HomeMy WebLinkAboutSDP2022-00020_01 APPROVED SHORELINE CONDITIONAL USE PERMITCarlson Shoreline Conditional Use Administrative Permit, SDP2022-00020
JEFFERSON COUNTY
DEPARTMENT OF COMMUNITY
DEVELOPMENT
621 Sheridan Street, Port Townsend, WA 98368 | Web: www.co.jefferson.wa.us/communitydevelopment Tel: 360.379.4450 | Fax: 360.379.4451 | Email: dcd@co.jefferson.wa.us
March 30, 2023 SUZANNE L CARLSON 3314 GREENWAY PL
PORT TOWNSEND, WA 98368 Re: Case # SDP2022-00020, PRJR2023-00001 Your Shoreline Administrative Conditional Use Permit was preliminarily approved by the Jefferson County on March 30, 2023. The Washington State Department of Ecology (ECY) will issue the final decision of this permit. Jefferson County will forward the proposal and preliminary conditional use approval after the 10-day appeal period ends, which would be Monday, April 10, 2023. ECY may take up to thirty (30) days to review the permit before issuing a decision to approve or deny the permit. Construction pursuant to this permit may not begin, nor is it authorized, until twenty-one (21) days from the date of approval with ECY as defined in RCW 90.58.140(5)(6) and WAC 173-14-090, or until all review proceedings initiated within twenty-one days from the date of such filing have terminated, except as provided in RCW
90.58.140(5a-c). You will receive notification from ECY of the filing date and the date construction may begin. If you have any questions, please contact the Department of Community Development at (360) 379-4454 –
scartmel@co.jefferson.wa.us or Lizzie Carp, Jefferson County's regional contact at ECY, at (564) 200-4184 - lcar461@ECY.WA.GOV.
Sincerely,
Shannen Cartmel
Department of Community Development Staff
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JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT UNIFIED DEVELOPMENT CODE TYPE II SHORELINE LAND USE PERMIT ADMINISTRATIVE SHORELINE CONDITIONAL USE PERMIT WASHINGTON STATE SHORELINE MANAGEMENT ACT (RCW 90.58) PROPONENT: SUZANNE L CARLSON 3314 GREENWAY PL PORT TOWNSEND, WA 98368 DATE ISSUED: March 30, 2023 DATE EXPIRES: March 30, 2028 CASE NUMBER: SDP2022-00020; PRJR2022-00001
PROJECT DESCRIPTION: SHORELINE CONDITIONAL USE ADMINISTRATIVE PERMIT for residential development
within a Natural Shoreline Jurisdiction. The scope of work includes a new single-family residence, a septic system, and a residential well. The proposed residence meets the required shoreline buffer and is 160 feet (150-foot buffer + 10-foot
building setback) away from the Ordinary High-Water Mark (OHWM). The septic system, well, and stormwater components shall meet the required shoreline buffer of 150 feet from OHWM. There is an associated Class IV General Stormwater
Review with SEPA, required to clear the property for residential development, also requires a Class IV Forest Practice Permit (FPA) from the Department of Natural Resources (DNR), case # ZON2022-00037. The applicant proposes to clear
a total of 27,850 square feet or approximately 0.65 acres of native vegetation outside of all shoreline buffer requirements. The applicant will utilize full dispersion for stormwater management. A geotechnical report to address the mapped
geologically hazardous areas was presented in conjunction with this application. The report was prepared by Stratum Group on October 3, 2022. There is a mapped Non-Fish Habitat stream on this parcel which is not present in the mapped
location, as confirmed by DNR during a site visit in July 2022. PROJECT LOCATION: Parcel # 001061005; Section 6 -Township 30 – Range 1W; TAX 9 WITH EASE; Port Townsend,
