HomeMy WebLinkAboutVAR2001-00046 Waiver of Forest Moratorium - VAR Letters / Memos - 7/8/2001 w
FINDING OF FACT
WAIVER OF FOREST MORATORIUM # VAR 2001-00046
APPLICANT: Frank Family Foundation
APPLICATION DATE: 8/7/01
Mason County has reviewed the above referenced application for a waiver of the six year
moratorium resulting from FPA# 2404142, and finds it in conformance with all
applicable County land use regulations in effect at the time of application.
FINDINGS
The proposed waiver of six year moratorium is compliant with the following conditions:
The applicant has paid the prescribed fees.
The applicant has filed a complete application, which includes notarized signatures.
This six year moratorium waiver is in conformance with the following Mason County
ordinances:
Forest Practice Moratorium Ordinance 108-98
1. The development area is no larger than two (2) acres in size.
2. The harvest and reforestation of the property shall be completed as specified in
the approved forest practices application/notice.
3. There shall be no damage to a critical area or its associated vegetation area nor to
the shoreline area (if any) or any damage to those areas is repairable with
restoration.
4. The proposed development is consistent with the Mason County Comprehensive
Plan and Development Regulations.
5. If necessary, mitigation shall be required for impacts to critical areas, stormwater,
and shorelines. Other mitigation may be required to prevent adverse
environmental impacts, pursuant to Mason County Ordinance #55-97, the
Environmental Policy Ordinance.
Title 15 Mason Development Code
This application for a waiver from the six year moratorium has been processed as
a Type I1 permit with appropriate notices.
1
1
Comprehensive Plan and Development Regulations
The activity proposed for the site affected by this waiver from a six year
moratorium is compatible with the Mason County Comprehensive Plan and
Development Regulations.
Shoreline Master Program
This site does contain land that falls within the jurisdiction of the Mason County
Y
Shoreline Master Program. Any activity in those portions of this site shall be
consistent with the requirements of the Shoreline Master Program.
State Environmental Policy Act
This application for waiver from the six year moratorium # VAR 2001-00046 has
been reviewed for SEPA compliance under case # SEP 2001-00069, and a
determination of non-significance has been made.
CONCLUSIONS
In conclusion, this application for a waiver from the six year moratorium associated with
FPA# 2404142 is consistent with the above criteria. The following types of permits may
be issued prior to 8/18/03 under this waiver.
1. Building permits for a single family residence and/or for a residential outbuilding.
2. Single-family on-site septic permit.
3. Road access permit.
4. Earth modification permits.
5. Shoreline Master Program approvals.
6. Well and potable water permits.
7. Other approvals necessary to the development of a single family residence and out
buildings.
Any permit issued under this waiver shall be conditioned, as necessary, to limit the
approval to only that development consistent with the intent of section 11.04.340 of the
Mason County Forest Practice Ordinance # 108-98.
2
RECOMMENDATIONS
I, being a duly appointed designee of the Mason County Department of Community
Development Director, hereby attest to and certify that appropriate provisions have been
made for this six year moratorium waiver and hereby recommend approval.
-v
Robert Fink, Planning Manager Date
At�n n I %t—. '�� 1/5/01
Michael Mac ems, Fores Practices Planner Date
3
PE
d
_ FRANK FAG o
2 q URA
PAR CS TD
Btic.LVDf�D
i=20
N
R
NBER Y LAK'E
FRANK
TOWNSHIP 21 SECTION 28
SCALE 1 = 40 0 '
i
Cate 1!�
I
�� ► purcet to he
_ INTOv"CLivY" 1U✓yI
I
I
A -A A
EdMASON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
Planning
Mason County Bldg.1 411 N.5th
P.O.Box 279 Shelton,WA 98584
(360) 427-9670 Belfair (360) 275-4467 Elma (360) 482-5269 Seattle (206) 464-6968
NOTICE OF APPLICATION
August 21, 2001
This is a Notice of Application as required by the Mason County Development Code 15.07.010.
Notice to be posted on site and mailed to all property owners of record within 300 feet of subject
property.
Applicant Name: Frank Family Foundation
Date of Application: August 7, 2001
Date of Letter of
Completeness: August 21, 2001
Location of Project: Section 28,Township 21N.,Range 2 W.,WM,at the end of Tintagal Rd.
Description of Project: The Frank Family Foundation is applying for a waiver from the 6-year
forest practices moratorium that covers the entire 640-acre parcel. The
waiver would only apply to a two acre site that would contain a
caretaker's residence and an accessory building.
