HomeMy WebLinkAboutDecision Discovery Bay Golf Course SUB05-00022
OFFICE OF THE HEARING EXAMINER
JEFFERSON COUNTY
REPORT AND DECISION
CASE NO.: Long Subdivision and Planned Rural Residential Development
SUB05-00022; MLA05-000286
APPLICANT WeFore LLC, Mike Asmundson
:
REPRESENTATIVES: Jerry Smith
SUMMARY OF REQUEST
:
The applicant proposes to subdivide 200+ acres into 48 residential lots using the Jefferson
County Code (JCC) provisions governing long plats and Planned Rural Residential
Developments. The project seeks to utilize the clustering provisions of the JCC in order to
obtain maximum allowable density of 20% per Article VI-M of JCC 18.15 Planned Rural
Residential Developments (PRRDs). The PRRD includes the renovation of an existing 18-
hole golf course which will be maintained in a reserve tract wherein septic tank drainfields
and stormwater detention facilities will be located. The site is currently referred to as
Discovery Bay Golf Club and is located at 7401 Cape George Road, Port Townsend,
Washington. The site is zoned Rural Residential (RR1.1..5)
SUMMARY OF DECISION
:
Request granted, subject to conditions.
PUBLIC HEARING
:
After reviewing the Jefferson County Department of Community Development and
examining available information on file with the application, the Examiner conducted
a public hearing on the request as follows:
The hearing was opened on September 8, 2006, at 2:15 p.m.
Parties wishing to testify were sworn in by the Examiner.
The following exhibits were submitted and made a part of the record as follows:
?
1
Appearing was GABRIELA E. ORNALES who asked to speak first. She presented and
read Exhibit A, which was admitted into evidence. Exhibit A is a letter written by her
husband supporting the golf course and indicating their appreciation of Mr. Asmundson's
approach to this development.
Appearing was STACY HOSKINS who is the department senior manager project planner,
who presented the staff report which with Exhibits 1-142 which were admitted into
evidence. Thereafter, she summarized the staff report. This application involves a 200
acre site which contains an 18 whole golf course. The first nine wholes are the oldest
continuing golf course in the state of Washington. The site has historic significance. The
proposal is to subdivide this parcel into 48 lots with the reserve tract area containing a golf
course, septic tank, drainfields, and stormwater detention facilities. Applicant is attempting
a cluster approach and utilizing the maximum density of 20% pursuant to Title 18.15 of the
Jefferson County Code.
Staff recommends approval with 97 conditions. Exhibit 40 is a memo with additional
conditions which the staff is proposing. Immediately before the hearing, the applicant
asked for permission to phase this project construction. One cluster of homes at a time.
Staff was unsure about this approach because of the fact that all the conditions would
have to be done immediately and staff review did not include a phased in approach.
Appearing was MIKE ASMUNDSON. He indicated that they would like to develop this in
separate phases doing each cluster separately, however, he does not want the request to
phase to delay this project any longer. He submitted Exhibit B which was a series of
requests to change proposed conditions. He indicated that he had consulted with a land
use attorney. They had gone over the County's recommended conditions and he was
requesting that the Examiner consider each of the suggested amendments to conditions in
Exhibit B. He indicated that this would probably be the last public golf course in the state
of Washington. Economics just do not support public golf courses. He felt that this was a
beautiful parcel. Profit from the planned residential development is intended to provide
economic support for the golf course. The golf course needs substantial attention and they
are trying to do it in ways which minimize damage to the environment. They believe when
they are finished, they will have one of the outstanding golf courses and residential areas
in the state of Washington. They are on the cutting edge as far as their approach to their
development, one in which they will be using porous roads that absorb the water rather
than having runoff and other approaches which are cutting edge environmentally. Their
intent is to minimize the impact on the environment.
Appearing was TIM McGUIRE, a neighbor immediately adjacent to the parcel. He had
several questions about the impacts upon his residence and there was a question/answer
period between the two.
Appearing was JOHN DORE, another neighbor who also joined in questions. There was
?
2
another question/answer period, that concerned Larry Scott Trail, which Mr. Asmundson
has agreed to develop on portions which crossed his land.
At the request of the applicant, the Examiner left the record open for the applicant and the
staff to consider the applicant's request to phase this project. On October 3, 2006 staff
forwarded to this Hearing Examiner their recommendation approving a phasing plan based
upon conditions as set out in their proposed Findings, Conclusions, and
Recommendations, Exhibit 146.
No one spoke further in this matter and the parties agreed that this proposal would be
taken under advisement for the Stacy Hoskins and Mike Asmundson to get together to
discuss the contents of Exhibit B and phasing. They will get back to the Examiner in the
next week to two weeks with a written recommendation. Any disputes that need to be
resolved, the Examiner will review. The hearing was concluded.
NOTE
: A complete record of this hearing is available in the office of Jefferson
County Department of Community Development.
FINDINGS, CONCLUSIONS AND DECISION
:
FINDINGS
:
1. The Hearing Examiner has heard testimony, admitted documentary evidence into
the record, reviewed the same, and taken this matter under advisement.
2. Appropriate notice was provided pursuant to Jefferson County Code (JCC) as set
out on page 2 of the staff report (Exhibit 137) which is hereby incorporated by
reference as though fully set forth.
3. A Determination of NonSignificance was issued by the responsible official on
August 2, 2006. No appeals were filed from said determination. During the hearing
process, the applicant indicated that they wished to challenge some of the
provisions set out in the mitigated DNS. The applicant however did not challenge
any of these provisions during the appeal time and at this point, his objections to
those provisions are deemed waived.
4. The applicant has a possessory interest in a 200+ acre, irregularly shaped parcel of
property located east of Cape George road and west of Discovery Road and north
of where these two roadways intersect. This site is located on the Olympic
Peninsula approximately five miles southwest of Port Townsend in unincorporated
Jefferson County. Discovery Bay Golf Course is located on approximately 120
acres of the 200-acre site. Most of the far northeast and western portions of the site
are in a relatively undisturbed, natural condition as is a fairly large corridor of
?
3
natural vegetation which extends north-south throughout the length of the site and
is only partially broken. The topography varies from level to slight slopes. Roughly
28 acres of the western portion of the parcel are timbered. Three wetlands exist on
the northwest portion of the property.
5. The applicant proposes to subdivide this 200+ acre site using the long plat and
PRRD provisions of the JCC to subdivide the property into 48 lots and revitalize an
existing golf course. The applicant submitted a completed application on May 9,
2005 and therefore is vested to develop consistent with the laws and ordinances in
effect on that date of application. See Weyerhaeuser v. Pierce County, 95 Wn.
App. 833 (1999); Beach v. Board of Adjustment, 73 Wn. 2d 343 (1968).
6. The site plan for the project indicates that there will be five separate, clustered
neighborhoods which will be at least 600 feet apart and it describes them as
follows:
A. The Ridge which will sit on 4.6 acres and involve 12 lots for an average lot
size of 16,687 square feet;
B. The Woodlands which will involve 3.5 acres and six lots for an average lot
size of 25,446 square feet;
C. The Highlands comprising 14.41 acres and a lot count of 14 with an average
lot size of 44,834 square feet;
D. The Meadows which will involve 6.7 acres and 10 lots with an average lot
size of 29,204 square feet; and
E. Lilly Pond with 3.71 acres and six lots for an average lot size of 26,994
square feet.
The site plan indicates that approximately 81.67% of the site will be open space.
The Lilly Pond and Highlands clusters will have access off of South Discovery
Road. Roads entering each of the clusters will be gated. The remaining clustered
neighborhoods will have access off of Cape George Road.
7. At the hearing on September 8, 2006 the applicant requested permission to phase
development of his project with the Ridge, followed subsequently by the Meadows
and Lilly Pond, and finishing with the Highlands and the Woodlands. He proposed
that the SEPA conditions be completed prior to final plat of any neighborhood.
Details of wetland mitigation plans, such as size, type, and density will be submitted
and approved prior to the Ridge, Phase I receiving final plat designation.
Implementation of said mitigation plan will coincide with the construction of Phase II
when the actual impact occurs. The bus shelter for Jefferson County Transit,
according to the applicant, would be completed as soon as possible, however if the
transit is unavailable for some time, completion should occur once the bus route is
en route to service residents and at the paved entrance of Discovery Bay.
?
4
8. The narrative submitted by the applicant indicates the project for the PRRD is a
central component to the preservation of this historic golf course. The original nine
holes of the former Chevy Chase Golf Course now called Discovery Bay Golf Club,
was open for play in 1925 and is considered the oldest continually operated public
facility in the state of Washington. The current owners are proposing a de-minimus
development of clustered residential communities to be tucked into the wooded
areas surrounding the course itself. The applicant's goals are to:
1. Create a distinctive residential community that has a wide array of residential
products, types, and sizes, each one adapted to the site's topography, native
vegetation, existing golf course and view corridors.
