HomeMy WebLinkAboutMEP2009-00028 Hearing - MEP Letters / Memos - 11/2/2009 y
TO BE KEPT IN THE
November 2, 2009 PARCEL FILE
PAJ (233 z DOb 6 Z
Notice of Decision
Case: MEP2009-00028
Applicant: Jack Johnson
Parcel No. 12332-50-00062 and 12332-50-00064
Notice is hereby given that Jack Johnson, who is the applicant for
the above-referenced Mason County Resource Ordinance Fish and
Wildlife Habitat Conservation Area Buffer Reduction, has been
granted that buffer reduction. The request with habitat management
plan was reviewed on October 13, 2009 by the Mason County Head rig
Examiner and approved pursuant to the Title 17.01 Mason County
Resource Ordinance standards, specifically for the protection of Fish
and Wildlife Habitat Conservation Areas. The proposal was exempt
from SEPA review per WAC 197-11-800 (1).
This is a final County decision. No further appeals to the County are available.
Appeal may be made to Superior Court or the appropriate administrative ager cy
as regulations apply. It is the appellant's responsibility to meet all legal
requirements of any appeal process.
If you have questions or require clarification on these issues, please contact A tan
Borden, Senior Planner with Mason County Dept. of Community Development a
360-427-9670 x365.
HAWORDTe"it Reviews0ecision coversheet.doc
v
1 BEFORE THE HEARING EXAMINER FOR MASON COUNTY
2
' Phil Olbrechts, Hearing Examiner
3
RE: Jack Johnson
4 FINDINGS OF FACT, CONCLUSIONS
5 Resource Ordinance Buffer OF LAW AND FINAL DECISION
Reduction MEP2009-00028
6
7 INTRODUCTION
8
The applicant has applied for a Buffer Reduction Request to locate proposed
9 commercial development of approximately 14,400 square feet partially within the
10 stream conservation buffer area and building setback of Sweetwater Creek. The
Examiner approves the Buffer Reduction with conditions.
11
12 ORAL TESTIMONY
13 Allan Borden—Mason County Staff
14 Mr. Borden began by addressing Evaluations on Page 2 of the staff report and
15 commented that he failed to include a condition to require a boundary line
adjustment, as there are two properties involved. In response to a question frorr the
16 Hearing Examiner, clean-up of the stream is likely to occur in surrounding areas, and
the stream could become a spawning area in the future. There was also filling or the
17 site that had taken place prior to the current regulations, which was done essent ally
to make the site better for development. The current process of buffer reduction was
18 chosen for review by staff, rather than variance process, because the buffer redu tion
19 process can be used to requirement buffer improvements while the variance pro ess
cannot. Additionally, with the buffer reduction, there is an incentive to improvc the
20 buffer. Ultimately the applicant chooses the review process, but guidance is give 1 by
staff towards the more applicable process.
21
22 Jack Johnson —Applicant
23 Mr. Johnson stated that he has had a long history of trying to develop the prop rty,
and have even received multiple permits in the past for development of the site. The
24 previous permits were never taken to completion due to feasibility of the projects.
25 Heather Hess—Neighbor
Ms. Hess owns the property directly behind the subject property. There is a fence and
tree line separating the two, as well as from another property. Ms. Hess and another
Johnson Buffer Reduction P. 1 Findings, Conclusions and Decision
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neighbor are requesting that these be left intact in order to maintain property pri lacy
I upon the construction of any new project on the site. Staff and the applicant noted
2 that the development would not affect the fence and trees.
3 EXHIBITS
4 See the Case Index attached to the staff report by Allan Borden dated Octobel 13,
2009, for a list of exhibits, in addition to:
5
6 Exhibit 13: Letter from Heather Hess
Exhibit 14: Letter from Evelyn Mosier
7 Exhibit 15: Photos from Heather Hess
8 FINDINGS OF FACT
9 Procedural:
10
1. Applicant. The applicant is Jack Johnson.
11
12 2. Hearing. The Hearing Examiner conducted a hearing on the applic tion
on October 13, 2009, at 1:00 p.m., in the Mason County Board of Commissioners
13 Meeting Chambers.
14 Substantive:
15 3. Site/Pronosal Description. The application is for a buffer reduction, u ider
16 the Mason County Resource Ordinance, to locate three commercial storage buildings
with a footprint of approximately 14,400 square feet, partially within the stream
17 conservation buffer and building setback areas of Sweetwater Creek, a Type F stream.
