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HomeMy WebLinkAboutExhibit 27_Staff Report dated 06 26 2025Airport BSP SUB2025-00007 Page 1 of 8 JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street | Port Townsend, WA 98368 360-379-4450 | email: dcd@co.jefferson.wa.us www.co.jefferson.wa.us/260/Community-Development DEPARTMENT OF COMMUNITY DEVELOPMENT (DCD) STAFF REPORT TO THE JEFFERSON COUNTY HEARINGS EXAMINER Re: JEFFERSON COUNTY AIRPORT ) LIGHT INDUSTRIAL PARK ) BINDING SITE PLAN ) PROPOSED FINDINGS ) CONCLUSIONS, AND File No.: SUB2025-00007 ) RECOMMENDATIONS ) Applicant: PORT OF PORT TOWNSEND ) SUMMARY OF APPLICATION, RECOMMENDATION AND HISTORY APPLICATION: The applicant is seeking a Preliminary Approval for a Binding Site Plan (BSP) under Jefferson County Code 18.35.450 Article V Binding Site Plans, to prepare 11 lots, approximately one acre each, for individual development on the 23.62-acre site, with access from Four Corners Road. Each lot will be developed with a light industrial use including a building up to 10,000 sf, parking areas, and outdoor storage areas. The buildings and lots will include a mixture of light industrial uses allowed within the Essential Public Facility-Airport, Airport Overlay III zone. The project includes grading and storm drainage improvements, a private road, a public water main to provide fire protection and services to each lot, a Large Onsite Sewage System (LOSS), and landscaping with native vegetation retention. Dry utilities including power, fiber, and communications will be provide by Jefferson PUD. RECOMMENDATION: Approval of the Binding Site Plan with conditions. BACKGROUND INFORMATION: Applicant: Port of Port Townsend, represented by Dave Nakagawara, Capital Projects Engineer Representative: Bart Brynestad, PE of AHBL Inc. Site Address: To Be Determined Property Location: The project site is located north of the intersection of Four Corners Road and Night Owl Road in Jefferson County and is in the Prospect Ave/Airport Commercial Area Neighborhood. (See map below.) Legal Description: Parcel Number is 001331005, in Section 33, Township 30N, Range 01W SW NE (Less Tax 50), and Parcel Number 001334041 in Section 33, Township 30N, Range 01W TAX 102 SUB2024-00027. DATE OF APPLICATION: Application was received on January 16, 2025 and deemed substantially complete on January 28, 2025 (Exhibit 3) Airport BSP SUB2025-00007 Page 2 of 8 FINDINGS, CONCLUSIONS AND RECOMMENDATION Parcel History: The primary parcel 001331005 was rezoned from its previous rural residential designation through a site-specific comprehensive plan amendment (ZON2009-00025) process on December 21, 2009, to its current zoning as Airport Essential Public Facility (AEPF), in anticipation of the subject application deemed necessary for light industrial development. The secondary parcel 001334041 abutting Four Corners Road was created through a road segregation process (SUB2024-00027) with parcel 001334004 to allow an access and utility corridor to the primary parcel, and then purchased by the Port of Port Townsend in December 2024. Parcel 001331006 to the east of the primary parcels was developed and permit (ZON2019-00033) most recently as a retention pond to handle stormwater runoff from the airport runways and the primary parcel, and other airport development. Pre-application Conference: a pre-application conference with land use, building, Environmental Health, and Public Works was held on October 4, 2024 (Exhibit 4). Airport BSP SUB2025-00007 Page 3 of 8 Site Development Review: A Site Development Review (SDR2024-00191 – Exhibit 5) was issued by DCD on October 25, 2024, as required under JCC 18.40.440, and included an analysis of critical areas on-site, and relevant next steps to development. Property Description: The primary parcel is rectangular in shape, containing 23.62 acres. The site is relatively flat, undeveloped and vegetated by moderate forest and associated understory. The secondary parcel used to access the site is flat, rectangular and 3.4 acres in size. The parcel reserved for stormwater detention is flat, cleared of vegetation, contains a stormwater detention pond and is 2.98 acres in size. Surrounding Area: The subject site is bordered to the north by the Airport, to the west and south, by the developed and undeveloped residential properties, one of which operates a nursery and landscaping company, and the other is a historic gravel mine currently being review for an expansion under a conditional use permit (ZON2024-00012). Directly to the east are two vacant parcels owned by the Jefferson County