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Title:
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F-SUMMARY & BACKGROUND
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Wording
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(entire staff reprt is in tidemark)
SUMMARY OF APPLICATION AND RECOMMENDATION:
Application: The proposal is to install a cable tram for beach access from a 60 foot high shoreline bluff (Log item 2). A Geotechnical Report has been submitted with this proposal and indicates that that a cable supported tram would not destabilize the shoreline bluff. There would be a 6 foot by 24 foot deck at the top of the bluff and a 10 foot by 20 foot boat storage and landing deck on the beach (Log item 3). The boat storage and landing deck on the beach would be located waterward of the Ordinary High Water Mark (OHWM), but landward of the Mean Higher High Water (MHHW). Because the structure is located waterward of the OHWM it requires a SEPA checklist. A Hydraulic Project Approval (HPA) will be required by the WA State Department of Fish & Wildlife (WDFW).
Staff Comment: The construction of cable tram for access to the beach is an unlisted use in the Jefferson County Shoreline Management Master Program (SMMP) and, as such, requires Conditional Use approval. A cable tram is similar to stairs to the beach when determining the shoreline use and process. A cable tram is less disruptive to the high shoreline bluff with moderate landslide hazard than a staircase system. A Shoreline Substantial Development permit is required because the proposal does not meet the exceptions found in Section 3.402 of the SMMP.
Recommendation: Approval with conditions.
BACKGROUND INFORMATION:
Landowner/Applicant/Representative: John & Nancy Rowe
Legal Description and Location: The 9 acre parcel is Tax Lot 7, Tax lot RR-15 (old railroad right-of-way), and Tax lot F (tidelands). The parcel number 901-051-004 in located within the NE ΒΌ of Section 5 Township 29 North, Range 01 West, WM, located at 5523 SR 20, Port Townsend, WA 98368.
Site Conditions: The subject parcel is currently vacant and is predominantly covered in evergreen trees and native understory. A stormwater permit (BLD 02-460) was issued on August 15, 2002 for the clearing of the driveway and future home site area. A Forest Practice Application (FPA 2604849) was issued on August 27, 2002 to implement the removal of trees related to the County's stormwater permit. A septic permit (SEP 04-184) was approved on September 17, 2004. A proposal to place 7.65 acres of the 9 acre parcel in the Open Space Timber Program, which included a hearing before the Hearing Examiner, was approved on April 24, 2005. A proposal for a 960 residence, 960 sq. ft. basement, and 1,32 woodshop (BLD 05-263) is currently being processed by Jefferson County DCD. It is anticipated that the 960 sq. ft. residence will be convert to an accessory dwelling unit when the landowners builds the main house.
Shoreline Designation: Pursuant to the SMMP, the site is designated "Conservancy."
Comprehensive Plan Designation: The Jefferson County Comprehensive Plan designates the subject parcel as Rural Residential 1 dwelling per 5 acres (RR1:5).
Site Visits: A site visit was conducted with the landowners (John & Nancy Rowe), Randi Thurston, WA State Department of Fish & Wildlife (WDFW), and Jefferson County Department of Community Development (DCD) staff (Greg Ballard) on October 13, 2004 as part of a pre-application conference (PRE-04-32).
Date of application: The application was received on October 22, 2004 and was determined to be complete on March 8, 2005.
Notice of Application and Preliminary Threshold Determination: The Notice of Application and Preliminary Threshold Determination of a Determination of Non-Significance (DNS) was published in the Port Townsend/Jefferson County Leader on March 16, 2005. The optional DNS process of WAC 197-11-355 (SEPA Rules) was utilized. Agencies and adjacent property owners were sent notice of the proposal on March 15, 2005. The comment period for the Threshold Determination expired on March 30, 2005 (Log item 4).
Randi Thurston, WDFW submitt
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Title:
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F-FINDINGS, CONCLUSIONS, & REC
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Wording
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PROPOSED FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS:
The following section constitutes staff's findings and conclusions regarding the applicant's consistency with the Jefferson County Comprehensive Plan, the Unified Development Code, and the Jefferson County Shoreline Management Master Program. Following these findings and conclusions are a series of conditions recommended for consideration by the Hearing Examiner. Any of the findings, conclusions and recommendations may be adopted, rejected, or modified by the Hearing Examiner based on testimony or evidence presented during the course of review.
STAFF FINDINGS AND CONCLUSIONS:
1. The proposal is to install a cable tram for beach access from a 60 foot high shoreline bluff. A Geotechnical Report has been submitted with this proposal and indicates that the cable suspended tram would not destabilize the shoreline bluff. There would be a 6 foot by 24 foot deck at the top of the bluff and a 10 foot by 20 foot boat storage and landing deck on the beach. The boat storage and landing deck on the beach would be located waterward of the Ordinary High Water Mark (OHWM), but landward of the Mean Higher High Water (MHHW).
2. The proposed development is subject to the Unified Development Code (UDC) for Jefferson County, Washington. Provisions for the protection of environmentally sensitive areas are found in UDC 3.6.4 et seq. The main concern regarding this proposal are: slight and moderate landslide hazard over the shoreline bluff at the western edge of the parcel (Section 3.6.7); potential impacts to terrestrial (Heritage for eagle) and marine habitat (Section 3.6.8); and wetlands indicated along the shoreline bluff (Section 3.6.9).
Staff Comment: The Geotechnical Report prepared by Geotech Consulting Inc dated December 10, 2004 (Log item 8) for the proposal indicated that the bluff is relatively stabile except that the sandy base of the bluff is susceptible to small areas of sloughing due to wave action. The report indicated that the sloughing at the base would not destabilize shoreline bluff. The proposal does not require removal of large conifer trees and the proposal has received a Bald Eagle Management Plan from WDFW (Log item 9). Dixie Llewellin with Olympic Wetland Resources, Inc. indicated in a letter dated December 23, 2004
(Log item 10) that there are no wetlands on the site and this was verified by DCD staff.
The proposal has also been routed to Randi Thurston, WA State Department of Fish and Wildlife regarding potential impacts to the marine environment. Randi Thurston indicated verbally to DCD staff that the issue related to the design of the boat storage area could be addressed through the processing of the HPA, which will ensure that the proposal will not impact fish habitat.
3. Pursuant to UDC 3.6.8.(g)(2), the applicant shall submit for approval a Drainage and Erosion Control Plan, as specified in UDC 3.6.10.(f) Special Reports/Drainage and Erosion Control Plan and UDC 6.7 Stormwater Management Standards. The required plan will be a small parcel erosion control plan, which does not require a stamp from a licensed engineer (UDC 3.6.10.(f)(2)).
4. The proposed cable tram is subject to the goals and policies of the Jefferson County Comprehensive Plan. The following Plan goals and policies apply to the proposal:
5. The Jefferson County Comprehensive Plan, 1998, Environment Element Goal 5.0 (p. 8-36) states:
Allow development along shorelines, which is compatible with the protection of natural processes, natural conditions, and natural functions of the shoreline environment.
Staff Comment: The proposed development has undergone review under the UDC and SMMP. As conditioned through existing Jefferson County regulations, the proposal is consistent with this policy.
6. The Jefferson County Comprehensive Plan, 1998, Environmental Element Policy 5.1 (p. 8-36) states:
Regulate shoreline land use activities based on the best ava
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