The footprint is proposed at a distance of no closer than 53 feet from the creek's
18 ordinary high water mark (OHWM). The required Conservation Buffer Area from
19 the Ordinary High Watermark (OHWM) of a Type F stream is 150 feet, with an
additional 15-foot building setback. Additionally, a nearby riverine category I
20 wetland, associated with Lynch Cove, has been found, and there is a determined 00-
foot vegetation buffer applied. The proposed buffer reduction is to 15 feet from the
21 edge of the wetland on the east side of the property and to 110 feet from the edge of
the wetland on the west side of the property. The property is currently two par eels,
22 with a combined area of 2.19 acres. The stream conservation buffer area encum ers
23 all of one lot and most of the second. The location of the proposed buildings and, the
current parking areas were the site of filling, grading, and compaction work perm'tted
24 in 1994 and 1999. The site has been maintained for commercial activities fol 10
years.
25
4. Characteristics of the Area. The general vicinity is highly urban zed
neighborhood in the south area of the Belfair UGA. A mix of commercial busi ess,
education; and residential properties occupy the area along State Route 3 surrouni ing
Johnson Buffer Reduction p. 2 Findings, Conclusions and Deci ion
t PA0747772.DOC;1\13009.900000\
the two subject parcels. Specifically, there do exist professional offices, a school, and
I a community center to the north and commercial developments to the east and sc uth.
Sweetwater Creek has been severely altered and modified due to past adjacent and
2
filling and grading adjacent to the creek's alignment and its urban surroundings. The
3 stream is controlled or confined within its banks for 400 feet upstream to the
northeast of the subject parcels and flows directly into Lynch Cove at the upper end
4 of Hood Canal.
5 5. Adverse Impacts of Proposed Use. There do not appear to be any ad rse
6 impacts to the proposed use. The structures will be placed at a location on the
property that is the furthest distance possible from the stream, with the native plarting
7 having the potential to greatly enhance the stream's riparian function. With the
enhancements of native vegetation proposed in the HMP, especially as harm has been
8 done in the past due to filling and grading, the stream vegetation buffer attributes will
be better than the existing stream buffer values. Further improvements to enh ced
9 wildlife habitat and protected water quality in this stream should occur as these
10 maintained native trees and shrubs continue to grow over the next 20-to-30 years.
The staff concludes in its report that there does not appear to be impact on
11 surrounding properties for services, parking, or public utilities.
12 The testimony from Ms. Hess suggests that some buffering should be provided tc the
residential properties behind the facility. This is only reasonable given th it a
13 relatively significant commercial development will be constructed adjacen to
14 residential use. As requested by Ms. Hess, retention of the tree line and fence that
separates her property and that of her neighbor from the proposal must be retainel or
15 equivalent buffering must be provided. The fence and tree line are depicted in
Exhibit 15, but the exact location of the fence and tree line necessary to protect Ms.
16 Hess and her neighbor is unclear. This determination will be left up to City staff.
17
CONCLUSIONS OF LAW
18
Procedural:
19
20 I. Authority of Hearing. Examiner. MCRO 17.01.150 provides the He ing
Examiner with authority to act regarding the Buffer Reduction.
21
Substantive:
22
23 2. Zoning Designation. The parcel is zoned Mixed Use District (MU), per
the Mason County Development Areas Zoning Map. The Mason County
24 Comprehensive Plan designation for the site is Belfair Urban Growth Area.
25 3. Review Criteria and Application. MCRO 17.01.110(D)(3) governs bL ffer
reduction. The required buffer zones, as required by the Mason County Resource
Ordinance, are 150 feet plus a 15-foot building setback for a total distance of 165 feet
Johnson Buffer Reduction p. 3 Findings, Conclusions and Deci ion
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r
from stream OHWM and 200 feet from the category I wetland. The relevant cri eria
I are listed below.
2 MASON COUNTY RESOURCE ORDINANCE 17.01.110(D)(3)
3 For major new development, Mason County may decrease the buffer after
consultation with the Washington State Department of Fish and Wildlife and the
4 Skokomish Tribe, the Quinault Tribe and/or the Squaxin Island Tribe, after revie
and approval of a Habitat Management Plan, and after a public hearing. Mitigat on
5 must be adequate to preserve or enhance the functions and values of the critical a ea.
6 This means that a finding must be made that the net effect of the proposal is equal or
better than applying the standard buffers. If enhancement is part of the mitigatio
7 plan, then a greater level of enhancement is required to offset the time lost while t e
enhancement matures.
