or exception to
8 standard road widths and design shall be allowed unless approved
by the Director of Public Works.
9
9. The subdivision roads shall be constructed in substantial
10 conformance with the design shown on the revised site plans
11 submitted April 27, 2005. The construction plans for any stream
crossing culvert shall include hydraulic analysis and shall
12 specify the size, centerline station and depth, length, grade,
skew angle and material for any proposed culvert. An HPA from
13 the Washington Department of Fish and Wildlife may be required.
14
10. Prior to commencing construction of roads on the site, the
15 applicant shall submit road and drainage plans to the Public
Works Department for review and approval. The roads shall be16designedandconstructedinconformancewithPublicWorks
17 Department standards including the guidelines of the American
Association of State Highway and Transportation Officials
18 AASHTO) and the standards of the Washington State Department of
19 Transportation (WSDOT) Highway Design and Hydraulics Manuals.
20 11. Prior to final plat approval the applicant shall reconstruct Teal
Lake Road from Mile Post 0.00 to MP 0.14 to a total paved width
21 of 38 feet and from MP 0.14 to MP.0.31 to a total paved width of
22 34 feet. The construction shall be subject to an agreement
between the applicant and Jefferson County. The work shall be
23 performed in conformance with Jefferson County's adopted
24
standards for design, construction methods, and materials. The
applicant shall be responsible for funding the total cost of
25 construction, including the development of roadway and drainage
plans, environmental review, permitting, project management, and
26 construction engineering and inspections. The applicant shall
27 reimburse Jefferson County for its reasonable costs related to
project oversight, plan review, and approval, inspections, and
28 administration.
29
Port Ludlow Associates Preliminary Plat Page l5 Findings,Conclusions
SUB05-00003 Olympic Terrace 2" and Decision
1 12. Roadway monuments shall be placed in monument cases that comply
with WSDOT standard plan H-7 and meet the requirements of WSDOT
2 Standards Specifications Section 8-13 and 9-22 . The monuments
3 shall be placed on the roadway centerline at all intersections
and points of curvature and tangency and at the radius point of
4 all cul-de-sacs.
5 13 . An agreement for the continued maintenance of Road D shall be
6 established either by recording a separate instrument and
referencing said instrument on the plat or by declaring the
7 agreement on the plat.
8 14. Based on the requirements of the Subdivision Ordinance (Section
9 6.404) and RCW 58.17.280, addresses shall be assigned to all
lots. Addresses may be shown on the final plat or may be applied
10 for at the time of building permit application.
11
15. Based on the requirements of Chapter 17.30.250, Road Approach
12 Permits shall be obtained from the Jefferson County Department of
Public Works for access to individual lots. The permit numbers
13 shall be referenced on the final plat or there shall be a notice
14 on the plat that road approach permits shall be obtained when
applying for building permits.
15
16. Based on the requirements of Chapter 17 .30 .280, the roads serving16thesubdivisionshallbenamed, and the name of the road shall be
17 shown on the final plat. It is required that the applicant
consult the Department of Public Works in reference to signing
18 and when selecting a name to avoid duplication of an existing
19 road name.
20 17 . Address plates for the lots shall be located in accordance with
Jefferson County 911 Emergency Locator System Ordinance
21 provisions.
22
18. Based on the requirements of Chapter 17 .30.240 all street signs,
23 traffic signs, and traffic striping shall be installed prior to
final plat approval.
24
25 19. A Storm Water Site Plan that includes a Large Parcel Erosion
Control Plan and a Permanent Stormwater Quality Control Plan
26 shall be submitted to the Jefferson County Department of Public
Works for review and approval prior to commencing land disturbing27
activity. The Stormwater Site Plan shall apply Minimum
28 Requirements # 1 through 11 from the Washington Department of
Ecology Stormwater Management Manual for the Puget Sound Basin.
29
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SUB05-00003 Olympic Terrace 2" and Decision
1 20. The applicant shall provide documentation from the designing
engineer that erosion control practices including storm water2qualitycontrolwerefullyimplementedduringtheconstruction
3 phase, in accordance with the Department of Public Works approved
plans. The documentation shall be submitted prior to final plat
4 approval and will include copies of reports from all monitoring
5 during construction.
6 21. The proponent shall enter into a Stormwater Management Facility
Maintenance Agreement with the County. After construction has
7 been completed, the Department will send the proponent a copy of
8 the Agreement that has been signed by the Public Works Director.
The Department cannot give final approval for the project until
9 the Agreement has been signed and filed with the Jefferson County
Auditor.
10
11 22 . After construction is complete, the proponent shall submit a
letter from the project engineer certifying that the stormwater
12 management facilities have been constructed as per the approved
13
plans. The Department cannot give final approval for the project
until this certification has been received.