Fire District #1, held in anticipation of developing a new Fire Hall with administrative offices. Critical Areas: Relevant critical areas identified on site include a Seismic Hazard, and a Special Aquifer Recharge Protection Area (SARPA). The Seismic Hazard has been reviewed and addressed by Geotechnical Engineering Consultants, Terra Associates, Inc in a Geotechnical Report dated October 16, 2024 (Exhibit 11). The report determined that risk to structures from a seismic event were negligible. Building codes will address seismic concerns at time of building permit application and approval. Allowed uses on site will be limited to those that are not prohibited under 18.22.330 Protection Standards for Critical Aquifer Recharge Areas, as a condition of plat approval stated on the face of the BSP under “Development Notes”: https://www.codepublishing.com/WA/JeffersonCounty/#!/JeffersonCounty18/JeffersonCounty1822.html#18.22.330 Zoning & Development Standards: The primary and stormwater detention parcels are both zoned AEPF and are regulated under JCC 18.15.1110 Article III-A: https://www.codepublishing.com/WA/JeffersonCounty/#!/JeffersonCounty18/JeffersonCounty1815.html#18.15.111 0 The primary parcel where structures will be built and businesses will operate is also regulated under the Airport Overlay III regulations, which were created specifically for the subject site when it was re-zone under ZON2009- 00025 in 2009 under a Comprehensive Plan Text Amendment, Ordinance 11-1215-09, so that non- aviation related light industrial uses could be permitted on that site: https://www.codepublishing.com/WA/JeffersonCounty/#!/JeffersonCounty18/JeffersonCounty1815.html#18.15.453 There is no lot size limitation listed in either section of code, and therefore the lots specified in the draft BSP (Exhibit 6) comply with code. Development Standards listed under JCC 18.15.453(4) shall be listed on the face of the plat as a condition of approval. While the access and utility corridor parcel are zoned Rural Residential 1-10 (RR10) there is no prohibition in the code from using RR zoned property for access or utility only. It should be stipulated on the BSP that secondary parcel 001334041 is to be restricted to only serve the primary parcel, until such time as it is re-zone the AEPF. NOTE: The Port of Port Townsend has requested an informal interpretation of the permitted uses under JCC 18.15.453 Airport Overlay III (3) Permitted, Conditional and Prohibited Uses. The code section reads: “Notwithstanding the permitted, conditional and prohibited use limitations set forth in JCC 18.15.1112 through 18.15.1114, the following uses shall be permitted within the Airport Overlay III designation: (a) Non-aviation-related light industrial/manufacturing.” The question is whether non-light industrial/manufacturing related uses such as a Fire Hall, Administrative or Airport BSP SUB2025-00007 Page 4 of 8 Government Offices could be allowed and permitted under this section of code. It is the opinion of staff that although those uses may be supportive of the light industrial uses on-site, the code should be amended to specifically allow such accessory uses. Staff requests that the Hearing Examiner offer an opinion or determination on this issue as part of their decision. Land Division: The Binding Site Plan is being processed under JCC 18.35.450 Article V: https://www.codepublishing.com/WA/JeffersonCounty/#!/JeffersonCounty18/JeffersonCounty1835.html#18.35.450 Staff confirms that the application complies with all applicable code under this Article, including the approval criteria under 18.35.490, as long as the conditions of approval listed below are met prior to final. Notice of Application Information (Exhibit 7): Application Received Date: January 16, 2025 Application Complete Date: January 28, 2025 Notice publication, posting on site and posting at DCD offices and Courthouse date: March 5, 2025 Notice mailed to adjacent property owners (Exhibit 8): March 4, 2025 Public Comment closing date: March 19, 2025 Public Comment: Staff mailed the notice of application and received no written public comments. Department Review and Comments: The application and associated draft and plans were forwarded to the following departments, agencies and service providers: ▪ Jefferson County Environmental Public Health: No comments received per notice of application. Comments provided as part of the pre-application conference which shall be conditions of preliminary plat approval: 1. Parcel 001331005 is within the Jefferson PUD Quimper approved water service area. At this time, the Quimper water system has connections available and is in compliance with WA State Department of Health requirements. Development permits requiring proof of potable water will require a letter from the water system stating that connection is available for the proposal. 