8
4. Buffer Reduction is considered a Type III quasi-judicial decision;
9 therefore, hearing examiner review and approval is required. The reque is
10 consistent with the purpose of the Mason County Resource Ordinance and the ish
and Wildlife Habitat Conservation Areas chapter. The plan includes exchanging one
I I existing commercial/residential building for the three commercial buildings and the
connected UGA sewer system that will all require mitigation and further pe it
12 approval. Additionally, the plan will enable the commercial buildings to be located
where compacted soils offer no habitat values or potential for enhancement, set the
13 proposed development at an adequate distance from Sweetwater Creek and the
14 wetlands, and permit the enhancement of riparian and wetland function through
restoration mitigation. As discussed in the Findings of Fact, the creek has under one
15 a number of fill and grading activities in the past, and the project site has one
through filling, grading, and compaction work in 1994 and 1999. These activ ties
16 have resulted in damage to the stream, which the mitigation measures of the pr ject
17 specifically address. The Habitat Management Plan provides more details o the
mitigation measures (Exhibit 911). Through the proposed planting and monit ing
18 efforts, improvements in vegetation, buffer cover, and species diversity sh uld
continue and in turn protect the water quality of Sweetwater Creek as the veget ion
19 continues to grow and mature over time. Based on the plans to revegetate, and tating
into consideration the current state of the buffer shoreline of the creek, and the past
20 harm done to the area as a result of fill and grading activities, the plan's net effe t is
21 better than applying the standard buffers in their current states. In addition, the
County has contacted the Department of Fish and Wildlife but has not rece ved
22 comments. As such, the proposal will give the property owner reasonable use of the
land as well as give the stream long term quality benefits.
23
MISCELLANEOUS CRITERIA FOR ALL HEARING EXAMINER REVIEW
24
25 MCC 15.09.055(C): Required Review: The Hearing Examiner shall review
proposed development according to the following criteria:
Johnson Buffer Reduction p. 4 Findings, Conclusions and Deci ion
�PA0747772.DOC:1\13009.900000\
I. The development does not conflict with the Comprehensive Plan and 17 eels
I the requirements and intent of the Mason County Code, especially Title 6, 8, and 16
2 2. Development does not impact the public health, safety and welfare at id is
3 in the public interest.
4 3. Development does not lower the level of service of transportation at,d/or
neighborhood park facilities below the minimum standards established within the
5 Comprehensive Plan.
6 5. As indicated in the staff report, the project is consistent with the M son
7 County comprehensive plan and will not lower the level of service for transport tion
or park facilities. In addition to requirements already addressed in the above
8 Conclusions of Law, the project, as conditioned, appears to be consistent with other
applicable requirements of the Mason County Code. It meets the requirements and
9 the intent of Title 6, 8, and 16. The proposed project does not impact the public
10 health, safety and welfare and it is in the public interest as it permits full benef cial
use of real property and impacts on adjoining residential uses are mitigatec by
11 retention of a fence and tree line. The development proposal should actually be
considered to be in the public interest as the mitigation due to the Buffer Reduction
12 mitigation requirements results in a more vegetated stream buffer. No condition has
been identified to show that this particular project will lower the level of service of
13 transportation and/or neighborhood park facilities below the minimum standards
14 established within the Comprehensive Plan.
15 DECISION
16 The Hearing Examiner approves the requested Buffer Reduction, with the
recommended conditions in the Staff Report by Allan Borden for MEP2009-0002 3, in
17 addition to the following conditions:
18
1. That the applicant will obtain a boundary line adjustment, for lots 12332 50-
19 00062 and 12332-50-00064, prior to developing the properties in accordance with this
request.
20
21 2. The tree line and fence depicted in Exhibit 15 shall be retained to the e, tent
necessary as determined by staff to buffer the Hess property and other residential ises
22 adjoining the proposed commercial development. Equivalent buffering ma be
substituted for the fence and tree line, as approved by staff.
23
Dated this 26th day of October 2009.
24
25
PR A. Olbrechts
Mason County Hearing Examiner
Johnson Buffer Reduction p. 5 Findings, Conclusions and Deci 3ion
IPA0747772.DOC;1\13009.900000\I
CASEINDEX
Jack Johnson
Resource Ordinance Buffer Reduction
MEP2009-000028
Attachment# Date Description
1 October 13, 2009 Staff Report
2 May 22, 2009 Mason Environmental Permit Application
3 September 10, 2009 Vicinity Ma
4 September 10, 2009 Area of Pro ect Location
5 September 10, 2009 Area Aerial Photo
6 February 25, 2009 Stream Ali nment Drawing
7 May 22, 2009 Plot Plan for Buffer Enhancements
8 July 20, 2009 Notice of Application
9 September 30 2009 Affidavit of Posting
10 July 2009 Mason Count Bond Form
11 Jul 2009 Title Notification of Habitat Management PI n
12 January 2009 Habitat Management Plan for Property
J Johnson RO buffer reduction case index.doc
MASON COUNTY DEPARTMENT OF
COMMUNITY DEVELOPMENT
Building I * 411 N. 5th Street * P.O. Box 279
Shelton, Washington 98584
October 13, 2009
TO: Mason County Hearing Examiner
FROM: Planning Staff—Allan Borden, Senior Planner
RE: Mason Environmental Permit MEP2009-00028 Evaluation for decreasing bt ffer
adjacent to a Type "F" stream and the enhancement of riverine wetland buffer t
locate proposed commercial development in the Belfair Urban Growth Area per the
Mason County Resource Ordinance [Sections 17.01.110, Fish and Wildlife Hab tat
Conservation Areas, Section D.3.; and 17.01.070 Wetlands].