WA 98368 WATERBODY AND/OR ASSOCIATED WETLANDS: STRAIT OF JUAN DE FUCA SHORELINE OF STATE-WIDE SIGNIFICANCE: YES SHORELINE DESIGNATION: NATURAL CONDITIONS: Development pursuant to this permit shall be undertaken subject to the applicable policies and performance standards of the Jefferson County Shoreline Master Program and the following conditions: 1.) This is a conditional APPROVAL of a shoreline conditional use administrative permit from Jefferson County that requires a conditional use approval from the Washington State Department of Ecology (ECY). Activities approved under this conditional use permit shall not begin until ECY has issued its written approval of this shoreline application. 2.) This is a shoreline administrative conditional use APPROVAL for constructing a single-family residence, a septic system, stormwater dispersion trench and class IV general forest practice clearing in a natural shoreline jurisdiction. The clearing, septic system, and stormwater dispersion trench shall meet the 150’ required buffer. The single-family residence shall meet the 150’ buffer with the additional required 10’ building setback. 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. 3.) Work within jurisdiction of the Shoreline Master Program other than as described above shall receive separate review from this Department. 4.) Construction shall be in substantial compliance with the site plan revised on March 17, 2023, and conditionally approved by Jefferson County on March 21, 2023, as it exists now or is hereafter amended by Jefferson County and/or Washington Department of Ecology. 5.) Substantial progress towards completion of the project shall be performed within two years of the issuance of the permit. 6.) Authorization to conduct development activities shall terminate five years after the effective date of this permit; provided, that the shoreline administrator may authorize a single extension for a period not to exceed one year based on reasonable factors, if a request for extension has been filed before the
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expiration date and notice of the proposed extension is given to parties of record and the Department of Ecology. 7.) No construction activities or staging is permitted within the shoreline jurisdiction or shoreline buffer other than those activities expressly allowed in this permit.
8.) No fill or other materials may be placed in the waters or intertidal areas of Jefferson County. A building permit application approval shall be required from Jefferson County prior to any construction
activities. 9.) A Geotechnical Report by Stratum Group dated October 3, 2022 was submitted in conjunction with
this application on December 2, 2022. The report addressed the stability of the geologic hazard area. A vegetative buffer of 150 feet shall be permanently maintained from the Ordinary High-Water
Mark (OHWM). All buffers shall be measured perpendicularly from the top of the Landslide Hazard Area. A Notice to Title has been signed and recorded under AFN 659570. 10.) A septic permit application approval shall be required from Jefferson County Department of Environmental Health prior to any land disturbing work 11.) A building permit application approval shall be required from Jefferson County Department of Community Development prior to any land disturbing work. 12.) A Class IV General stormwater permit application approval shall be required from Jefferson County DCD and a Class IV General Forest Practice Permit from DNR shall be required prior to any grading or land disturbance. 13.) 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. FINDINGS: 1.) The Administrator finds that this application complies with applicable provisions of the Jefferson
County Unified Development Code (JCC), all other applicable ordinances and regulations, and is consistent with the Jefferson County Comprehensive Plan and Land Use map.
2.) The County held a pre-application meeting for this proposal with ECY and the applicants on October 14, 2022, under PRE2022-00030 as required per JCC 18.40.090(2).