2. In the past we have found some interesting soils in that Four Corners area consisting of finer type 4/5/6 soils in the upper strata and coarser sandy type 1/2/3 soils at depths of around 10-14 feet deep and we haven’t seen evidence of water table. If you’re struggling to find suitable soils, perhaps digging one really deep test pit could be of interest. I’m not entirely sure of the LOSS (Large On- site Septic System reviewed and approved by the State Department of Health) requirements to know if this is viable, but I wanted to share; Andrew Jones has been our regular contact with WADOH and LOSS – andrew.jones@doh.wa.gov 3. If the Jefferson PUD is NOT going to be the management entity for the LOSS then we would need to determine if the selected manager is a viable option, but we can deal with that in the future if we come to that; 4. We would need an approved design/issued permit for the LOSS and a letter from the management entity saying they will manage it, prior to Health sign off of the binding site plan. ▪ Jefferson County Public Works Department, comments received, with addition comments made during the pre-application conference to be conditions of approval: 1. Apply for stormwater management permit when design is complete. 2. Transportation impact analysis appears to show no significant off-site impacts (Exhibit 12). 3. Applicant must apply for a Road Approach permit for a commercial access to Four Corners Rd. ▪ Jefferson County Assessor, comments received (the first comment has been addressed by the applicant and incorporated into a revised BSP Plan/Map – Exhibit 6): 1. The second parcel described on page CO.1 has an incorrect description and parcel number. The Airport BSP SUB2025-00007 Page 5 of 8 correct parcel number would be #001334041. The description listed would be that of the previous owner prior to the approval of the Road/Lot Segregation Statement of Intent (AF#668989) and SWD filed under AF#669086 on 12/09/2024. I would suggest removing all references to the previous parcel numbers being #001331005 and #001334041 as they will be voided once this BSP is approved and recorded. The quarter sections listed on the header I believe should only be the Southwest ¼ of the Northeast ¼ and the Northwest ¼ of the Southeast ¼. No signature page included to verify. Thank you for send the preliminary review. 2. I would need the closing report on the final review. ▪ Jefferson County Fire Marshal, comments received: 1. At this point I have no issue with the idea or concept. I have looked over everything within SUB2025-00007. From a 50 thousand foot view, I specifically looked at the Traffic Impact Analysis. Moving forward with the project there will be some additional requirements. Such as: The establishment of a private road, naming and emergency services access. There will be fire flow requirements for each building to include water mains and fire hydrants. More parking could be required based on occupancy type and classification. ADA parking will need to be considered. ▪ Jefferson County Sheriff: No comments received. ▪ Jefferson County Transit: No comments received. ▪ Jefferson County PUD#1: No comments received. ▪ Olympic Regional Clean Air Agency (ORCAA), comments received: 1. Olympic Region Clean Air Agency (ORCAA) reviewed the proposal for the Airport Binding Site Plan located North of the intersection of Four Corners Road and Night Owl Road (Parcel 001331005) in Jefferson, WA. The proposal description indicates, 'the lot will be developed with a light industrial use.' ORCAA has the following comments for the applicant: 2. In general, ORCAA’s approval is required before constructing an air pollution source. For example, if the facility plans to have a stationary internal combustion engine with a rated capacity of 500 horsepower or greater and used for standby emergency power it may require approval by ORCAA through a Notice of Construction (NOC) application prior to being installed. If you are unsure about whether a permit from ORCAA is required for this proposal, please contact our office at 360-539- 7610 for assistance. Attached are two focus sheets which broadly cover when a permit from ORCAA is required, and what the process looks like once ORCAA receives a permit application. Additional information is on ORCAA’s website at: https://www.orcaa.org/for-business/permits- regstration-standards/. 