STAFF REPORT
I Introduction: This report evaluates a request for a buffer reduction and
enhancement to locate a three commercial storage building land use with a footprint c f
approximately 14,400 square feet (three 60 ft. by 28 ft. structures) partially within the
stream conservation buffer area and building setback of Sweetwater Creek (Attachment
t ce of not closer than 53 feet 38 ft.
6). The building footprint is proposed at a dts an [
vegetation buffer+ 15 ft. building setback] from the creek's ordinary high water mar
(OHWM) to the northeast on the subject parcels and to 131 feet to the northwest. The
required conservation buffer area measured from the ordinary high water mark(OH
of a Type "F" stream is 150 feet, with an additional 15-foot building setback. In addi don,
the applicant's biologist delineated the boundaries of the nearby riverine category I
wetland (associated with Lynch Cove) and determined that a 200-foot vegetation bu er
applied to a wetland with high water quality values and moderate habitat function val ies.
The proposed buffer reduction is to 15 feet from the edge of the wetland on the east s de
of the property and to 110 feet from the edge of the wetland on the west side of the
property. With site impacts already present, the applicant must secure approval.of
proposed buffer reductions to evaluate the proposed site redevelopment for commercial
buildings.
The proposed project is described and mitigation offered in the attached Habitat
Management Plan (HMP) (Attachment 12). The Author of the HMP describes the a
within the buffer that will be developed under this proposal as "functionally displace ",
and much of the properties west of the commercial area is now dominated by non-nat ve
shrub and ground cover plant species. The area of commercial development propose I is
not extended beyond the existing boundaries. The amount of planted area offered in
mitigation (Attachment 7) is to offset the grading work done in the past, the loss of az as
of functioning vegetation buffers required by these regulations, the control of non-nat ve
plant species that have invaded the areas, and improved functional values of the less-
impacted wetland buffers to the west. The mitigation offered in this buffer reduction
J Johnson RO buffer reduction staff report.doc I
request would improve the immediate stream and wetland buffer area adjacent to the
proposed new buildings to a greater degree than a mere reduction of vegetation buffer
widths, as the previously altered riverine and wetland vegetation buffers and resulting
habitats are improved in this proposed enhancement of the buffer area vegetation. Staff
recommends conditional approval of proposed project.
II. Applicant: Jack Johnson.
III. Property Location: 22651 and 22653 NE State Route 3, Belfair. Parcel numbers
12332-50-00062 & 12332-50-00064.
IV. Date of Complete Application: May 22, 2009.
V. Evaluations:
A. Characteristics of the Site: The two parcels to be redeveloped as a commercial
building site are adjacent to and within the riparian zone of Sweetwater Creek and the
associated wetlands (Attachment 4). Existing professional offices (Hood Canal Salmon
Enhancement Group) and public facilities (Belfair Elementary School and the Mary
Theler Center) are to the north; commercial developments (real estate, restaurant and
espresso stand)are to the east and the south. State Route 3 frontage of over 300 feet is
along the east side of parcel -00062. Sweetwater Creek has been severely altered and
modified due to past adjacent land-filling and grading adjacent to the creek's alignment
and its urban surroundings. The stream is controlled or confined within its banks for 400
feet upstream to the northeast of the subject parcels, including a culvert crossing under
State Route 3. This creek flows directly into Lynch Cove at the upper end of Hood
Canal. It offers potential spawning and rearing habitat for salmon and trout in the future
when upstream barriers to fish passage are eventually removed and streamside vegetation
is enhanced.
The property is two parcels that should be joined together through a boundary line
adjustment(to develop one of the proposed buildings), not yet recorded with Mason
County Auditor. The total acreage of the combined (2) parcels will be 0.79 + 1.40 = 2.19
acres. The stream conservation buffer area encumbers all of lot—00064 and most of lot—
00062 (except the southwest area). The location of the proposed building and the current
parking areas were the site of filling, grading, and compaction work permitted in 1994
and 1999. The site has been maintained for commercial activities for nearly 10 years.