3.) The Comprehensive Plan Designation for parcel 001061005 is Rural Residential 1:10. The shoreline designation is Natural. 4.) The proposal is within shoreline jurisdiction and is subject to the development regulations in the Shoreline Master Program (JCC 18.25). 5.) JCC Table 18.25.220 authorizes single-family residential and normal appurtenances in the Natural Shoreline Designation as a Shoreline Conditional Use Administrative Permit. 6.) JCC 18.25.270(2) Regulations – No Net Loss and Mitigation. Staff Comment: The proposal avoids impacts to shoreline disturbance by developing landward of the required shoreline buffer. The proposed single-family residence and septic system are modest and the area of new disturbance is minimal. As conditioned to comply with the SMP regulations, the project is consistent with No Net Loss requirements. 7.) JCC 18.25.270(4)(d) requires a 10’ building setback. The applicant’s proposal is consistent with this regulation. 8.) JCC 18.25.270(4)(e)(i) designates the standard buffer for marine shores to be 150’ measured landward in a horizontal direction perpendicular to the ordinary high-water mark (OHWM) of the
shoreline water body. The applicant’s proposal meets the required buffer. 9.) JCC 18.25.280 Historic, archaeological, cultural, scientific and educational resources
Staff Comment: The application was sent to the Washington Dept. of Archaeology and Historic Preservation (DAHP) and to local tribes. The Jamestown S’Klallam Tribe requested that the applicants follow the standard inadvertent discovery plan (IDP) for cultural resources and that the IDP be available on-site during all ground disturbing activities. The project is conditioned to follow
an IDP as requested. 10.) JCC 18.25.290 Public Access Staff Comment: The proposal is consistent with public access policies and regulations. Single-family residential developments consisting of four or fewer residential lots or dwelling units shall not be required to provide public access. 11.) JCC 18.25.300 Shoreline setbacks and height Staff Comment: The proposal is consistent with shoreline setbacks and height regulations. No aspect of the proposal will encroach waterward of the standard shoreline buffer.
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12.) JCC 18.25.310 Vegetation Conservation Staff Comment: The proposal does not involve altering any existing vegetation within the
standard buffer. 13.) 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)] (8) Single-Family Residences. Construction on shorelands by an owner, lessee, or contract purchaser of a single-family residence for their own use or for the use of their family, which residence does not exceed a height of 35 feet above average grade level and that meets all requirements of the state agency or local government having jurisdiction thereof. Single-family residence means a detached dwelling designed for and occupied by one family including those structures and developments within a contiguous ownership, which are a normal appurtenance as defined in Article II of this chapter. Staff Comment: The proposal is exempt from obtaining a substantial development permit because it is a single-family residence. 14.) JCC 18.25.500 Residential Development: a) Residential use and development shall be planned, designed, located, and operated to avoid adverse impacts on shoreline processes, aquatic habitat, biological functions, water quality, aesthetics, navigation, and neighboring uses. Staff Comment: The proposal will not cause any adverse impacts on shoreline processes because all ground disturbance will be landward of the standard shoreline buffer. 15.) This project was reviewed and approved as a Shoreline Exemption from a Shoreline Substantial Development Permit (SSDP) under JCC 18.25.560(8) for single family residences
16.) The proposal is within shoreline jurisdiction designation natural and is subject to the development regulations in the SMP for Conditional Use Permit Criteria JCC 18.25.590 and to the regulations
for Jefferson County Conditional Use Permit Criteria JCC 18.40.530. 17.) JCC 18.25.590 (2) (a) through (e) lists Conditional Use Permit Criteria:
(a) That the proposed use will be consistent with the policies of RCW 90.58.020 and this program. (b) That the proposed use will not interfere with normal public use of public shorelines.
(c) That the proposed use of the site and design of the project will be compatible with other permitted uses within the area. (d) That the proposed use will not cause adverse effects to the shoreline environment in which it is to be located. (e) That the public interest suffers no substantial detrimental effect. Staff Comment: Jefferson County finds that the project is consistent with this criterion because the proposal is consistent with the policies of RCW 90.58.020 and JCC 18.25 Shoreline Master Plan, the proposal does not interfere with public use of the shorelines because it is located on residentially zoned land, the proposal is consistent with other residential uses in the area, the proposal will result in no net loss of shoreline ecological function with buffer implementation and best management practices (BMPs), and the project results in no substantial detrimental effects to the public interest. 18.) JCC 18.25.590(3) states “In the granting of all conditional use permits, consideration shall be given
to the cumulative environmental impact of additional requests for like actions in the area. For example, if conditional use permits were granted for other developments in the area where similar circumstances exist, the sum of the conditional uses and their impacts should also remain consistent with the policies of RCW 90.58.020 and should not produce a significant adverse effect
to the shoreline ecological functions and processes or other users.” Staff Comment: The project does not adversely affect shoreline ecological function as and
processes or other users views because the applicants are complying with the required buffer that would be required for any other similar proposal; therefore, the cumulative impacts of other projects under similar circumstances would not adversely affect shoreline ecological function and processes or other users.