2. Create an architectural product that presents its historic and rural character,
utilizing natural materials in both traditional and innovative applications.
3. Group or cluster residential units at densities that produce functioning
neighborhoods while reserving large and more contiguous tracts of
undisturbed land and/or managed open space.
4. Minimize builder's footprint on land during and after construction through
effective site planning and architectural guidelines and to create a distinctive
residential community today that is unparalleled but one day becomes the
standard.
According to the testimony of the applicant, it is their desire to use the profits from
the residential development to plow into the golf course to keep it open and develop
it in an aesthetically pleasing way which will preserve the natural characteristics of
the site.
9. The staff report, Exhibit 137, adequately sets out the proposed findings,
conclusions, and recommendations and is hereby approved and incorporated by
reference as though fully set forth.
10. As previously stated, the applicants are requesting a long plat approval and a
planned rural residential development authorization (PRRD). The PRRD is seeking
to develop 48 new single-family residential units and includes the renovation of the
existing 18 hole public golf course. The proposed PRRD project also includes
additional recreational features such as an extension of the Larry Scott trail to Cape
George road and a public dog park. Applicant's request involves utilization of the
clustering provisions of the JCC and maximum allowable bonus density of 20%
pursuant to JCC 18.15. The golf course, septic drainfields, and stormwater
detention facilities are to be located within the reserve tracts totaling 5% of the site.
11. The renovation of the existing golf course and development of the residential areas
will include the relocation of the existing golf course access approximately 175 feet
?
5
northwest of its present location. The intent of the relocation is to combine
residential and golf course access for added safety and improved intersection sight
distance conditions. The road vacation of Harrison Street is part of the relocation of
the right-of-way, it was approved by the County Hearing Examiner at a hearing,
which opened on May 16, 2006.
12. Jefferson County PUD provided a water availability notification (Exhibit 8) dated
April 25, 2005 indicating that the applicant's proposal will be served by public water.
This satisfies the provisions of JCC 183.30.030. In addition to the water from
Jefferson County PUD No. 1, there are two existing wells on the site which will
provide water for irrigation purposes. PUD No. 1 of Jefferson County will provide
water from LUD No. 3 water system for this project. The developer has submitted
the preliminary plans to DCD, see Exhibit 130.
13. The applicant intends to use individual onsite septic systems and community
drainfields. The Washington State Department of Health has submitted Exhibit 92
which contains comments concerning the ability of site soil for sewage treatment.
Test hole pits at the site were observed and the site appeared to be suitable for the
proposed large, onsite systems in conformance with JCC 18.30.040.
14. As set out on page 19 of 41 of staff report, the proposed preliminary plat meets the
applicable density, dimension, and open space standards of JCC 18.30.050.
15. The Jefferson County Public Works department has provided analysis of road right-
of-way and slope issues and recommended mitigation measures in its SEPA
comment memorandum dated December 14, 2005. Said comments were included
within the Mitigated Determination of NonSignificance, Exhibit 108. With those
conditions in place, staff has indicated that the proposal is consistent with JCC
18.30.020(5). See also Exhibit 15, Traffic Impact Analysis prepared by Geralyn
Reinartpe.
16. A condition of approval herein requires compliance with the provisions of JCC
18.30.060 and 18.30.070. The applicant will be required to comply with the
Washington State Department of Ecology Stormwater Management Manuel for
Western Washington. The application discusses the proposed approach to
stormwater management which is to implement low impact of development best
practices and the site depicts the design and location of the best management
practices. Environmental checklist discusses chemical use on the golf course,
including fertilizer and herbicides. The proposed site has a stream and wetlands
and is a critical aquifer recharge area. Minimal and appropriate chemical use is an
important surface water and ground water quality issue. These issues have to be
addressed. As indicated, review of these issues should be reviewed by an
independent third party.
?
6
17. As previously stated, the proposed road and lot design utilizes low impact
development (LID features including minimized road width, porous pavement, rain
garden strips along roads, and preservation of onsite visitation.) These features
minimize impervious surface and stormwater runoff and maximize infiltration. Staff
has indicated that the initial segment of Lawrence Road should be designed as a
commercial access to accommodate traffic generated by residential development
and the golf course. Beyond the golf course entrance, staff indicates that the roads
may be designed appropriate to standards for low volume and low speed local
access. Hudson Road, Erslo Road, and Bonney Lane, which are all interior roads,
can be designed to appropriate standards for low volume and low speed local
access. Staff has identified a potential for conflict between fire safety issues and
minimizing the amount of impervious surface. A condition of approval herein
requires compliance with JCC 18.30.080.
18. Currently, there is no public transit service available to the site. However, the
proposal depicts a bus shelter on Lawrence Road, near Cape George Road.
Transit service would also require a provision for a bus pullout. Prior to
construction, details of the shelter and bus pullout will need to be approved by
Jefferson County and Public Works. A condition of approval herein requires
construction prior to final plat approval. Although the applicant seeks to delay
construction of the bus shelter, due to the absence of scheduled transit service, a
bus shelter is a necessary part of development for school children requiring bus
transportation.
19. The application includes the construction of a trail system for public use extending
from South Discovery Road to Cape George Road. The trail system will include
three rest areas with benches which will be located in areas to maximize views for
people using the trail. The applicant will connect the trail system to Cape George
Road in the vicinity of the golf course entrance and the Larry Scott trail easement
on the northern boundary of the site. The MDNS sets out several conditions for this
trail system.
20. Road signs and traffic signs will be installed in conformance with JCC 18.30.080.
Although the proposal does not include access to the public road system at two
different locations for each of its roads, staff has indicated that the proposal
generally is consistent with UDC requirements considering the proposed
emergency vehicle access.
21. Trail system and the Jefferson Transit bus stop appears to make appropriate
provisions for school and public transit buses.
22. The Jefferson County Comprehensive Plan land use map designates the subject
?
7
parcels Rural Residential (RR5) one dwelling unit per five acres.
23. The applicant believes that their project is in conformance with the County's 1998
Comprehensive Plan in that they are attempting to maintain and preserve the
natural beauty, rural character, and variety of lifestyles that make up the intrinsic
character of this community and they are attempting to protect and conserve the
local natural resource bay, balancing both habitat and economic values and they
are attempting to reinforce and enhance the historic sense of place and community
around traditional population centers.
24. The proposed 48 lot subdivision of 200+ acres conforms to the underlying density
and with the surrounding parcels utilizing the clustering provisions for PRRD and
therefore is consistent with LPN 3.3.1A and B of the Comprehensive Plan.
25. This project has been submitted for a wetland review and analysis. Exhibits 12;
Wildlife Report, Exhibit 13; Architectural review, Exhibit 14; Traffic Impact Analysis,
Exhibit 15; sanitary sewer review and analysis, Exhibit 16; Stormwater Management
Analysis, Exhibit 17; Wetland Delineation Report, Exhibits 22 and 62; Biological
Hazard Assessment and Analysis, Exhibits 48, 49, 59; Wetland Wildlife review of
buffer mitigation plan, Exhibit 72; and Geological Hazard Analysis, Exhibit 60. The
proposal was subject to environmentally sensitive area review, Exhibit 1, page 70-
82; Aquifer recharge analysis and Critical Fish and Wildlife Habitat and Wetland
Analysis, consistent with the provisions of LPN 14.1.
26. The applicant's proposal will utilize Cape George Road and existing County local
access road. Internal private roads are proposed to access single-family
residences and public trails are proposed within the site, consistent with LPN 17.1.
27. The project is also consistent with LPN 21.1 in that it provides for clustering of
residential areas by providing for 81.67% of the proposed site left to open spaces
and reserve tracts. As previously stated, the existing golf course will be located in
the reserve tract.
28. A condition of approval herein requires compliance with the latest addition of the
Department of Ecology stormwater management manual for Western Washington
consistent with LPN 25.1.
29. The applicant has requested a long subdivision. Long subdivisions are governed
by JCC 18.35.270. Specifically it indicates that long subdivisions shall include all
divisions of land into five or more lots and shall require improvements so that any
development will be in compliance with this Code and any other codes or
ordinances which may apply. The applicant's request to divide 200 acres into 48
lots is consistent with this definition. JCC 18.35.310 sets out the approval criteria
?
8
that must be used considering long subdivisions.
30. As previously stated, the project provides for 81.67% of the site to be placed in
open space and therefore the site is in excess of what is required in JCC
18.15.490(1)(A). It is also consistent with JCC 18.15.490(2)(3) and (4) in that the
reserve tracts will be owned by separate corporations and that the open space will
be preserved as open space in perpetuity that the community's water system, septic
drain systems, and stormdrainage facilities serving the PRRD will be located within
the limits of the reserve tracts as well as the golf course.
