Skamania County Community Development Department Building/Fire Marshal ⬧ Environmental Health ⬧ Planning Skamania County Courthouse Annex Post Office Box 1009 Stevenson, Washington 98648 Phone: 509-427-3900 Inspection Line: 509-427-3922 REVISED STAFF REPORT PROJECT: Muddy River Subdivision FILE NO: SUB-20-01 REQUEST: The applicant proposes a five-lot subdivision of approximately 26.66 acres in Cougar, Washington at Eagle View Lane, east of Forest Road 25. The property includes critical areas and the applicant has proposed to use the residential density transfer provisions of the Skamania County Critical Areas Ordinance which allows a reduction in lot size below the minimum parcel size. APPLICANT: Charly Boyd, 4721 354th Ave SE, Fall City, WA 98024 PROPERTY OWNER: Jerry Sauer, 26300 NE 16th Street, Camas, WA 98607 LOCATION: 91 Eagles View Lane, Cougar, WA Lot 4 of the Sauer Short Plat. PARCEL NO.: 07-06-24-0-0-0200-00 ZONING: Swift - Mountain Recreational 5 (MR-5) COMPREHENSIVE PLAN Swift - Mountain Recreational 5 (MR-5) DESIGNATION: PARCEL SIZE: 26.66 acres PROPOSED LOTS: 5 residential lots PROJECT DESCRIPTION: The applicant proposes a five-lot subdivision of approximately 26.66 acres in Cougar, Washington at Eagle View Lane, east of Forest Road 25. Four of the proposed lots are proposed to be 2-acres to 2.79 acres in size. The remaining parcel would 17.16 acres, which would include a conservation easement for the area east of the west ordinary high-water mark of the Muddy River. Each proposed lot will utilize an on-site septic system. A group B public water system is proposed to support Lots 2 through 5. Access to the subdivision will be from Forest Road 25, a public road. Access to each of the lots will be from Eagle View Lane, a private road. The parcel is located in the Mountain Recreational 5 (MR-5) zone which requires a minimum lot size of 5 acres. The property includes critical areas and the applicant has proposed to use the residential density transfer provisions of the Skamania County Critical Areas Ordinance which allows a reduction in lot size below the minimum parcel size. Skamania County Community Development Department SUB-20-01 (Muddy River Subdivision) Staff Report Page 2 ATTACHMENTS: Exhibit A – Subdivision Application – July 16, 2020 Exhibit B – Proposed Plat Maps Exhibit C – Critical Areas Application and Reports – August 17, 2020 Exhibit D – SEP-20-13 Mitigated Determination of Nonsignificance Exhibit E – Notice to Review Agencies – Sent October 13, 2020 Exhibit F – Notice of Public Hearing – Published Skamania County Pioneer November 4, 2020 Exhibit G – Notice of Public Hearing – Mailed November 5, 2020 Exhibit H – Sydney Hanson, DAHP Comment Letter – October 27, 2020 Exhibit I – Inadvertent Discovery Plan SEPA: A State Environmental Policy Act Checklist was submitted along with the application package on July 16, 2020. The SEPA checklist was reviewed by Community Development Department staff and a Mitigated Determination of Nonsignificance was issued and published in the paper of record, Skamania County Pioneer on August 19, 2020. As a condition of approval, the applicant shall follow the mitigations provided in the SEPA Mitigated Determination of Non-significance for Skamania County File SEP-20-11. PUBLIC NOTIFICATION: In accordance with SCC 17.12.080 notice of the application and public hearing was published in the Skamania County Pioneer on November 4, 2020. Notice was sent to adjacent property owners within 300 ft. of the parcel and interested parties on November 5, 2020. The notice was also published on the Community Development Department’s website. COMMENTS FROM THE PUBLIC AND AGENCIES: The Community Development Department received comments from the following parties prior to the hearing: Sydney Hanson, Transportation Archaeologist, Washington Department of Archaeology and Historic Preservation – October 27, 2020 Ms. Hanson revised an earlier recommendation from the Washington Department of Archaeology and Historic Preservation (DAHP) submitted during the County’s SEPA review. DAHP now recommends an inadvertent discovery plan. DAHP recommends that the inadvertent discover plan is kept onsite throughout construction, and that construction crews are prepared for the possibility of encountering archaeological resources during construction. DAHP also recommends continued consultation with the concerned Tribes' cultural committees and staff regarding cultural resource issues. Staff recommends that DAHP’s recommendation be included as a condition of approval. STAFF ANALYSIS: COMPREHENSIVE PLAN - The subject property is located within the Swift Subarea and designation Mountain Recreational. The purpose of this land use designation is to provide areas of recreational uses at very low density to preserve the primitive recreational character of the area. Mountain Recreational areas accommodate demands for very low-density recreational cabins in a remote recreational area. The proposal is for a five-lot residential subdivision using density transfer. Single-family dwellings are allowable in this designation. Policy LU.1.1 encourages clustering development to increase green space and habitat. Skamania County Community Development Department SUB-20-01 (Muddy River Subdivision) Staff Report Page 3 ZONING - CHAPTER 21.68.060 – MOUNTAIN RECREATIONAL 5 ZONE CLASSIFICATION (MR-5) B. Allowable uses. Single-family dwellings; . G. Minimum Development Standards. 