19.) JCC 18.15.040 Allowable and Prohibited Uses: JCC 18.15.040(Table 3-1) Allowable and Prohibited Uses: Single Family Residences in Rural
Residential 1 Dwelling Per 10 Acres (RR 1:10) acres is a “yes” use. Staff Comment: Single-family residential use is an allowed use on the subject property.
20.) Chapter 18.22 JCC - Critical Areas: The proposal is required to comply with the critical area regulations for marine nearshore habitats (Fish and Wildlife Habitat Conservation Area), non-fish habitat stream (incorrectly mapped), seismic hazard, unstable shoreline slope, high-landslide hazard, susceptible critical aquifer recharge area, and coastal seawater intrusion protection area.
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Staff Comment: The non-fish stream and associated 50-foot buffer is located off site per a site visit by DNR. The proposal will not affect this stream. The applicants have submitted a geotechnical report by Stratum Group to address the seismic hazard, unstable shoreline slope, and high-landslide hazard. The report concludes that the proposal being setback 150 feet, places
the development outside of any expected shoreline bluff retreat areas, landslide hazards, or seismic hazard areas. The proposal is located within a SIPZ zone. The proposed project will not adversely affect the SIPZ. All stormwater disposal will be infiltrated in accordance with JCC 18.22.120(3) Applicability. There are mandatory and voluntary actions for development within a High Risk SIPZ. The voluntary measures are a condition of approval. The mandatory actions are not applicable because the residence relies on an existing water supply for the residence.
The Fish and Wildlife Habitat Conservation Area (150 feet of the marine shoreline containing federally listed species) has been addressed in the submitted No Net Loss Report as well as Shoreline Master Program review. The application was noticed to state agencies and tribes. There were no comments that the proposal would adversely impact fish, wildlife, or sensitive habitat in
the project area. The Mitigation Planting Plan was reviewed by the DCD staff and was determined that the proposal would expect to compensate for the development impacts with DCD conditions
incorporated into this approval. 21.) Chapter 18.30.070 Stormwater management standards. 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. Staff Comment: The project will be reviewed in accordance with the Department of Ecology Stormwater Management Manual for Western Washington for full dispersion. 22.) 18.40.220(2) Notice of application – Public Comment. Comment Periods for Permits Under the Jefferson County Shoreline Master Program (SMP). The content of notice under the SMP shall be identical to the notice set forth in JCC 18.40.190 except that: The public may provide comments on a shoreline development permit application for 30 calendar days after the notice of application (notice for shoreline permits is longer than the comment period for other Type II and III permits pursuant to RCW 90.58.140(4)); Staff Comment: The notice of application was combined with SEPA notice of application and published on January 11, 2023. The comment period remained open for 30 days and closed on February 10, 2023. 23.) JCC 18.40.530(1): The county may approve or approve with modifications an application for a conditional use permit if all of the following criteria are satisfied: (a) The conditional use is harmonious and appropriate in design, character and appearance with the existing or intended character and quality of development in the vicinity of the subject property and with the physical characteristics of the subject property; (b) The conditional use will be served by adequate infrastructure including roads, fire protection, water, wastewater disposal, and stormwater control; (c) The conditional use will not be materially detrimental to uses or property in the vicinity of the subject parcel; (d) The conditional use will not introduce noise, smoke, dust, fumes, vibrations, odors, or other conditions or which unreasonably impact existing uses in the vicinity of the subject parcel; (e) The location, size, and height of buildings, structures, walls and fences, and screening vegetation for the conditional use will not unreasonably interfere with allowable development or use of neighboring properties; (f) The pedestrian and vehicular traffic associated with the conditional use will not be hazardous to existing and anticipated traffic in the vicinity of the subject parcel; (g) The conditional use complies with all other applicable criteria and standards of this title and any other applicable provisions of the Jefferson County Code or state law; and more specifically, conforms to the standards contained in Chapters 18.20 and 18.30 JCC; (h) The proposed conditional use will not result in the siting of an incompatible use adjacent to an airport or airfield; (i) The conditional use will not cause significant adverse impacts on the human or natural environments that cannot be mitigated through conditions of approval; (j) The conditional use has merit and value for the community as a whole; (k) The conditional use is consistent with all relevant goals and policies of the Jefferson County Comprehensive Plan; and (l) The public interest suffers no substantial detrimental effect. Consideration shall be given to the cumulative effect of similar actions in the area. Staff Comment: The surrounding properties are developed as single-family residential uses and