31. The PRRD is governed by JCC 18.15.475 which states that "the purpose of this VI-
M is to implement the Jefferson County Comprehensive Plan by promoting creativity
in site layout and design, allowing flexibility in the application of the standards for
residential development in rural, residential, and agricultural districts." The
applicant's proposal involves 200+ acres and is consistent with maximum land area
provisions of JCC 18.15.485(2)(A). The site is also consistent with the provisions of
18.15.485(4) in that the applicant is proposing clusters which will be separated to
provide visual relief and maintain rural character. As suggested, the applicant's
proposal attempts to separate the clusters by natural topographical features of the
site, including but not limited to environmentally sensitive areas, water courses, and
ridges, and the residential clusters are in excess of 600 lineal feet as required by
the Ordinance.
32. The narrative (Exhibit 1) of the applicant indicates that the applicant is attempting
an innovative residential development which is attempting to minimize impact on the
environment and maximize the features of the site. The applicant is proposing the
innovative development consistent with the provisions of JCC 18.15.515 through
the use of clustered housing, density bonuses, lot size averaging, flexible yards,
and residential types. The applicant is requesting a deviation from maximum
density to allow for bonus density consistent with the provisions of JCC 18.15.520.
Bonus densities are intended to provide the incentive to encourage development of
more affordable housing, provide additional public amenities, or preserve valuable,
natural or culture resources and features. The satisfaction of any bonus density
criteria as specified in Section 4 of this ordinance is considered to be in the public
interest and worthy of a bonus density.
33. JCC 18.15.520 sets out the criteria for the approval of bonus densities.
Consideration shall be given to but not necessarily limited to the following criteria:
A. Preservation of a natural, historical, and cultural features. The proposed
project is for a PRRD as an essential component of a historic golf course
preservation plan as previously stated. The golf course was renamed
Discovery Bay following a recent purchase from its owners, the Bailey family.
?
9
The original nine holes of the Chevy Chase Golf Course opened for play in
1925 and it is considered the oldest continually operated golf facility in the
state of Washington. The applicant's proposal also includes minimum
disturbance of natural features with the preservation of a unique, historical or
cultural feature, preservation of open space, and preservation of scenic
resources.
B. Public service and facility availability. The application includes the
construction of 1.8 miles of trails for pedestrian and bicycle use for future
residents as well as the community in general. The trails will link the Larry
Scott Trail with Cape George Road to the south and have an internal loop
which will include overlook rest areas, or small pocket parks located
strategically along the pass which will be about eight feet in width and
composed of gravel surface meandering through the site. In addition, a
public off-leash dog park is proposed where people can come and relax
while they and their pets socialize.
C. Energy efficiency. The applicant intends to establish a new standard in
sustainable, green architecture that includes a requirement for southern
orientation of residential units, added window glazing and insulation levels,
reduced pathway sections, the use of all native materials reducing water and
power consumption with minimal maintenance requirements once
established.
D. Public recreation. Discovery Bay Golf Club is the only 18 hole affordable
public facility in Jefferson County. The improvements to the golf course will
make it more challenging and also create year round playing conditions.
The applicant does not intend to change the course's rural atmosphere but
merely enhance it. It is the intent of the applicant to make this facility always
affordable for residents of Jefferson County.
E. Environmental Design. The project preserves and utilizes existing natural
drainage courses for conveyance of storm waters through open space to
several detention bases within the golf course. A public trail system is being
provided along with a dog park and public golf course. The CCNRs will
ensure that the landscape restoration is based upon an understanding of
how ecosystems work. That methodology includes consideration of species
requirements, maintenance of natural areas and biological diversity. Island
biology, landscape ecology and ecosystems. The combined analysis of
these disciplines has lead to the recognition that specific principles that can
be applied to managed parcels of land to maintain and restore natural
diversity. Exhibit 81, submitted by the applicant, indicates that homes will be
built to meet second level built, green program as administered by Jefferson
County Homebuilders Association, Built Green Certification Program. The
applicant's proposal includes design attributes which provide public benefit
in addition to those required by local, state, or federal land use health or
environmental regulations. As indicated above, the applicant does satisfy
?
10
the criteria for bonus density of 20%. The applicant satisfies at least five of
the criteria set out by the County Commissioners.
34. The applicant has requested a modification of the development standards for lot
size in order to allow for clustering of units and maximization of open space. The
criteria for approval of alternative development standards are set out in JCC
18.55.525(3)(A). As the following indicates, the applicant's request does meet the
criteria for modification of the development standards in that staff has indicated that
the PRRD is compatible with the surrounding properties, especially as it relates to
landscaping and buffering, public safety, site access and circulation, and
architectural design of buildings and harmonious use of materials. The applicant is
taking advantage of the unique characteristics of the property to develop and
preserve its characteristics. The arrangements of buildings and open spaces has
maximizes the amount of open space that will be preserved. The visual impact of
the PRRD upon the surrounding area will be minimized as each cluster will have its
own individual, private neighborhood. The public will benefit by the alteration of the
development standards by being provided a golf course, trail, dog park, and
maintenance and improvement of a historic and cultural resource. The individual
residences will be designed to be energy efficient. Architectural design submitted
by the applicant reflects a safe design which will harmoniously integrate building
structures and other elements into the natural setting.
35. JCC 18.15.530 contains the criteria necessary for preliminary approval of the
PRRD. That criteria is virtually identical to the criteria set out in JCC 18.35.310 for
the approval of a long plat. The following analysis is applicable to both provisions.
1. The proposed PRRD conforms to the JCC Comprehensive Plan to all
provisions of the JCC that are not proposed for modification and to all other
local, state, and federal regulation policies or plans, except those proposed
for modification as set out previously herein and according to the staff
memorandum. The staff utilities and other public and private facilities
necessary to serve the needs of the PRRD and long plat application have
been made available. Open spaces are provided consistent with the PRRD
and long plat requirements. Proposed development and drainage ways will
be designed and constructed in compliance with the DOE Stormwater
Management Plan Manual for Western Washington, according to conditions
herein. Roads and other public ways are designed consistent with the
development standards set out in JCC 18.30. Potable water is provided to
serve the site. The site contains two wells which provide water for irrigation.
Facilities are required for this development and will be furnished apparently
at a later date. Wastewater disposal is accommodated for by a community
drainfield. Parks are proposed within the reserved tracts. Port Townsend
School District serves this area via access to acceptable school bus stops at
?
11
the entrance of the PRRD and therefore the development standard would be
safe for students, in accordance with the provisions of PRRD and a long plat.
2. As previously found, no significant environmental impacts were identified
during review under SEPA. An MDNS has been issued herein and no
significant environmental impacts were identified during the review.
Therefore, the project meets the requirements as set out for a long plat and
PRRD.
3. The project will serve the public use and interest by providing a recreational
area open to the public, housing to meet local housing needs, and trails and
parks to benefit the public enjoyment. Adequate provisions have been made
for the public health, safety, and general welfare as reflected in the various
reports submitted in support of this request and the previous findings,
consistent with the requirements of a long plat and PRRD.
4. The proposed long plat and PRRD satisfies the criteria set forth for a long
plat and preliminary plat approval.
5. The proposed long plat and PRRD will be superior to and more innovative
than conventional development of this site into 40 individual residential lots
and will provide greater public benefit by providing a golf course, trails,
parks, to benefit the public than would be available through the use of
conventional zoning or development standards.
36. The conditioned project will meet the requirements of JCC 18.15.530(2) and
18.35.310(2).
37. Consistent with JCC 18.15.530(3) the preliminary approval contained herein allows
installation of roads and utilities to serve the final plat consistent with the conditions
placed on this approval. This document does not constitute approval to obtain
building permits or other project construction thereof.
38. A condition of approval herein indicates that prior to final approval, the applicant
shall submit updated CCNRs for review of consistency with this decision. The
applicant's request is therefore in conformance with JCC 18.15.540.
CONCLUSIONS
:
1. The Hearing Examiner has jurisdiction to consider and decide the issues presented
by this request.
2. The proposed long plat and PRRD is consistent with the policies of Rural
Residential (RR5) of the Comprehensive Plan and satisfies all the bulk regulations
of the Rural Residential zone classification of the JCC. The project also satisfies
?
12
the requirements for a long plat and PRRD.
3. The proposed long plat and PRRD makes appropriate provisions for the public
health, safety, and general welfare for open spaces, drainage ways, streets, roads,
alleys, other public ways, water supplies, sanitary waste, transit stops, parks,
playgrounds, sites for schools, schoolgrounds, and safe walking conditions.
4. The proposed long plat and PRRD will serve the public use and interest by
providing an attractive location for single-family residential subdivision in a rural
setting. The site will also provide for public recreation, and development in an
environmentally friendly and therefore should be approved subject to the following
conditions:
1. Prior to conducting land-disturbing activity on the site, the proponent shall
submit a Stormwater Site Plan to Jefferson County Department of Public
Works for review and approval.