B. Characteristics of the Area: The general vicinity is a highly urbanized environment in
the south area of the Belfair UGA (Attachment 5). A mix of many commercial business,
educational, and residential properties occupy the area along State Route 3 surrounding
the two subject parcels. The slopes and stream drainages along the east side of the
highway have dominated how the nearby properties have developed in the past.
Sweetwater Creek conveys the flows around the west sides of the property towards the
Lynch Cove area, and is the chief reason for this stream and wetland buffer review
request.
J Johnson RO buffer reduction staff report.doc 2
C. Comprehensive Plan Desi nation: the Mason County Comprehensive Plan
designation for the site is Belfair Urban Growth Area.
D. Zoning: the parcels are zoned Mixed Use District (MU) and the Belfair UGA Zor ling
Code guides future development of properties under this zone, including allowed uses,
special permit reviews, property line setbacks and buffers, parking and signs.
VI. SEPA Compliance, Public and Agency Comment: The public notice of the
Mason County Environmental Permit application and hearing date, with the exemption
from SEPA review per WAC 197-11-800(1), was posted onsite and at the Belfair Post
Office on September 22, 2009 (Attachment 8). Notice of Mason County Environmental
Permit hearing was published in the Shelton-Mason County Journal on July 23 and Jully
30, 2009; the Affidavit of Posting Notice is included as Attachment 9. The proposal
required review and comment by Washington Department of Fish and Wildlife and die
Skokomish Tribe. No comments were received. A 28-day comment period followed.
Other Permits or Approvals: a Mason Environmental Permit application(MEP200 -
00028) was received May 5, 2009 with this request for Provision for Decreasing Bu er
(Attachment 2). A Stormwater Drainage Report was reviewed and approved previously
in 1999 by Mason County Public Works; the stormwater infiltration pond to the north of
one of the possible building remains functional. The proposal will require Mason C ty
Building Permits for the construction of the three commercial buildings, and associat d
parking areas following the Mason County Parking Ordinance. The applicant will nc ed
to secure a bond with the County prior to the approval of a building permit to cover t ie
costs of mitigation proposed in the HMP (Attachment 10). A three-year plant monitoring
program, from the time of initial planting, will be required by the County, with annu 1
reports submitted yearly on the anniversary date of the initial plantings. A Title
Notification of Habitat Management Plan (Attachment 11) shall be recorded with the
County Auditor's Office prior to final approval of the submitted building permits.
V1I. Analysis: A Resource Ordinance buffer reduction is considered a Type III qu isi-
judicial decision, requiring a Hearing Examiner public hearing review. Staff finds th it
the request with the submitted habitat management plan is consistent with the provisi ns
stated in the Mason County Resource Ordinance Fish and Wildlife Habitat Conserva on
Areas chapter (Section 17.01.110.D.3.):
"For major new development, Mason County may decrease the buffer after consultat'on
with the Washington State Department of Fish and Wildlife and the Skokomish Trib , the
Quinault Tribe and/or the Squaxin Island Tribe, after review and approval of a Habitat
Management Plan, and after a public hearing. Mitigation must be adequate to preserve or
enhance the functions and values of the critical area. This means that a finding must be
made that the net effect of the proposal [is] equal or better than applying the standard
buffers. If enhancement is part of the mitigation plan, then a greater level of
enhancement is required to offset the time lost while the enhancement matures."
J Johnson RO buffer reduction staff report.doc 3
Stream typing is per Washington Department of Natural Resources stream typing criteria.
The required Resource Ordinance conservation buffer for a Type "F" stream is 150 feet
plus a 15-foot building setback for a total distance of 165 feet from OHWM. The nearby
category I wetland was characterized, boundaries delineated, and proper buffer of 200
feet width for that wetland determined by a qualified biologist. The proposed mitigation
of non-native species removal, soil amendments, and native plant restoration plan
described in the attached HMP (Attachment 12, prepared by the same biologist) will meet
the above requirements, in Staffs professional opinion, as adequately offsetting to a
greater degree the effects of proposed development on the site. The mitigation measures
offered in the HMP would contribute to improving water quality, vegetation buffer
coverage and species diversity, and other aspects of habitat for fish and wildlife in
Sweetwater Creek's riparian zone.
Mixed Use District zoning in the Belfair UGA allows for this type of open storage and
buildings land use (Attachment 6). Landscaping buffer requirements as required in the
Belfair UGA zoning code (Title 17.20 to 17.35) will also assist in general water quality
and stormwater management within the Belfair UGA.