1. Lot Size. The standard minimum lot size, dimensions, and proportions shall be as follows (unless the local health authority requires a greater lot size): a. Minimum lot size shall be five acres. Finding: The subject property is located within the Mountain Recreational (MR-5) zone which allows for single-family residential development and requires a minimum lot size of five acres. The applicant qualifies for smaller individual lot sizes under the density transfer for residential land divisions provisions in SCC 19.01.080(D)(7). Based on the overall parcel size of 26.66 acres, this subdivision qualifies for five lots. Four of the proposed lots are proposed to be 2-acres to 2.79 acres in size. The remaining parcel would 17.16 acres, which would include a conservation easement. CRITICAL AREAS - CHAPTER 19.01 – GENERAL CRITICAL AREA PROVISIONS 19.01.080 General critical area regulations. 7. Density Transfer for Residential Land Divisions. The county shall allow transfer of density for residential uses from lands containing critical areas, as defined by this title. In order to accommodate the density transfer, the county may allow reductions in setbacks and lot dimensions and sizes. a. The basis for the density transfer will be calculated for the entire property as if it did not have the critical area, subject to the provisions of the underlying zoning designation. Finding: The subject property includes several critical areas, including fish and wildlife habitat conservation areas, critical aquifer recharge areas, floodplains, and geologic hazard areas. In order to protect the most sensitive of these areas and allow for development on the remainder of the property, the applicant has proposed to use density transfer. The total parcel size is 26.66 acres, qualifying the subdivision for five lots under the conventional minimum lot size of 5 acres in the Mountain Recreational 5 zone. The County will allow reduced lot sizes in order to accommodate the density transfer and protect critical areas. Four of the proposed lots are proposed to be 2-acres to 2.79 acres in size. The remaining parcel would 17.16 acres, which would include a conservation easement. b. Residential density may be transferred only from a critical area to an area on the same site that is not a critical area. Skamania County Community Development Department SUB-20-01 (Muddy River Subdivision) Staff Report Page 4 Finding: The property includes several critical areas, so it is not possible to restrict development on all sites that include critical areas. Instead, the density transfer will be based upon only those areas that are riparian habitat areas associated with the Lewis River and the Muddy River. A Critical Areas Report provided by the applicant establishes a 250 ft. buffer along the Lewis River and a 150 ft. buffer along the Muddy River. These buffers cover a significant portion of the southern portion of the subject property, including most of peninsula that is separated from the main portion of the property by the Muddy River. These riparian buffers are indicated by red shading in Figure 1 below. Figure 1. Riparian Areas. The applicant has proposed to establish an undeveloped conservation area lying east of the west ordinary high-water mark of the Muddy River. This proposal excludes the riparian buffers of the Muddy and Lewis Rivers which lie west of the ordinary high-water mark. Staff recommends that the conservation area be extended to include all riparian buffers and the small area on the peninsula that lies outside these buffers. This area consists of approximately 15.38 acres. Transferring the density from this area to those areas of the property outside riparian areas would allow for five lots to be developed on the remaining 11.28 acres. c. The critical area shall be permanently protected as undeveloped land by an easement or other similar restriction acceptable to the county. Finding: The applicant has proposed to establish an undeveloped conservation area lying east of the west ordinary high-water mark of the Muddy River. In order to comply with the density transfer provisions, staff recommends a condition of approval that the undevelopable conservation area be extended to include riparian areas located west of the west ordinary high-water mark of the Muddy River. This area shall be clearly Skamania County Community Development Department SUB-20-01 (Muddy River Subdivision) Staff Report Page 5 delineated on the plat map with the following note: This plat utilizes density transfer for residential land divisions under the Skamania County Critical Areas Ordinance. This area is permanently protected as undeveloped land and shall not be further divided.