2. For land clearing and residential backyard burning, please contact
Olympic Region Clean Air Agency at 1-800-422-5623 for burning
regulations. The applicant shall contact Olympic Region DNR at 360-
374-6131 to obtain a DNR burning permit for silvicultural burning.
3. The applicant shall submit a golf course management plan (GCMP) that
establishes protocols for chemical use to reflect course modifications and
updated practices. The applicant shall enter into an agreement with
Jefferson County to pay for third party review of the GCMP.
4. A design for the proposed LOSS must be submitted to Washington State
Department Of Health (WSDOH) for review and approval prior to
construction of the system. After construction is complete, but before the
drainfield is covered, a representative from WSDOH must inspect the
installation and conduct a pressure test. The LOSS shall be approved
prior to final plat approval.
5. Any discharge of sediment-laden runoff or other pollutants to waters of
the state is in violation of Chapter 90.48, Water Pollution Control, and
WAC 173-201A, Water Quality Standards for Surface Waters of the State
of Washington, and is subject to enforcement action.
6. Erosion control measures must be in place prior to any clearing, grading
or construction. These control measures must be effective to prevent
stormwater runoff from carrying soil and other pollutants into surface
water or storm drains that lead to waters of the state. Sand, silt, clay
?
13
particles, and soil will damage aquatic habitat and are considered to be
pollutants.
7. Proper disposal of construction debris must be on land in such a manner
that debris cannot enter the wetlands, streams, natural stormwater
drainage patterns or cause water quality degradation of state waters.
8. Coverage under the National Pollution Discharge Elimination System
(NPDES) and State Waste Discharge General Permit for Stormwater
Discharges Associated with Construction Activities is required for
construction sites which disturb an area of one acre or more and which
have or will have a discharge of stormwater to surface water or a storm
sewer. An application can be downloaded from Ecology’s website at
http://www.ecy.wa.gov/programs/wq/stormwater/construction/#Application
or you can contact Joyce Smith at (360) 407-6858 for an application form.
9. Soil in stockpiles should be stabilized or protected with sediment-trapping
measures to prevent soil loss. All exposed areas of final grade or areas
that are not scheduled for work, whether at final grade or otherwise, shall
not remain exposed and un-worked for more than two days, between
October 1 and April 30. Between May 1 and September 30, no soils shall
remain exposed and un-worked for more than 7 days.
10. Clearing limits and/or any easements or required buffers should be
identified and marked in the field, prior to the start of any clearing grading,
or construction. Some suggested methods are staking and flagging or
high visibility fencing.
11. All temporary erosion control systems should be designed to contain the
runoff from the developed two year, 24-hour design storm without eroding.
12. Provisions should be made to minimize the tracking of sediment by
construction vehicles onto paved public roads. If sediment is deposited, it
should be cleaned every day by shoveling or sweeping. Water cleaning
should only be done after the area has been shoveled or swept.
13. Wash water from paint and wall finishing equipment should be disposed
of in a way which will not adversely impact waters of the state or violate
state law.
14. Parcels participating in the Designated Forest Land assessment program
will need to be removed from the program and compensating tax paid
prior to final signature on the final plat mylar by the Treasurer.
?
14
15. Prior to final plat approval, the applicant shall submit a detailed report
“Mitigation Plan” to Jefferson County for review and approval describing
the proposed mitigation, a maintenance and monitoring plan, and
performance surety to ensure success of the revegetation efforts.
16. Prior to final plat approval, the proponent shall implement the mitigation
plan.
17. The mitigation plan states that the survival rate for the planted vegetation
in monitoring year 1 should be 90%. The landscape contractor should
guarantee 100% survival rate for the planted vegetation in monitoring
year 1. Any plants that are not alive for the first year of monitoring shall
be replanted. The survival rate of 85% for subsequent years is allowable
18. Monitoring shall be conducted for five years, with monitoring reports
submitted annually to Jefferson County Department of Community
Development.
19. Construction activities due to this proposal shall comply with Chapter 173-
60 WAC, Maximum Environmental Noise Levels.
20. The proponent shall construct a trail system for public use extending from
S. Discovery Road to Cape George Road in substantial conformance with
the trail system depicted on the proponent’s Trail Exhibit 1B dated
08/26/2005.
21. Trail system design shall conform to commonly accepted standards for
width, structural section, grade, drainage, surfacing, and signage. In order
to ensure an appropriate design, the proponent shall submit a detailed
trail plan and specifications to the Jefferson County Public Works
Department for review and approval prior to construction of the trail.
22. In order to provide access to the onsite trail system, the proponent shall
connect the trail system to Cape George Road in the vicinity of the golf
course entrance and to the Larry Scott Trail easement on the northern
boundary of the site.
23. In order to provide a connection to S. Discovery Road and to the planned
extension of the Larry Scott Trail to Four Corners, the proponent shall
construct the Larry Scott Trail east along the northern site boundary to S.
Discovery Road and south along S. Discovery Road approximately 1,300
feet to connect with the Larry Scott Trail on the east side of S. Discovery
Road. The design for the Larry Scott Trail shall conform to Jefferson
?
15
County’s adopted design standards for the Larry Scott Trail.
24. In order to provide a connection between the Larry Scott Trail easements
on the western and eastern sides of S. Discovery Road, the proponent
shall dedicate to Jefferson County a 30 feet wide trail easement that
extends the existing easement on the west side of S. Discovery Road
south approximately 240 feet.
25. In order to ensure continuing public use of the onsite trail system, the
proponent shall provide an appropriate easement or agreement for
continuing public use of the trail system. The easement or agreement
shall be established by a dedication on the face of the plat or through
another instrument acceptable to Jefferson County. The easement or
agreement may include reasonable limits on the public’s use of the trail
including prohibiting motorized and equestrian use. The easement or
agreement shall be submitted to Jefferson County for review and
approval.
26. In order to ensure on-going public use of the trail system, the proponent
shall make appropriate provision for maintenance and repair of the onsite
trail system by the golf course owner, the PRRD homeowners association,
or a third party acceptable to Jefferson County. The proponent shall not
be responsible for trail maintenance on the Larry Scott Trail easement.
27. The proponent shall convey to Jefferson County by quit claim deed any
interest in the area lying within 30 feet of the existing centerline of S.
Discovery Road.
28. The proponent shall grant slope easements to Jefferson County not
exceeding 10 feet in width adjoining the S. Discovery Road and Cape
George Road rights-of-way as necessary to construct a roadway with a 22
feet wide traveled way, 6 feet wide shoulders, 4:1 ditch foreslopes, and
2:1 ditch backslopes.
29. The proposal shall comply with the 2003 International Fire Code.
30. Prior to final plat approval, the proponent shall submit three copies of a Fire
Protection Plan for review and approval by Jefferson County Department of
Community Development in cooperation with Public Works and East
Jefferson County Fire Protection District. This plan shall address the
following items:
a. Fire protection water supply should be sized to provide 2-hour duration
minimum of a planned 1000 gallons per minute minimum fire flow at 20 psi
?
16
residual from at least two [2] simultaneous flowing fire hydrants, with the
stated residual pressure designed above the minimum State domestic water
pressure minimum requirements.
b. Fire hydrants are normally required on 500-foot intervals, however, the
design of the lot clusters will require fire hydrants that additionally, “book-
end” each cluster of lots.
c. Proposed roadway surface and width standards for emergency services
delivery shall be a minimum of sixteen [16] feet and shoulder widths
additional, but shall not be less than Jefferson County standards for greater
width requirements.
d. Intermediate turn-outs provisions [or termed “bulb-outs} will be required
between each lot cluster to allow for emergency vehicle staging area[s],
amongst other more traditional uses, but subject to Fire Code Official design
standards.
e. The proposed “no outlet” road way that serves the northerly cluster of lots
shall be provided an approved vehicle turnaround designed consistent with
the International Fire Code standards for same.
31. Prior to construction, the location and details of the shelter and bus
pullout shall be provided to Jefferson Transit and Jefferson County
Department of Public Works for review and approval. Said details shall
make provisions for Jefferson Transit bus circulation within the site to
ensure the bus presents the passenger door to people waiting at the
proposed stop. On-site circulation required shall be brief and allow for
expeditious passage for transit vehicles on and off the site.
32. To be able to provide ADA mandated service delivery within the proposed
development, the bus pullout shall provide a 96-inch deep (measured
from the curb of the roadway) firm stable surface for deployment of the
vehicle’s lift to maneuver a wheelchair beyond the end of the lift. The 96-
inch surface shall be a minimum of 60-inches in width (measured parallel
to the vehicle roadway) and shall be connected to a firm, stable surfaced
pathway.