The proposed area to be restored with native-plantings is indicated on the plot map
(Attachment 7). This designated area for restoration plantings is immediately adjacent to
the waterward side of the building setback of the proposed structures and extending 40 to
145 feet towards the stream and wetland areas. A specific planting plan will need to be
submitted by the Applicant detailing the proposed removal of non-native plant species,
placement of all plantings in each area, and a summary of the phasing and total costs of
habitat restoration prior to approval by the Planning Department of final issuance of
building permit.
One existing commercial /residential building will be removed in exchange for the
construction of the three commercial buildings and connection with the UGA sewer
system; these are part of the overall project proposal and general site mitigation.
VIII. Staff Discussion: in staffs professional opinion, the chosen strategy for non-
native plant removal and vegetation planting enhancements will enable the commercial
buildings to be located where compacted soils offer no habitat values or potential for
enhancement, set the proposed development at an adequate distance from Sweetwater
Creek and associated wetlands, and permit the enhancement of riparian and wetland
function through restoration mitigation as described in the HMP. Through the proposed
planting and monitoring efforts, improvements in vegetation buffer cover and species
diversity should continue and in turn protect water quality in Sweetwater Creek as the
vegetation continues to grow and mature over time.
IX. Conclusions: Based upon the above discussion, the proposal is consistent with the
Mason County Resource Ordinance 17.01.110.D.3. Provision for Decreasing the Buffer.
Staff recommends approval of the proposal subject to the conditions listed below.
J Johnson RO buffer reduction staff report.doc 4
1. The provisions and recommendations of the Habitat Management Plan that dall
for improving the existing natural vegetative buffer shall be implemented in
its entirety and in a timely fashion.
2. A site plan depicting all native planting locations and a cost analysis for the
restoration will need to be submitted and approved to the Planning
Department prior to permit approval.
3. A Title Notification of Habitat Management Plan shall be recorded with the
County Auditor's Office prior to final approval of the building permit.
4. A monitoring plan shall be enacted whereby a qualified biologist shall submit a
report detailing the condition of the restoration area. This report shall be due
on the anniversary date of the issuance of the building permit and shall b
submitted annually for three years.
5. A survival rate of 90% of plantings is required each year during the three-year
monitoring period. If survival falls below 90%, the applicant shall replan to
restore the required survival percentage and shall extend the monitoring
report the necessary period to address the re-plantings.
6. The present stormwater drainage improvements on the properties will need to be
evaluated or modified as required by Mason County's Department of Public
Works, to determine their adequacy for the proposed development before the
Planning Department may approved a building permit for the project.
7. Developers and individuals shall be required to control erosion during
construction.
8. All upland areas disturbed or newly created by construction activities shall 1 e
seeded, vegetated or given an equivalent type of erosion protection(silt
fencing or straw matting)
9. No degradation of water quality shall occur as a result of this project.
XI. Choices of Action:
I. Approval of the request for a Provision for Decreasing a Buffer.
2. Denial of the request for a Provision for Decreasing a Buffer.
3. Conditional approval of the request for a Provision for Decreasing a Buffer.
4. Remand the case to staff for further information and/or clarification.
J Johnson RO buffer reduction staff report.doc 5
Page I of 3
PERMIT NO.:
DATE RECEIVED: L
MASON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT UN , aoo y8
RESOURCE ORDINANCE (Chapter 17.01 MCC)
411 N. STI-I Street/P.O. Box 279,Shelton, WA 98584
ENVIRONMENTAL PERMIT APPLICATION
MASON ENVIRONMENTAL PERMITS CONDITIONAL USE❑
The purpose of the Resource Ordinance is to protect Mason County's natural resource lands and critical areas
and is under the authority of Chapters 36.32, 36.70A, 39.34, 58.17, 76.09, 84.33, 84.34 and 90.58 RCW.
PLEASE PRINT
1.APPLICANT
T
NAME: - 1 G SIGNATURE:
of � O SJr
MAILING ADDRESS /l
�! A, W A SaA
WORK PHONE �! O_ E-MAIL ADDRESS
10 (�. C t
HOME PHONE V FAX q 3!O C>
/Jan agent is acting for the applicant during the permit process,complete NI. R7
.AUTHORIZED AGENT
NAME: I_ , �LZ { SIGNATURE:
MAILING ADDRESS
tf
WORKPHONE /n . / r E-MAILADDRESS
C3� F7
HOME PHONE FAX
.SITE ADDRESS a a 53 s{A j?