14
23 . Based on the requirements of Chapter 17 .30 .290, if no development
15 of the lots is proposed at this time, the applicant shall state
16 on the face of the plat under "Notice to Potential Purchasers" :
17 Prior to the commencement of any land disturbing
activities and prior to issuance of a building permit, a
18 Small Parcel Erosion and Sediment Control Plan shall be
developed to the standards of the Jefferson County
19 Stormwater Management Ordinance and be submitted to the
Department of Community Development for review and
20
approval. Temporary erosion control Best Management
Practices shall be approved by the Department of Community
21 Development and implemented at all times during land
disturbing activities. "
22 24. Based on the requirements of Chapter 17 .30.350, construction of
23 roads and storm water facilities and/or site disturbing
activities requires that the applicant submit plans in accordance
24 with the Department of Public Work's plan review schedule, and,
25 the applicant shall notify the Department of Public Works during
various phases of construction in accordance with the
26 department 's inspection schedule. Typically the following
inspections are required:
27
28 Installation of temporary erosion and sediment control measures;
29 Clearing and road subgrade preparation;
Port Ludlow Associates Preliminary Plot Page l7 Findings,Conclusions
SUB05-00003 Olympic Terrace 2" and Decision
1 Application of gravel base;
2 Application of compacted crushed surfacing top course;
3 Construction of storm water management facilities;
4
Final plat review.
5
Additional inspections may be necessary based on site-specific
6 conditions or the nature of the project.
7
25. Temporary erosion control methods for construction purposes
8 roads, facilities) shall be approved by the Department of Public
Works and employed during construction. A set of approved plans
9
shall be on site at all times during construction.
10
26. Based on the requirements of Chapter 17 .30 .300, water main
11 extensions and water system improvements that may be required to
12 service the development shall be installed prior to final plat
approval. Extensions and improvements shall be in conformance
13 with the Ludlow Water System Plan, The Jefferson County
Coordinated Water System Plan and shall include acknowledgment
14 from Olympic Water and Sewer that water main extension have been
15 certified in accordance with the provisions of Chapter 246-290-
110 (2) WAC.
16
27. Based on the requirements of Chapter 17 .30.300, prior to final
17 plat approval, documentation shall be submitted from Olympic
18 Water and Sewer confirming and sewer systems have been
constructed in accordance with applicable state and local
19 standards.
20 28. Based on the requirements of Chapter 17 .30.350, performance
21 surety may be posted in lieu of completion of construction as
provided by 6.60, Jefferson County Subdivision Ordinance. The
22 applicant may enter into a surety agreement with the Department
23 of Public Works as an alternative to complete installation of
required improvements prior to final plat approval. The surety
24 may not exceed one (1) year, and must be in a form acceptable to
25
the County Prosecutor. Acceptable examples of sureties are
available from the Department of Public Works. All sureties must
26 be accompanied by an estimate of the cost of all improvements,
and the estimate must be approved by the Department of Public
27 Works prior to acceptance of surety.
28
29 . Based on the requirements of Chapter 17 .30.320 and prior to final
29 plat approval, the applicant shall provide written evidence from
Port Ludlow Associates Preliminary Plat Page 18 Findings,Conclusions
SU605-00003 Olympic Terrace 2" and Decision
1 Fire Protection District # 3 that the final design and
construction of the long plat will be in compliance with the
2 applicable provisions of the International Fire Code, and the
3 recommendations of the Fire District which are consistent with
State law.
4
30 . Based on the requirements of Chapter 17 .30 .350, the applicant
5
shall arrange for the inspection of all requiredpquired improvements
6 with the Department of Public Works, the Planning Department, or
Health Department, whichever is responsible. Inspections shall
7 be requested by the applicant at such stages as indicated by the
8 appropriate department.
g 31. In accordance with the applicable fee ordinance, the applicant
shall pay all costs of work incidental to approval of the
10 subdivision before final approval is granted.
11
32 . Prior to final approval by the Department of Public Works, the
12 applicant shall submit lot closures of the survey at least one
week in advance of approval. If lot closures are incomplete or
13 inaccurate, the Applicant shall make any corrections or additions
14 prior to final approval. After lot closures are approved by the
Department final fees will be calculated and submitted to the
15 applicant for payment.
16 33 . Upon certification that all conditions have been met, the
17 applicant shall submit a final Mylar of the plat to the
Department of Public Works at least three days in advance of
18 approval by the Director of Public Works.
19 34. Prior to final plat approval, the applicant shall document that
20 the proposal meets the requirements of Appendix D, Final Long
Plat Checklist.
21
22 DATED this 28th day of June 2005.
23
24 t
25
Iry Berteig
26 Jefferson County Hearing Examiner
ib
27
28
29
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SUB05-00003 Olympic Terrace 2" and Decision