33. To be able to provide ADA mandated service delivery within the proposed
development, Jefferson Transit vehicles shall be able to drive to within
75-feet of the door to each residence. Within the residential
development Configuration of the residential sites shall allow the lift of
the transit vehicle to access a 3-foot wide sidewalk or driveway.
34.
Prior to construction, a building permit application for the bus shelter shall
be submitted to the Department of Community Development for review
and approval.
?
17
35. The applicant shall document to the Public Works Department that the
proposed road easements for Lawrence Road and the emergency access
road are adequate for the construction and maintenance of the roads, trails,
and utilities. If they are not adequate, additional easements or slope
easements may be required.
36. The applicant shall document to the Public Works Department that the
proposed road easements for Lawrence Road and the emergency access
road are adequate for the construction and maintenance of the roads, trails,
and utilities. If they are not adequate, additional easements or slope
easements may be required.
37. Prior to final plat approval or reconfiguring the golf course access, the
proponent shall receive approval from Jefferson County to vacate Harrison
Street.
38. An agreement for the continued maintenance of the roads shall be
established either by recording a separate instrument and referencing said
instrument or by establishment of said agreement by declaration on the plat.
The applicant shall submit the agreement to the Public Works Department for
review and approval prior to final plat approval.
39. Access to S. Discovery Road and Cape George Road shall be depicted on
the final plat.
40. All easements of record shall be graphically portrayed on the final plat with
the Auditor's File Number (AFN) of the easement(s) also referenced on the
face of the plat.
41. The design of the access roads shall provide adequate road capacity, safety
features, and emergency vehicle access while also implementing Low Impact
Development features.
42. Road widths less than 20 feet may be allowed, provided that there are
adequate features for fire and emergency access and the Jefferson
County Fire Marshall concurs.
43. Prior to commencing road construction, the proponent shall submit
engineered road and drainage plans to the Public Works Department for
review and approval. The roads shall be designed and constructed in
conformance with Public Works Department standards. The American
Association of State Highway and Transportation Officials (AASHTO)
?
18
Guidelines for Geometric Design of Very Low-Volume Roads (2001) and
the Low Impact Development Technical Guidance Manual for Puget
Sound (2005) may be used for design guidance.
44. The following information shall be provided on the road plans:
?
Identify which typical section would be used for each road or road
segment,
?
Centerline stations and points of curvature and tangency,
?
Culvert diameter, centerline station, slope, and skew angle,
?
Horizontal curve data on appropriate sheets,
?
Road profiles and vertical curve data, and
?
Details for the bus pullout and shelter on Lawrence Road.
45. The project engineer shall submit an analysis of the sight distance at the
intersection of Cape George Road and Lawrence Road.
46. The project engineer shall demonstrate that the proposed horizontal and
vertical alignment of the initial 600 feet segment of Lawrence Road makes
adequate provision for safety.
47. Approval of the road plans by the Department shall require confirmation from
the Jefferson County Fire Marshall that the design of the proposed
emergency access road and the residential access roads with widths less
than 20 feet make adequate provision for fire and emergency vehicle access.
48. An approved set of road plans shall be on site during construction.
49. Prior to final plat approval, the applicant shall provide certification from the
project engineer that the roads have been constructed as per approved
plans.
Prior to commencing trail construction, the proponent shall submit trail plans
?
to the Department for review and approval. The proposed routes shall
minimize the extent of steep trail grades while also avoiding conflict with the
golf course. The trail plans should specify the typical section proposed for
particular trail segments. The trail plans shall provide adequate trail width
based on projected use and location.
A trail easement and/or use agreement providing for continuing public use
?
shall be submitted to the Department for review and approval and
referenced on the final plat.
50. Prior to commencing land disturbing activity, the proponent shall submit a
?
19
Stormwater Site Plan that meets Minimum Requirements #1-#10 from the
Washington Department of Ecology Stormwater Management Manual for
Western Washington to the Jefferson County Public Works Department for
review and approval
51. The Stormwater Site Plan shall include a Golf Course Management (GCM)
Plan that discusses proposed chemical use and potential impacts to
surface water and groundwater, proposes Best Management Practices to
minimize chemical use on the golf course, and establishes protocols for
appropriate use that will minimize impacts. Prior to final plat approval, the
Plan shall be reviewed at the proponent’s expense by a qualified third
party acceptable to Jefferson County. Based on those comments, the
County may require revisions to the Plan.
52. In order to meet the requirements of the Jefferson County Unified
Development Code and the Washington Department of Ecology Stormwater
Management Manual for Western Washington Minimum Requirement #10
Operation and Maintenance and to ensure that the approved stormwater
management facilities are appropriately maintained for the life of the project,
Jefferson County requires the proponent to enter into a Stormwater
Management Facility Maintenance Agreement with the County. The
Agreement shall address stormwater management facilities, implementation
of the Golf Course Management Plan, and maintenance and preservation of
Low Impact Development Best Management Practices implemented for the
residential development. The Agreement shall also specify that the proponent
shall submit an annual report to the Stormwater Administrator that addresses
maintenance of stormwater management facilities, implementation of the Golf
Course Management Plan, and maintenance and preservation of Low Impact
Development Best Management Practices. Prior to final approval of the
project, the Department will send a copy of the Agreement that has been
signed by the Public Works Director to the applicant. The Department will not
give final approval for the project until the Agreement has been signed by the
proponent and filed with the Jefferson County Auditor and the original
agreement has been submitted to the Department.
53. After construction is complete, the proponent shall submit a letter from the
project engineer certifying that the stormwater management facilities and Low
Impact Development features have been constructed as per the approved
plans. The Department will not give final approval for the project until this
certification has been received.
54. Addresses shall be assigned to all lots. Addresses may be shown on the final
plat or may be applied for at the time of building permit application.
?
20
55. Address plates for the lots shall be located in accordance with the provisions
of the Jefferson County 911 Emergency Locator System Ordinance.
56. A design for the proposed LOSS must be submitted to WSDOH for review
and approval prior to construction. After construction is complete, but
before the drainfield is covered, a representative from WSDOH must
inspect the installation and conduct a pressure test.
57. Soil test pits shall be graphically portrayed on the face of the final plat.
58. Sewage line installation, extension or expansion shall be completed to
each parcel prior to final plat approval.
59. Water line installation, extension or expansion shall be completed to each
parcel prior to final plat approval.
60. The Large On-Site System (LOSS) designer shall certify the LOSS ws
designed and constructed in compliance with JCC 18.30.180, On-site
sewage disposal best management practices in critical aquifer recharge
areas.
61. The applicant shall contact Jeff Marti at Washington State Department of
Ecology (360) 407-0275 to confirm the irrigation system has obtained
adequate water rights.
62. The final plat shall depict the easement for Douglas Way in the northeast
corner of the project site. The building envelope for Lot 6 of Lily Pond
Development shall not conflict with the easement.
63. The following notices are conditions of approval for this proposal and
shall be placed under "Notice to Potential Purchasers" on the final plat:
1) 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.
2) In all critical aquifer recharge areas, stormwater runoff shall be
controlled and treated in accordance with best management practices
and facility design standards as identified and defined in the
Stormwater Management Manual for Western Washington and the
stormwater provisions contained in Chapter 18.30 JCC.
3) To help prevent seawater from intruding landward into underground
?
21
aquifers, all new development activity on within one-quarter mile of
any marine shoreline shall be required to infiltrate all stormwater
runoff on site. The administrator will consider requests for exceptions
to this policy on a case-by-case basis. This provision is interpreted as
establishing a hierarchy in which the first and best alternative is on-
site infiltration using drywells or other methods, the second best
alternative is direct discharge into marine waters through a
stormwater tightline. In order to utilize the least preferred alternative,
which is considered an exception to the policy, applicants must
demonstrate through a geotechnical or similar report prepared by a
licensed professional that both on-site infiltration and upland off-site
disposal are not practicable or feasible. The report must include cost
figures for comparison.
4) On-Site Sewage Disposal.
a) All land uses identified in JCC 18.15.240 and special aquifer
recharge protection areas that are also classified as
susceptible aquifer recharge areas (as defined in this
article) shall be designated areas of special concern
pursuant to WAC 246-272-21501.
b) Such designation shall identify minimum land area and best
management practices for nitrogen removal as design
parameters necessary for the protection of public health and
groundwater quality.
c) On-site sewage disposal shall comply with JCC 18.30.180, On-
site sewage disposal best management practices in critical
aquifer recharge areas.
5) Above-ground tanks shall be fabricated, constructed, installed,
used and operated in a manner which prevents the release of
hazardous substances or dangerous wastes to the ground or
groundwater. Above-ground storage tanks intended to hold or store
hazardous substances or dangerous wastes are provided with an
impervious containment area, equivalent to or greater than 100
percent of the tank volume, enclosing and underlying the tank, or
ensure that other measures are undertaken as prescribed by the
Uniform Fire Code which provide an equivalent measure of
protection.