Approvals, Actions
and Required Studies: This project is subject to SEPA review and an administrative
determination.
Public Comment
Period: No public hearings or meetings will be held for this project. Any
comments should be directed to the Staff member listed below.
Existing Environmental
Documents: SEPA Checklist.
County Staff Contact: Michael MacSems, 360-427-9670 ext 571
Date,Time&Place of
Scheduled Public Meeting:None.
Timeline for Final
Action: Final action shall follow within 120 days from date of Letter of
Completeness (plus stays—clock stops—for preparation and review of
any required studies).
c
Signed By: IQlA Date: 0 / 2 I
MASON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
Planning
Mason County Bldg. 1 411 N.5th
P.O.Box 279 Shelton,WA 98584
(360) 427-9670 Belfair (360) 275-4467 Elma (360) 482-5269 Seattle (206) 464-6968
NOTICE OF FINAL ADMINISTRATIVE DECISION
Mason County Department of Community Development hereby informs all interested
parties that a waiver from the six year development moratorium for forest practices as
established by RCW 7.6.09.060 on tax parcel 32128-00-00000 has been granted for the
construction of a single family residence and any associated out buildings.
This waiver is subject to the conditions of a SEPA DNS finalized on 9/05/01.
County staff on 9/5/01 signed findings of Fact that this waiver is in compliance with
Mason County Ordinance 108-98 .
Upon receipt of this notice, the property owner may request the county assessor to
reassess the valuation of his or her property as provided in RCW 84.41.030.
Construction of a single family residence and any out buildings pursuant to this waiver
are subject to all state and county regulations including building code requirements and
critical area restrictions.
This waiver will becomes effective 14 days from the date of this notice unless subject to
appeal.
Any party seeking an appeal has 14 days from the date of this notice to submit a written
appeal. Any appeal should be directed to the Clerk of the Board of Mason County as
provided in 15.11.020 Mason County Development Code.
VATZ zw — Goc4G R E C E l
V
AUG 0 7 ?001
E D
�
Mason County Co PLW
�0N
Forest Moratorium Waiver/Release Application NrNGDEpT
'I '.1Z43 Oo 0004E) ca)
This application is used to waiver a portion of a parcel for development permits or to release the
entire tract from the six year moratorium for development permits. This process was created
under the guidance of RCW 76.09.060. This application needs to be filled out completely, so
that we have all the information necessary to process the application in an expedient manner.
Are you requesting a Waiver or a Release from the Moratorium?
.Waiver ❑ Release
Applicant's Name: -F-2A N v-- :FAmA►L-y T:��u N D A TI ov'yi
yZ6 - 276L
Applicant's Address: 'p o 13o X 9 9
raL"Im `1 wA
Operator's Name: C 1 a VII D o
Operator's Address: Z 3 29 L cLQ
Parcel number of affected Parcel: 3 2- 1 z S - 00 - ®0 0 00
Parcel size in acres: (.o4O
Identify what a of timber was removed, ie: Douglas Fir, Western Red Cedar, Alder, Maple,
etc: v
Was the timber harvest done under an approved forest practice application: KYes ❑ No
Was there an enforcement action taken by the Department of Natural Resources (DNR):
❑ Yes �(No
Forest Practice Application Number: 2 4 o 4 t + Z
Forest Practice Application Date of Approval: d 8 1$ �t }
What do you plan to use the affected parcel for:
cl lr4,- "C V_-Rk V e.s k cLem cz --
Gcti
Are there any critical areas on your site? ie: wetlands, streams, creeks, steep slopes, etc..:
[ ,Yes ❑ No Identify the type critical area/s: CNy JXvi ITT -am G/zek
Please list conditions of approvals by DNR for your forest practice application:
(Additional information can be placed below or on additional page)
t - ► ,nr Z �f a
N,In �1 U Y V F S JC,J►^n fed �t . Si
a� �j
i
k-by0 4- t ► ti cmcj
'j
Were any of the buffer areas effected by the timber harvest? ❑ Yes KNo
Identify if you harvested any timber in the critical areas on your site: ❑ Yes iLNo
Have you replanted per DNR standards: Yes ❑ No
APPLICATION SIGNATURE
1) 1 certify that I am the forest land owner, as that term is defined in RCW 76.09.020 and
WAC 222-16-010, and that am familiar with the requirements of the Forest Practices Act, RCW
76.09 and the forest practices rules, WAC Title 222. 1 am specifically familiar with RCW
76.09.060(3) and its effects.