3. Additionally, for construction projects please refer to this guide for handling fugitive dust from construction projects: https://wsdot.wa.gov/sites/default/files/2024-09/Handling-FugitiveDust- %20from-ConstructionProjects-Guide.pdf. Relevant comments will be incorporated into the conditions of approval. Upon preliminary approval, and prior to final approval and recording, the departments and agencies will have another opportunity to review and comment. Public Hearing Notice Information: Notice publication, posting on site and posting at DCD offices and Courthouse date: June 18, 2025 (Exhibit 9) Notice mailed to adjacent property owners: June 17, 2025 State Environmental Policy Act (SEPA): This proposal does not qualify for an exemption from SEPA under WAC 197-11-800(6)(d). This determination is made by Jefferson County Department of Community Development (DCD) acting as Lead Agency. DCD issued a preliminary threshold determination of a Determination of Non -Significance (DNS) on March 5, 2025 per WAC 197-11-355. The comment period ended on March 19, 2025. DCD received comments from agencies, but no written comments from the public regarding this proposal. Based on comments from agencies, the existing Jefferson County development regulations, the design of this proposal, and the Studies and Reports submitted above, the final DNS is hereby issued on June 18, 2025 (Exhibit 10). There is no additional SEPA comment for this proposal. Airport BSP SUB2025-00007 Page 6 of 8 Jefferson County Comprehensive Plan Applicable Goals and Policies: From the Land Use Element of the Comprehensive Plan, page 1-91: From the Economic Development Element, page 7-25: Policy ED-P-3.1 Support the efforts of the Port of Port Townsend in diversifying the Jefferson County International Airport (JCIA) to provide for a broader number of trades, manufacturing, and services. This may include, but is not limited to, the siting of appropriately scaled aviation and non-aviation-related industrial/manufacturing activities in the Airport Essential Public Facilities District. The proposed Binding Site Plan is consistent with the Comprehensive Plan. STAFF RECOMMENDATION: Preliminary Binding Site Plan Application: Based on the findings and conclusions provided above, staff recommends approval of the proposed Airport Light Industrial Park Binding Site Plan, subject to the following conditions prior to final BSP. Airport BSP SUB2025-00007 Page 7 of 8 RECOMMENDED CONDITIONS: 1. The applicant shall obtain a Class IV General Forest Practice Application (FPA) from the Department of Natural Resources (DNR) to remove the timber from the site. A 50 foot buffer of native vegetation shall remain along the perimeter of the development site. 2. The applicant shall obtain a NPDES General Construction Stormwater permit from the Department of Ecology. 3. The applicant shall pay all annual property taxes prior to recording the BSP, and is responsible for all associated recording fees. 4. The applicant shall provide a lot closure report to staff as part of the final review. 5. The applicant shall coordinate with the Jefferson County Fire Marshall per their review comments. 6. The applicant shall coordinate with the Olympic Region Clean Air Agency per their review comments. 7. The applicant shall coordinate with the Jefferson County PUD #1 to provide potable water to the site. the Quimper water system has connections available and is in compliance with WA State Department of Health requirements. Development permits requiring proof of potable water will require a letter from the water system stating that connection is available for the proposal. 8. The applicant shall apply for and obtain a permit for a Large On-site Septic/Sewer System from the State Department of Health. The Environmental Health can assist in this, and will need an approved design/issued permit for the LOSS and a letter from the management entity agreeing to manage it, prior to Environmental Health sign off of the BSP. 9. The applicant shall obtain a Stormwater Management and Temporary Erosion and Sediment Control Plan permit from the DCD, to be reviewed and approved by the Public Works Department. Stormwater shall be managed as per the current edition of the WA State Dept of Ecology Stormwater Management Manual for Western Washington (currently 2024). 