6) An applicant submitting a project application shall also submit, and
have approved, a drainage and erosion control plan.
7) The identified Fish and Wildlife Habitat Area (Type 5 Stream), shall
maintain a vegetative buffer setback of 25-feet beyond the top of
the slope of the ravine.
?
22
8) An additional setback of five (5) feet is required from the edge of
the streamside buffer area to any proposed development.
9) Streamside buffer perimeters shall be marked with temporary signs
at an interval of one per parcel or every one hundred (100) feet,
whichever is less. Signs shall be in place prior to and during
construction activities. The signs shall contain the following
statement: "Buffer - Do Not Remove or Alter Existing Vegetation."
10) In all critical aquifer recharge areas, golf courses shall be
developed and operated in a manner consistent with “Best
Management Practices for Golf Course Development and
Operation,” King County environmental division (now: department
of development and environmental services), January 1993.
Recreational and institutional facilities (e.g., parks and schools)
with extensive areas of cultivated turf shall be operated in a
manner consistent with portions of the aforementioned best
management practices pertaining to fertilizer and pesticide use,
storage, and disposal. In seawater intrusion protection zones, golf
courses and other turf cultivation using groundwater for irrigation
shall be prohibited, unless the water source is located outside of
seawater intrusion protection zones or in an approved public water
supply.
11) A Coastal SIPZ is defined as: all islands and area within one-quarter
mile of marine shoreline, but no history of chloride concentration
above 100 mg/L in groundwater sources within 1000 feet. Parcels
located within a Coastal SIPZ are encouraged to implement the
following voluntary Water Conservation Measures:
1. Roof and other intercepted precipitation shall be routed to on-site
detention ponds and/or other approved means and allowed to be
released to the soil slowly.
2. Water collected from Storm water and roof catchments may be
used for watering lawns and gardens. Unless catchment water
has been treated to meet drinking water standards, there shall
be no cross connections allowed between the potable supply
and impounded water.
3. Water withdrawn from wells on each property shall not be used
for watering of lawns and/or gardens.
4. Ground water withdrawn from each property shall be restricted to
a rate of three (3) gallons per minute.
5. Installation of water conserving fixtures such as low flow toilets,
faucets and shower restrictors and other water saving plumbing
fixtures.
6. Landscaping plan (xeriscaping, native vegetation with minimal
?
23
amounts of irrigation).
Please NOTE that the above listed measures are not intended to be
exhaustive, but rather is intended to be illustrative of the types of water
conservation measures.
12) A building setback line of five feet is required from the edge of the
stream and wetland buffer areas.
13) Stream and wetland buffers shall be retained in their natural
condition, however, minor pruning of vegetation to enhance views
or provide access may be permitted as long as the function and
character of the buffer are not diminished.
14) A permanent physical separation along the boundary of the buffer
area shall be installed and permanently maintained. Such
separation may consist of logs, a tree or hedge row, or other
prominent physical marking approved by the administrator.
15) Buffer perimeters shall be marked with temporary signs at an
interval of one per parcel or every 100 feet, whichever is less.
Signs shall remain in place prior to and during approved
construction activities. The signs shall contain the following
statement: “Buffer – Do Not Remove or Alter Existing Native
Vegetation.”
16) All work areas, including stockpiling of soils, must be located
outside of wetland and stream buffers.
17) Accessory Dwelling Units. One accessory dwelling unit is permitted
per legal lot of record as an accessory to an existing single-family
dwelling; provided, that the following requirements are met:
(a Maximum Size. An accessory dwelling unit shall have a
maximum size of 1,250 square feet of gross floor area.
(b) Owner Occupied. To obtain an accessory dwelling unit
(ADU) designation, the owner of the subject property shall
reside on the premises, either in the main or accessory
dwelling.
(c) Certificate of Occupancy. A certificate of occupancy is
required pursuant to the Uniform Building Code and shall be
obtained from the building official and posted within the
ADU. The code inspection and compliance required to
obtain a certificate of occupancy in an existing building shall
be restricted to the portion of the building to be occupied by
an ADU and shall apply only to new construction, rather
than existing components.
(d) Outbuildings. Outbuildings may be constructed or expanded
to accommodate an ADU within the structure. ADUs
established in these outbuildings shall not be larger than
?
24
1,250 square feet in floor area.
(e) Exterior Entrance. In order to preserve the outward
appearance of single-family neighborhoods, the front of the
house shall have only one exterior entrance. A separate exit
doorway to the outside is required for each dwelling unit.
(f) Water and Wastewater Disposal Service. Prior to obtaining
a permit to construct or place an ADU, the applicant shall
provide proof of an adequate potable water supply as
provided in RCW 19.27.097 and applicable regulations and
policies established by the Jefferson County board of health
or the Jefferson County board of commissioners, and proof
of on-site septic system approval from the Jefferson County
department of environmental health.
(g) Accessory dwelling units shall not be travel trailers,
recreational vehicles, buses, truck storage containers, or
similar manufactured units which are not originally intended
to be used for residences and built to the Uniform Building
Code adopted by Jefferson County.
18) Outdoor Residential Storage Outdoor residential storage shall be
maintained in an orderly manner and shall create no fire, safety,
health or sanitary hazard
19) Not more than two unlicensed or inoperable vehicles shall be
stored on any lot less than one-half acre unless totally screened
from view of neighboring dwellings and rights-of-way. Such
screening shall meet all applicable performance and development
standards specific to the district in which the storage is kept, and
shall be in keeping with the character of the area. Screening shall
meet the requirements of Chapter 18.30 JCC. Outdoor storage of 3
or more unlicensed or inoperable vehicles is prohibited. In no
case, shall any such unlicensed or inoperable vehicles be stored in
an environmentally sensitive area
20) Exterior lighting for residential uses shall not exceed twenty feet (20’)
in height from the finished grade excepting when such lighting is an
integral part of building or structure. Ground level lighting is
encouraged.
21) Exterior lighting shall be energy efficient and shielded or recessed so
that direct glare and reflections are contained within the boundaries of
the parcel.
?
25
22) Exterior lighting shall be directed downward and away from adjoining
properties and public rights-of-way. No lighting shall blink, flash, or be
of unusually high intensity or brightness.
23) All lighting fixtures shall be appropriate in scale, intensity, and height
to the use they are serving.
24) Any further subdivision of the lots within this plat will be subject to
the densities permitted in the Jefferson County Ordinances and
Codes in effect at time of such application. These lots may or may
not be further subdivided in the future.
25) Approval of this subdivision does not constitute approval of
building or sewage disposal permits on each lot. Permit approval
will be subject to building lot plans, type of use, contours, and soils
on individual lots. Permits will be reviewed in accordance with site
conditions and regulations existing on the date the permit are
applied for.
26) Any removal of or major disturbance of soil within the proposed
drainfield areas may create site conditions that are unacceptable of
the installation of sewage disposal systems.
27) Developable area is defined as the area of land which is not
constrained from development by land use restrictions.
Development shall comply with all federal, state and local setback
requirements.
28) Any further subdivision of the lots within this plat will be subject to
the densities permitted in the Jefferson County Ordinances and
Codes in effect at time of such application. These lots may or may
not be further subdivided in the future.
29) Approval of this subdivision does not constitute approval of
buildings or sewage disposal permits on each lot. Permit approval
will be subject to building lot plans, type of use, contours, and soils
on individual lots. Permits will be reviewed in accordance with site
conditions and regulations existing on the date the permits are
applied for.
64. The Coastal Seawater Intrusion Protection Zone shall be depicted on the
plat.
65. The Susceptible Aquifer Recharge Area shall be depicted on the plat.
?
26
66. All stream crossings shall comply with the following minimum development
standards:
(a) The design of stream crossings shall meet the requirements of the
Washington Department of Fish and Wildlife. Fish passage shall be
provided if necessary to address manmade obstructions on-site. Other
alternatives may be allowed upon a showing that, for the site under
review, the alternatives would be less disruptive to the habitat or that
the necessary building foundations were not feasible. Submittal of a
habitat management plan (Mitigation Plan) which demonstrates that
the alternatives would not result in significant impacts to the fish and
wildlife habitat area (FWHA) may be required;
(b) Crossings shall not occur in salmonid spawning areas unless no other
reasonable crossing site exists. For new development proposals, if
existing crossings are determined to adversely impact salmon
spawning or passage areas, new or upgraded crossings shall be
located as determined necessary through coordination with the
Washington State Department of Fish and Wildlife;
(c) Bridge piers or abutments shall not be placed either within the
floodway or between the ordinary, high water marks unless no other
reasonable alternative placement exists;
(d) All stream crossings shall be required to pass 100-year projected
flood flows, even in non-fish bearing Type 4 and 5 streams. In
addition, crossings for Type 1, 2 or 3 should allow for downstream
transport of large woody debris;
(e) Crossings shall serve multiple properties whenever possible; and
(f) Where there is no reasonable alternative to providing a culvert, the
culvert shall be the minimum length necessary to accommodate the
permitted activity as reviewed and approved by WDFW.