PARCEL NUMBER+'�� - 5�- ,� �LI LEGAL DESCRIPTIONSp ' p ,
DItECT10NS TO SITE:1 I 111
rj
WLI
. State which section requires permit: / '
❑ Lang Terrn Commercial Forest,Chapter 17.10.060 Id Wetlands,Chapter 17.01.070
❑ Mineral Resource Lands,Chapter 17.01.066 ❑ Frequently Flooded Areas,Chapter 17.01,090
❑ Aquifer Recharge Area,Chapter 17.01.080 ❑ Landslide Hazard Arm,Chaptcr 17.01.100
❑ Erosion Hazard Area,Chapter 17.01.104 ❑ SScismic Hazard Areas,Chapter 17.01.102
0 In-Holding Lands,Chapter 17.01.062 6 Fish&Wildlife Habitat Conservation Areas,Chapter 17.01.110
Page 2 of 3
5. Identify current use of the property with existing improvements:
A c rea
k ,, L _ .a
u e of materials to be used construction methods ri ci le dimensions,
6. Identify and describe the proposed project,including the type ,p p
fY
and other pertinent information(attach additional sheets,if needed):
C_ 0 c- '; OO- H600 sf ry
B
7. Describe why the action requiring this permit cannot be avoided.
C—lt Gogh s
8. Will there be an alteration of a wetland and/or wetland vegetation area? Yes No ❑
9. Identify any surface water on or adjacent to property:
❑ Saltwater ❑ Lake YI Stream ❑ Pond Wetland ❑ Drainage Ditc
10. If septic is located on project site, include records. SW C'C\'&-- 00 S IS
0 Connect to Septic ❑ Community Septic ❑ Public Water Supply ❑ Well
11, TTyppe of Job:
pf New ❑ Add ❑ Alteration ❑Repair ❑ Demolition ❑ Other:
This permit is granted pursuant to the Resource Ordinance (Chapter 17.01 MCC)and nothing in his permit
shall excuse the applicant from compliance with any other federal, state, or local statutes, ordina ces, or
regulations applicable to this project, but not inconsistent with the Resource Ordinance. The pern it may be
rescinded pursuant to the event the permiuee fails to comply with the conditions of this ordinance
MASON ENVIRONMENTAL PERMIT: $630.00/$380.00(with another permit)
MASON CONDITIONAL USE ENVIR. PERMIT: $1,520.00
HABITAT MANAGEMENT PLAN REVIEW: $455400
IAPI.ANNINGTACTORMS REVISE Dm.2008
Type F Stream
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Category I Wetland
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Existing Stormwater
Retention Pond 'ty
Existing Driveway
Compacted Gravel Fill Area
Previously Utilized for Mobile Home Sales N
HE State Route 3
This site map was created by TWC by 100�
coordinating measurements and information
from several sources• including the Mason
County Assessor Aerial Photo 2005 and
GoogleFarth aerial images and measurements.
All locations are approximate.
Project Name: PARCELS 123325000064
&12332500006213MP
Location: Belfair,Washington
THE W =AND CORPS Project: TWC09-W17
Client: Jack Johnson
Date: 01/09
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Compacted Gravel Fill Area
Previously Utilized for Mobile Home Sales N
HE State Route 3
This site map vas c TV VC by 7C by 100,
coordinating measurements and information
from several sources. including the Mason _
County Assessor Aerial Photo 2005 and
GoogleEarth aerial images and measurements.
Art locations are approximate.
. L LO -
• .� .
Project Name: PARCELS 123325 000064
&123325000062 HMP
Location: Belfair, Washington
THE WETLAND CORPS Project: TWC09-W17
Client: Jack Johnson
Date: 01/09
AkfAtna,44-4- 9
MASON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
Planning Division
P.O. Box 279, Shelton, WA 98584
(360) 427-9670
MEP2009-00028 Notice of Mason Environmental Permit.
Notice is hereby given that Jack Johnson who is the owner of the described property below, has filed
an application for a Mason Environmental Permit for the development of:
Request of Fish and Wildlife Conservation Area buffer reduction to review proposed commercial
building construction in stream and wetland buffers along Sweetwater Creek in the Belfair
Urban Growth Area; proposal includes phased enhancement of these buffers by habitat
restoration plan. To establish this land use, the applicant must receive approval through a
Mason Environmental Permit public review and hearing by the County Hearing Examiner.
Parcel Numbers: 12332-50-00062 (0.79 ac.) and 12332-50-00064 (1.40 ac.)
Site Address: 22651 and 22653 NE State Route 3., Belfair WA.
Location of Project: Between State Route 3 and Sweetwater Creek and just south of Belfair
Elementary School within the Belfair Urban Growth Area; portion of the southwest 1/4 of
Section 32, Township 23 N., Range 1 W. in Mason County Washington.