2) I certify and declare under penalty of perjury under the laws of the state of Washington
that the forego
ing is true and correct.Signed this of l, at
(City) (State)
STATE OF WASHINGTON)
) SS
COUNTY OF MASON )
On this day of k� , before me, the undersigned, a
Notary Publi and fot th toe4fWas1d*iqngg-ton, duly commissioned and sworn, personally
appeared ��/,�,I JI ��Q� to me known to be the individual escribed in
and who executed the within and foregoing instrument, and aqkqowledged that
signed the same as free
and voluntary act and deed, for the uses and purposes therein mentioned.
•�''' 64 'under my hand and official seal t s day of
NOTARY OVbCIC in and for the State
3, 3.° of Washington residing at
c OF M4
MASON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
F;J Planning
Mason County Bldg.1 411 N.5th
P.O.Box 279 Shelton,WA 98584
(360) 427-9670 Belfair (360) 275-4467 Elma (360) 482-5269 Seattle (206) 464-6968
Frank Family Foundation
P.O. Box 789
Shelton, WA 98584
April 3, 2001
Dear Mr. Batstone,
This letter is in reply to your letter of March 12'and the situation that the Foundation
finds it self in regarding the six-year development moratorium that was imposed on your
property in 1997. I appreciate the details that you have provided about the Foundation's
work. It does appear that your Education and Research Center is beneficial to forestry
education and a worthwhile effort.
My manager and I have studied your letter and compared it with the Mason County
Forest Practices Moratorium Ordinance# 108-98 and RCW 76.09.060 to see if your
proposed caretaker dwelling and educational building could be considered forestry use,
and therefore be permitted without having to first remove the six-year moratorium.
Unfortunately the results of our review did not reveal any option in your case other then
to apply for a removal of moratorium as described in county ordinance and state law. As
well intentioned as your proposal is, we do not believe that the law exempts your
proposal from the category of non-forestry use.
If you wish to continue with your project, you will need to make application for a
removal of six-year moratorium. Enclosed you will find a copy of Ordinance 108-98 and
an application for moratorium removal. The cost for this process is $1,000 and the likely
length of time to go through it is about eight to twelve weeks. I will be your contact at the
county for this project. If you have further questions, please call me at extension 571.
Thank you.
Sincerely,
�' rruZ
Michael MacSems
FPA Planner
SJMASON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
Planning
Mason County Bldg.1 411 N.5th
P.O.Box 279 Shelton,WA 98584
(360) 427-9670 Belfair (360) 275-4467 Elma (360) 482-5269 Seattle (206) 464-6968
August 21, 2001
Frank Family Foundation
P.O. Box 789
Shelton, WA 98584
Letter of Completeness
Parcel #: 32128-00-00000
Project Description: Waiver from 6-year Moratorium
Dear Ms King,
You have submitted a permit application (case# VAR 2001-00046) for the purpose of
receiving a waiver from a 6-year forest practices moratorium. The intent of your waiver
is to free two acres of your property from the moratorium in order to develop a residence
and an accessory building. Upon review of your application, I have determined that the
application is complete for the purpose of beginning permit review. This review is
pursuant to Mason County Code, Title 15 (Mason County Development Code).
This Letter of Completeness begins a 120-day clock on your project (although it will not
necessarily take that long). Please call me at 360-427-9640 x571 if you have any
questions.
Sincerely,
Michael MacSems
Forest Practices Planner
SJMASON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
Planning
Mason County Bldg.1 411 N.5th
P.O.Box 279 Shelton,WA 98584
(360) 427-9670 Belfair (360) 275-4467 Elma (360) 482-5269 Seattle (206) 464-6968
FINAL ADMINISTRATIVE DECISION
Mason County Department of Community Development hereby grants a waiver from the
six year development moratorium for forest practices as established by RCW 7.6.09.060
on tax parcel 32128-00-00000. This waiver is for the purpose of construction of a single
family residence and any associated out buildings.
This waiver is subject to any conditions of a SEPA DNS finalized on 9/05/01.
County staff on 9/5/01 signed findings of Fact that this waiver is in compliance with
Mason County Ordinance 108-98.
Construction of a single family residence and any out buildings pursuant to this waiver
are subject to all state and county regulations including building code requirements and
critical area restrictions.
This waiver will becomes effective 14 days from the date of this decision unless subject
to appeal.
Any party seeking an appeal has 14 days from the date of this notice to submit a written
appeal. Any appeal should be directed to the Clerk of the Board of Mason County as
provided in 15.11.020 Mason County Development Code.
6W' M� `//S/G 1
Staff Date