67. All land divisions, as allowed by Chapter 18.35 JCC, or as a PRRD as
regulated in this chapter, shall comply with the following development
standards:
(a) In order to avoid the creation of nonconforming lots, each new lot shall
contain at least one building site that meets the requirements of this
code, including buffer requirements for FWHAs. This site must also
have access and a sewage disposal system location that are suitable
for development and does not adversely impact the FWHA.
(b) After preliminary approval and prior to final land division approval, the
common boundary between a required buffer and the adjacent
property shall be identified using appropriate signs as specified in this
article. In lieu of signs, alternative methods of buffer identification may
?
27
be approved when such methods are determined by the administrator
to provide adequate identification to the buffer and the FWHA.
(c) Buffer areas shall be dedicated as permanent open space tracts,
functioning as sensitive areas buffers.
68. Utilities. Placement of utilities within designated fish and wildlife habitat areas
may be allowed pursuant to the following standards:
(a) Construction of utilities may be permitted in FWHAs or their buffers,
only when no practicable or reasonable alternative location is
available and the utility corridor meets the requirements for
installation, replacement of vegetation and maintenance outlined
below. Utilities are encouraged to follow existing or permitted roads
where possible.
(b) Construction of sewer lines or on-site sewage systems are not
permitted in FWHAs or their buffers, except that they may be
permitted in a buffer area when the applicant demonstrates it is
necessary to meet state and/or local health code requirements; there
are no other practicable alternatives available; and construction meets
the requirement of this article. Joint use of the sewer utility corridor by
other utilities may be allowed.
(c) New utility corridors shall not be allowed in FWHAs with known
locations of federal or state-listed endangered, threatened or sensitive
species, except in those circumstances where an approved habitat
management plan is in place.
(d) Utility corridor construction and maintenance shall protect the
environment of fish and wildlife habitat areas and their buffers.
i. New utility corridors shall be aligned when possible to avoid
cutting trees greater than 12 inches in diameter at breast
height (four and one-half feet) measured on the uphill side.
ii. New utility corridors shall be revegetated per the Mitigation
Plan with appropriate native vegetation at not less than
preconstruction vegetation densities or greater, immediately
upon completion of construction or as soon thereafter as
possible due to seasonal growing constraints. The utility shall
ensure that such vegetation survives for a three-year period.
69. Bank Stabilization. A stream channel and bank, bluff, and shoreline may be
stabilized when naturally occurring earth movement threatens existing legal
structures (structure is defined for this purpose as those requiring a building
permit pursuant to the Uniform Building Code), public improvements, unique
natural resources, public health, safety or welfare, or the only feasible access
?
28
to property, and, in the case of streams, when such stabilization results in
maintenance of fish habitat or improved water quality. Bluff, bank and
shoreline stabilization shall follow the standards of the Jefferson County
Shoreline Master Program, geologically hazardous areas provision in this
chapter, and the floodplain management ordinance.
70. The administrator may require that bank stabilization be designed by a
professional engineer licensed in the state of Washington with demonstrated
expertise in hydraulic actions of shorelines. For bank stabilization projects
within FWHAs, emphasis shall be placed on bioengineering solutions
(vegetation versus hard surfaces) unless proved by the applicant to be
infeasible. Bank stabilization projects may also require a hydraulic project
approval from the Washington Department of Fish and Wildlife which will be
determined after consultation with WDFW.
71. Forest Practices, Class IV General. Timber harvesting with associated
development activity involving land conversions from forest use, or otherwise
meeting the DNR definition as a Class IV General application, shall comply
with the provisions of this article, including the maintenance of buffers, where
required. If any timber harvesting is proposed within the FWHA or its buffer,
impacts to the buffer or FWHA shall be addressed by the Mitigation Plan.
72. Any private or public road or street expansion or construction which is
allowed in a fish and wildlife habitat area or its buffer shall comply with the
following minimum development standards:
(a) No other reasonable or practicable alternative exists and the
proposed road or street serves multiple properties whenever possible;
(b) Public and private roads are encouraged to provide for other
purposes, such as utility crossings, pedestrian or bicycle easements,
viewing points, etc.;
(c) The road or street construction is the minimum necessary, as required
by the department of public works’ guidelines. Minimum necessary
provisions may include projected level of service requirements; and
(d) Construction time limits shall be determined in consultation with the
Washington Department of Fish and Wildlife in order to ensure
species and habitat protection.
73. Outdoor Recreation, Education and Trails. Activities and improvements which
do not significantly affect the function of the fish and wildlife habitat area or
regulated buffer (including viewing structures, outdoor scientific or
interpretive facilities, trails, hunting blinds, etc.) may be permitted in FWHAs
or their buffers.
?
29
(a) Trails and other facilities shall, to the extent feasible, be placed on
existing road grades, utility corridors, or other previously disturbed
areas;
(b) Trails and other facilities shall be planned to minimize removal of
trees, shrubs, snags and important wildlife habitat;
(c) Viewing platforms, interpretive centers, benches and access to them,
shall be designed and located to minimize impacts to wildlife, fish, or
their habitat and/or critical characteristics of the affected conservation
area;
(d) Trails, in general, shall be set back from streams so that there will be
minimal impact to the stream from trail use or maintenance. Trails
shall be constructed with pervious surfaces when feasible and trails
within a FWHAs are not intended to be used by motorized vehicles.
74. Vegetation Retention. The following provisions regarding vegetation
retention shall apply:
(a) All trees and understory lying outside of road rights-of-way and utility
easements shall be retained (except for hazard trees) during clearing
for roadways and utilities; provided, that understory damaged during
approved clearing operations may be pruned.
(b) Damage to vegetation retained during initial clearing activities shall be
minimized by directional felling of trees to avoid critical areas and
vegetation to be retained.
(c) Retained trees, understory and stumps may subsequently be cleared
only if such clearing is necessary to complete the proposal involved in
the project application.
75. Upon approval of the Mitigation Plan, the location of the outer extent of
required buffers shall be marked in the field and depicted on the plat.
76. Wetland boundaries along the north and west side of Wetland A must be
delineated prior to preparing the mitigation plan so all potential impacts to
the wetland, stream, and buffers can be evaluated in the mitigation plan.
77. Information submitted by the applicant must identify the wetland category
for all wetlands on the plat and plat drawings must show the buffers for
each wetland identified.
78. All drawings submitted by the applicant should be labeled as shown in the
Wetland Report prepared for the project, and Wetland B should be
identified as a Category III wetland with a 50-foot buffer.
?
30
79. Utility line easement to the residential development must be located
outside of wetlands, streams, and buffers to the extent possible. For any
unavoidable impacts to sensitive areas and associated buffers, mitigation
must be provided and described in the Mitigation Plan.
80. Construction of roads cannot adversely affect the quantity and timing of
water flowing from the uplands (e.g., The Meadows) to the wetlands.
Drainage patterns to the wetlands post-construction must be maintained
and plan sheets must show how water from the upland areas will be
conveyed to the wetlands.
81. The Mitigation Plan prepared for the project must address the direct
impacts to Wetland A, the stream, and the buffer. Direct impacts could
include, but are not limited to, construction of Hutson Road, installation of
utility lines, clearing for gravel access roads, construction of the LST, and
golf course improvements. The mitigation plan must also address any
potential impacts to wetland hydrology from construction of Hutson Road.
82. Any areas within the buffer of Wetland A that will be maintained for
golfing use post-construction shall not be considered buffer enhancement
areas. Only those areas that can be planted with native plant species can
be considered buffer enhancement areas.
83. All work areas, including stockpiling of soils, must be located outside of
wetland buffers.
84. To protect the wetlands and the stream, sediment and erosion control
measures must be installed before beginning any earthwork. For any
ground disturbing activities to be conducted as part of plat development
prior to County approval of the mitigation plan, sediment and erosion
control measures (e.g., siltation fencing, straw bales) must be installed
225 feet from the edge of the Category I wetland and 75 feet from the
edge of the Category III wetlands.
85. Utilities and facilities such as sewer, gas, electrical, and water systems shall
be located and constructed to minimize flood damage.
86. Adequate drainage shall be provided to reduce exposure to flood damage.
87. Utilities and transportation facilities should be installed in the same rights-of-
way when the effect will be to reduce the adverse impacts on the physical
environment.
?
31
88. The proponent shall consult with the Jefferson County Assessor’s Office
regarding payment of Compensating tax. Compensating taxes will be
required to be paid prior to final signature by the Treasurer.
89. In cases where any restrictive deed covenants or CC&Rs will apply to lots
or parcels within a PRRD, a typewritten copy of such covenants, bearing
all necessary signatures, shall be submitted along with the final PRRD.