10. In the event that any ground-disturbing activities or other project activities related to this development or in any future development uncover protected cultural material (e.g., bones, shell, antler, horn or stone tools), the following actions will be taken: When an unanticipated discovery of protected cultural material (see definitions below) occurs, the property owner or contractor will completely secure the location and contact: a. The property owner and/or project manager; b. A professional archaeologist; c. The Department of Archaeology and Historic Preservation (DAHP) (Rob Whitlam, State Archeologist, 360-890-2615); d. The Jamestown S’Klallam Tribe (David Brownell, Cultural Resource Specialist 360-681-4638); e. The Port Gamble S’Klallam (Stormy Purser, THPO 360-979-9485) If the discovery is human remains, the property owner or contractor will stop work in and adjacent to the discovery, completely secure the work area by moving the land-altering equipment to a reasonable distance, and will immediately contact: a. The property owner; b. The Jefferson County Sheriff’s Department (360-385-3831) and; c. The Jefferson County Coroner, James Kennedy (360-385-9182) to determine if the remains are forensic in nature; Airport BSP SUB2025-00007 Page 8 of 8 d. If the remains are not forensic in nature the Department of Archaeology and Historic Preservation (DAHP) Guy Tasa, 360-790-1633); will take the lead on determining the appropriate method of treatment for the remains and will consult with the affected tribes; e. A professional archaeologist; and Cultural material that may be protected by law could include but is not limited to: a. Buried layers of black soil with layers of shell, charcoal, and fish and mammal bones (Figure 1). b. Non-natural sediment or stone deposits that may be related to activity areas of people; c. Stone, bone, shell, horn, or antler tools that may include projectile points (arrowheads), scrapers, cutting tools, wood working wedges or axes, and grinding stones (Figures 2 and 3); d. Stone tools or stone flakes (Figures 2 and 3); e. Buried cobbles that may indicate a hearth feature (Figure 4); f. old ceramic pieces, metal pieces, tools and bottles (Figures 5 and 6); and g. Perennially damp areas may have preservation conditions that allow for remnants of wood and other plant fibers; in these locations there may be remains including: • Fragments of basketry, weaving, wood tools, or carved pieces; and Human remains. COMPLIANCE WITH ALL APPLICABLE LAWS PERTAINING TOARCHAEOLOGICAL RESOURCES (RCW 27.53, 27.44 and WAC 25-48) AND WITH HUMAN REMAINS (RCW 68.50) IS REQUIRED. FAILURE TO COMPLY WITH THESE REQUIREMENTS COULD RESULT IN A MISDEMEANOR AND POSSIBLE CIVIL PENALTIES AND/OR CONSTITUTE A CLASS C FELONY 11. The applicant shall obtain a Road Approach Permit from the Public Works Department for road access off Four Corners Road. Private roads shall meet the minimum requirements found in the attached road standards. (Reference Jefferson County Code section 18.30.080 Roads, and Ordinance #60-22) 12. Prior to final plat approval, the proponent shall provide certification to the Public Works Department from the project engineer that the roads have been constructed as per approved plans. 13. After construction is complete, the proponent shall submit a letter from the project engineer certifying that the stormwater management facilities have been constructed as per the approved plans. DCD cannot give final approval for the project until this certification has been received. 14. Water main extensions and water system improvements that may be required to service the development shall be installed prior to final plat approval. The Jefferson County Coordinated Water System Plan and shall include acknowledgment from JPUD that water main extensions have been certified in accordance with the provisions of Chapter 246-290-110(2) WAC. 15. Add a new text section to the face of the BSP page 1, titled “DEVELOPMENT NOTES:” to state, “Development on each individual lot shall require permitting and compliance with all applicable development and performance standards under JCC 18.20, 18.22.330(1) Critical Aquifer Recharge Area High Impact Activities, 18.30, 18.15.453(4) Airport Overlay III, proof of potable water, and may require permitting from the Olympic Regional Clean Air Agency, and other Federal, State and Local Agencies, to be determined upon building permit application review.” 16. The applicant shall arrange for the inspection of all required improvements with the Department of Public Works, DCD, or Public Health, whichever is responsible. Inspections shall be requested by the applicant at such stages as indicated by the appropriate department. Prepared by David Wayne Johnson, Associate Planner & Port Ludlow Lead Planner – June 26, 2025, and subject to revision.