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the proposal is harmonious and characteristic of the surrounding vicinity. The proposal meets all requirements for infrastructure, roads, fire protection, water, wastewater disposal, and stormwater control as required by single-family residences. All of the subsequent required permits will be reviewed and approved only if all requirements are met. The proposal will not be materially
detrimental due to its nature of residential use and will not introduce any additional noise, smoke, dust, fumes, vibrations, odors and other conditions other than what is expected for development of single-family residential homes. The applicants are proposing a modest home consistent with all size, height, and other development standards for single-family residential development. The application and subsequent applications meet and will be required to meet all provisions of Jefferson County Code, state law, building requirements, and septic requirements. There will be no
significant adverse impacts on the human or natural environments because the proposal meets all required buffers for critical areas and shorelines. The conditional use provides another residence for the citizens of Jefferson County amid a housing crisis. The conditional use meets all goals and policies of the Jefferson County Comprehensive Plan as required for single-family residential uses.
The public interest will not suffer, because this proposal is a private single-family residential development located on a parcel zoned for residential use.
24.) JCC 18.40 Article X (18.40.700 through 18.40.810): The proposal complied with the State Environmental Policy Act (SEPA), which was required for a Class IV General Stormwater
Conversion to be followed by a Class IV General Forest Practice Permit from DNR. Once triggered for a permit review, SEPA applies to the entire proposal. SEPA was noticed in combination with
the notice of application for a Type II Shoreline Conditional Administrative Use Permit on January 11, 2023. The comment period was open for 30 days, until February 10, 2023, as required by
Jefferson County Code (JCC) 18.40.220(2)(a). A SEPA determination of non-significance was issued by Jefferson County SEPA Responsible Official on February 14, 2023.
25.) The revised site plan as submitted with the shoreline conditional use application for a single-family residence and associated normal appurtenances on March 17, 2023, has been reviewed for consistency under the UDC, and has been approved by Jefferson County Department of Community Development. Any modifications, changes, and/or additions to the stamped, approved site plan dated March 30, 2023, shall be resubmitted for review and approval by Jefferson County Department of Community Development.
NOTICE: Construction pursuant to this permit will not begin nor is it authorized until twenty-one (21) days from the date of filing as defined in WAC 173-27-130 or until all review proceedings initiated within twenty-one days from the date of such filing have terminated, except as provided in RCW 90.58.140(5a-c). Construction or substantial progress toward construction of the permitted development shall begin within two (2) years from the date of this permit and completion of the permitted development shall be accomplished within five (5) years from the date of this permit. Nothing in this permit shall excuse the permittee from complying with applicable local, state, or federal ordinances, or regulations consistent with RCW 90.58. Development pursuant to this permit shall be undertaken subject to the applicable policies and performance standards of the Jefferson County Shoreline Master Program and the Jefferson County Unified Development Code. If during excavation or development of the site an area of potential archaeological significance is uncovered, all activity in the immediate area shall be halted, and the Administrator shall be notified at once.
March 30, 2023
Josh D. Peters, Jefferson County Community Development Deputy Director,
Unified Development Code Administrator, SEPA Responsible Official