Where the recordation of specific deed restrictions or CC&R provisions
have been required as a condition of PRRD approval, the DCD director
shall approve and sign the deed restriction or CC&Rs prior to final
approval. The CC&Rs shall clearly delineate the provisions that the
hearing examiner has imposed as a condition of PRRD approval and
those provisions voluntarily imposed by the applicant/declarant for private
purposes. The CC&Rs shall specifically provide that the county will not
enforce any private CC&R provisions.
90. To ensure that the development is carried out in accordance with the
proposed design and the conditions of project approval, prior to final
approval, the hearing examiner shall require that the applicant enter into
written agreement with the county, which agreement shall constitute
CC&Rs binding upon all future purchasers, tenants and occupants of the
PRRD. Recordation of a signed PRRD agreement shall be a precondition
to final approval of the PRRD. The PRRD agreement may include as
applicable, and without limitation, the following:
1. An adequate guarantee providing for the permanent preservation,
retention and maintenance of all reserve tracts (i.e., open space or
agricultural) or public areas;
2. Where a reserve tract(s) is to be protected against building
development, the applicant shall convey to the county an easement
over such areas restricting the area against any future building or
use except as consistent with providing open space for the
aesthetic and recreational enjoyment of the surrounding
residences, or providing an area permanently reserved for
agricultural uses, as applicable;
3. The care and maintenance of reserve tracts shall be assured by
establishment of an appropriate management organization for the
project;
4. Ownership and tax liability of any reserve tract(s) shall be
established in a manner acceptable to the county.
91. The applicant must submit six (6) blue line copies and two (2) sets of lot
?
32
closures for distribution of the proposed final PRRD plan to the
administrator of the Department of Community Development.
92. The final PRRD plan shall be accompanied by a current (within 30 days)
title company certification of:
(a) The legal description of the total parcel subject to the application;
(b) Those individuals or corporations holding an ownership interest
and any security interest (e.g., deeds of trust or mortgages) or any
other encumbrances affecting the title of said parcel. Such
individuals or corporations shall sign and approve the final plan
prior to final approval;
(c) Any lands to be dedicated to the county shall be conformed as
being owned in fee title by the owner(s) signing the dedication
certificate;
(d) Any easements or restrictions affecting the property with a
description of purpose and referenced by the auditor’s file number
and/or recording number; and
(e) If lands are to be dedicated or conveyed to the county as part of
the proposal, an American Land Title Association title policy may
be required by the director of the department of public works.
93. The applicant shall submit for final approval any PRRD agreement that
may be required in conformance with JCC 18.15.540.
94. The applicant's request to phase submitted on September 20, 2006 and
marked as Exhibit 143 is hereby approved subject to the following
conditions:
1) Proposed SEPA mitigations will be implemented in conjunction with
plat phasing: the proponent shall convey to Jefferson County by
Quit Claim Deed any interest in the area lying within 30 feet of
existing center line of South Discovery Road.
2) The proponent shall grant easement to Jefferson County not
exceeding 10 feet with adjoining South Discovery Road and Cape
George Road right-of-way as necessary to construct a roadway
with a 22 foot wide traveled way, six feet wide shoulders, 4:1 ditch
foreslope, and 2:1 ditch backslopes.
95. The platting process will include the creation of a golf course reserve tract
that will adjoin South Discovery Road and Cape George Road.
Mitigations will be implemented through the creation of the reserve tract.
?
33
96. Applicant shall comply with the provisions of JCC 18.30.010 governing
noise and WAC 173-60-050 governing the environmental designation for
noise abatement ADNA for this proposal and surrounding property of
Class A per WAC 173-60-040(2)(a) and (b).
97. The final PRRD plan shall be processed as a Type IV application as set
forth in Chapter 18.40 JCC, and shall be approved by the board of county
commissioners upon satisfaction of all conditions of approval and all
requirements as provided in this Article VI-M.
98. Based on requirements of UDC Section 7.4.11 Final Long Plat, the final
mylar shall be prepared in accordance with the final long plat checklist. A
copy of Section 7.4.11 is attached.
99. Signature blocks for the appropriate certification and forms of approval
shall be depicted on the plat as follows:
DIRECTOR OF PUBLIC WORKS CERTIFICATE
I hereby certify to the best of my knowledge that this final plat is in
compliance with the certificate of improvements issued pursuant to the
Jefferson County Unified Development Code and is consistent with all
applicable county improvement standards and requirements in force on
the date of preliminary plat approval, this ____ day of _______________,
20__.
________________________________
Director, Jefferson County Department
of Public Works
DEPARTMENT OF COMMUNITY
DEVELOPMENT ADMINISTRATOR’S
CERTIFICATE
I hereby certify that on this _____ day of _______________, 20__, that
this final plat is in substantial conformance with the preliminary plat and
any conditions attached thereto, which preliminary plat was approved by
Jefferson County on the _____ day of ______________, 20____.
_______________________________
Administrator, Jefferson County
?
34
Community Development Department
TREASURER’S CERTIFICATE
I, Judith Morris, Treasurer of Jefferson County Washington, hereby certify
that all taxes due and or deposits required to cover the anticipated taxes
on the property in this plat have been paid up to and including the year
20__.
I hereby certify that there are no delinquent special assessments for
which the property subject to this subdivision may be liable to the county,
and that all special assessments on any property herein contained
dedicated as roads, streets, or for any other public use, have been duly
paid, satisfied or discharged, this ____ day of _______________, 20___.
_______________________________
Jefferson County Treasurer
ASSESSOR’S APPROVAL
Examined and approved this _____ day of _______________, 20___.
_______________________________
Jefferson County Assessor
BOARD OF COUNTY COMMISSIONERS
Approved by the Jefferson County Board of Commissioners this _____
day of _______________, 20___.
_______________________________
Chairman, Board of Commissioners
_______________________________
Clerk of the Board of County Commissioners
?
35
100. A form for the certificate of the Jefferson County recorder, as follows:
RECORDING CERTIFICATE
Filed for record at the request of Jefferson County this _____ day of
_____________, 20 ____, at ________ minutes past __M., and recorded
in Volume _____ of Plats, page _____ Records of Jefferson County,
Washington.
Jefferson County Recording Number ___.
_______________________________
Manager
_______________________________
Superintendent of Records
101. Under Declaration and Dedication, all beneficiaries of any Deed of Trust
shall also sign off on the plat.
102. Prior to commencing development activity, proponent is responsible for
informing the Washington Department of Fish and Wildlife (WDFW) in
order for WDFW to determine whether this action is subject to the
Washington State Hydraulic Code (Chapter 220-10 WAC). Hydraulic
Project Approval (HPA) is required for all hydraulic projects, which are
defined as construction or performance of other work that will use, divert,
obstruct, or change the natural flow or bed of any of the salt or fresh
waters of the state.
103. The decision set forth herein is based upon representations made and
exhibits, including plans and proposals submitted at the hearing
conducted by the hearing examiner. Any substantial change(s) or
deviation(s) in such plans, proposals, or conditions of approval imposed
shall be subject to the approval of the hearing examiner and may require
further and additional hearings.
104. The authorization granted herein is subject to all applicable federal, state,
and local laws, regulations, and ordinances. Compliance with such laws,
regulations, and ordinances is a condition precedent to the approvals
granted and is a continuing requirement of such approvals. By accepting
this/these approvals, the applicant represents that the development and
activities allowed will comply with such laws, regulations, and ordinances.
?
36
If, during the term of the approval granted, the development and activities
permitted do not comply with such laws, regulations, or ordinances, the
applicant agrees to promptly bring such development or activities into
compliance.
105. Compliance with all provisions of the MDNS issued herein as well as
compliance with reference to all Jefferson County Code regulations and
state regulations governing this project is required.
NOTICE: The sale of lots prior to final long plat approval is unlawful.
EXPIRATION: Preliminary approval will expire on September ____, 2011, five years
from the date of approval. The Department of Community Development shall not be
responsible for notifying the applicant of an impending preliminary long plat expiration.
SUBMISSION: It is the responsibility of the applicant or authorized representative to
ensure the final long plat is submitted in accordance with the conditions of preliminary
approval. This includes paying all property taxes, submitting a $98.00 recording fee for
the final plat, and supplying an updated plat certificate, lot closures and any
maintenance agreement, all of which is outlined in the final long plat checklist. Please
contact the Department of Community Development to confirm the current recording
fee.
DECISION
:
The applicant's request to develop a long plat and PRRD for the subdivision of its 200+
acre site into 48 residential lots using bonus and clustering provisions of the Jefferson
County Code and improving the existing Discovery Bay Golf Club is hereby granted,
subject to conditions contained in the conclusions above.
ORDERED
this _____ day of October, 2006.
_____________________________________
TERRENCE F. McCARTHY
Deputy Hearing Examiner
?
37