Said proposed development is subject to Mason Environmental Permit review (M.C.C. 15.09.050 and
17.01.110.D.3) and associated Mason County Resource Ordinance standards. Any person desiring to
express their view or to be notified of the action taken on the application should notify in writing of
their interest to:
MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT
PO BOX 279
SHELTON, WA 98584
The comment period is at least 30 days from the final date of publication given pursuant to WAC 173-
14-020. The final date of publication, posting or mailing of notice is July 30, 2009.
Written comments will be accepted up to the date of the Hearings Examiner public hearing Tuesday
October 13, 2009; 1:00 PM. Contact this office at (360) 427-9670, ext. 365 for further information.
The proposal for development and vegetation enhancements is exempt from environmental review per
WAC 197-11-800(1), work outside of the actual critical area boundaries.
AFFIDAVIT OF POSTING NOTICE
STATE OF WASHINGTON )
ss.
COUNTY.OF MASON )
I, AI la,4 b eydti& do hereby certify that I posted copies of
the attached ,W h,,� D(-Akfi,,, 504 6&v t01 WuQ Pew-
on -21 day of�_,>,/okf l�rw 20 in �J_ public places as follows:
one at h-UY t Yl d rt!V Mlll1,1 G cco;s 2i-6Si 5{ak Q Oj
one at_�2&X t MVewr ae-K
one at rO9v or- LLe
In witness whereof; the party has signed this Affidavit of Posting Notice this day
of— 20
.Address: Po 2l -` 5"NL vt W4— LIJ�
STATE OF WASHINGTON )
COUNTY OF MASON ) ss.
Subscribed and sworn to me this 30 01day of�11J 20
ELL/�C,
Notary Public fo t e tate of ash ngton
APR 30, 2011 : Residing at
, p= Commission Expires ,gyp ,lp�
/0
MASON COUNTY BOND FORM
Type of Permit:
Name:
Type of Improvement:
Project Location:
Legal Description of Property:
With reference to the above-identified matter, this will certify that this institution has a
savings account(or loan) for the above-referenced owner/developer/contractor for the
project so identified. In consideration of the permitted improvement, and in lieu of a
performance bond, this institution hereby agrees that it will freeze the following sums of
money for the indicated improvement pending written authorization for release of said
funds by in the amount of$ Dollars.
The.total sum indicated will be withheld by this institution from any disbursements of
any kind until written authorization has been received by this institution from Mason
County to release the sum of money indicated by the written authorization from the
County.
The design, location;materials and other specifications for the indicated improvement are
those required by Mason County as appears in the above-referenced document/pern4it,
and shall be incompliance with the Mason County Resource Ordinance, Chapter 8.52
Mason County Code as amended.
These funds shall be held by the institution for a period of three years. In the event that
(responsible party's name) does not comply with the
aforementioned requirements, Mason County may demand, and the institution shall
make, payment to Mason County of said funds so that the necessary repairs can be
performed immediately to Mason County standards. The institution shall not be liable to
(responsible party's name) for any disbursement of
said funds to Mason County. The conditions in this agreement may only be amended or
revoked by express written condition of Mason County.
Signature of Responsible Party Date
Confidential Page 1 Form Revised: 03/25/03
Accepted:
Name of Bank/Phone Number
Approved:
Title:
Bank Address
.Date
Account Number
STATE OF WASHINGTON,
County of (Individual Acknowledgement)
I, Notary Public in and for the State of
Washington, residing at do hereby certify tL at
on this day of 20 personally appear
before me to me known to be the individual
described herein and who executed this instrument and acknowledged that
signed and sealed the same as free and voluntary act and deed for the uses
and purposes herein mentioned.
GIVEN UNDER MY HAND AND OFFICIAL SEAL this day of
, 20
Notary Public in an for the State o
Washington;residing at
in said
County. My Commission expires
Confidential Page 2 Form Revised:03/25/ 3
Retum To:
TITLE NOTIFICATION OF HABITAT MANAGEMENT PLAN
DATE:
OWNER NAME:
MAILING ADDRESS
PARCEL#
LEGAL DESCRIPTION:
(ABBR.FORM: QUARTER/QUARTER,SECTION,TOWNSHIP,RANGE,PLAT,
LOT&BLOCK
NOTICE: The property was the subject of a development proposal within a
critical area or its buffer, for the purpose of
application number
filed on (date)
This property is subject to the conditions, mitigation and/or
conservation measures as contained within the Habitat Management
Plan submitted to and approved by the Mason County Department
of Community Development. Restrictions on the use or alteration of
the property may exist due to the contents, conditions, mitigation
and/or conservation measures of the Habitat Management Plan
which are to be maintained in perpetuity. A copy of the Habitat
Management Plan is attached hereto.
GRANTOR(S):
LAST FIRST MI
LAST FAT MI
SIGNATURE(S):
GRANTEE: PUBLIC
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