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HomeMy WebLinkAbout08 1213 10STATE OF WASHINGTON County of Jefferson AN ORDINANCE APPROVING ONE COMPREHENSIVE PLAN AMENDMENT KNOWN AS MLA10-00073 [Miles Sand & Gravel Company -Mineral Resource Land Overlayl TO ESTABLISH AN 18 -ACRE MRLO } } ORDINANCE NO. 08-1213-10 } } } } WHEREAS, the Board of Jefferson County Commissioners ("the Board") has, as required by the Growth Management Act, as codified at RCW 36.70A.010 et seq., set in motion and now completed the proper professional review and public notice and comment with respect to any and all proposed amendments to the County's Comprehensive Plan originally adopted by Resolution No. 72-98 on August 28, 1998 and as subsequently amended and; WHEREAS, as mandated by the Growth Management Act (GMA), the Board has reviewed and voted upon the proposed amendment to the County's Comprehensive Plan (CP), and; WHEREAS, in accordance with RCW 78.44, the legislature recognizes that the extraction of minerals by surface mining is an essential activity making an important contribution to the economic well-being of the state and nation. The legislature also finds that a balance between appropriate environmental regulation and the production and conservation of minerals is in the best interests of the citizens of the state. WHEREAS, the proposed amendment known as MLA 10-00073 [Miles Sand & Gravel Company -Mineral Resource Land Overlay Designation] to the extent of 18 - acres has been approved by the Board during the second week of December as required in the Jefferson County Code (JCC) 18.45.080(2)(d). WHEREAS, an adopting Ordinance is required to formalize the Board's legislative action, and; WHEREAS, the Board makes the following Findings of Fact with respect to the 2010 Comprehensive Plan Amendment Cycle and the one amendment: 1. The County adopted its Comprehensive Plan in August 1998 and its development regulations or Unified Development Code (UDC), Title 18 in the Jefferson County Code (JCC) in December 2000. The CP was reviewed and updated in 2004. 2. The GMA, which mandates that Jefferson County generate and adopt a CP requires that there be in place a process to amend the CP. 3. The amendment process for the CP must be available to the citizens of this County [including corporations and other business entities] on a regular basis. In accordance with RCW 36.70A.130, CP amendments can generally be considered "no more frequently than once per year." 4. This particular amendment cycle began on or before March 1, 2010, the deadline for submission of a proposed CP amendment. 5. The one amendment proposal was timely filed on March 1, 2010. 6. The CP amendment process defines the process for the final and preliminary Docket as referenced in JCC Section 18.45.050. 7. A preliminary docket was not required this year as Jefferson County received only one site-specific Comprehensive Plan Amendment from Miles Sand & Gravel and received no suggested amendment proposals in accordance with JCC 18.45.060(4)(b)(i). 8. MLA07-104, Industrial Land Bank (ILB) was not docketed for the 2010 amendment cycle and has been "shelved" as directed by the Board. The legislature extended the timeline to complete the periodic review as well as the -2- deadline for establishing an ILB; both deadlines are "prior to December 31, 2014." 9. After deliberation and decision, the Final Docket was established by the Board on July 12, 2010 for the one site-specific amendment. 10. The Department of Community Development (DCD) published and distributed the 2010 Comprehensive Plan Amendment Docket, Staff Report and SEPA Addendum, an integrated Growth Management Act and State Environmental Policy Act document on September 1, 2010. The report analyzes the proposal on the Final Docket and offered a preliminary recommendation at page 1-9 of that Staff Report that MLA 10-00073 be approved. 11. On September 1, 2010, staff presented to the Planning Commission (PC) the one site-specific amendment in a document titled "2010 Comprehensive Plan Amendment Docket, Staff Report and SEPA addendum" at the regular scheduled PC public meeting. 12. A draft map of the proposed amendment to the Comprehensive Plan Land Use Map was made available to the public no later than the publication date of the applicable Staff Report, which was September 1, 2010. 13. The proposed amendment was subject to a SEPA analysis through the DCD Staff Report and SEPA Addendum dated September 1, 2010. The entire amendment cycle shall now be considered cumulatively with respect to a county -wide environmental review of the associated impacts, if any, of the proposal. 14. In an email dated September 3, 2010 from the Hood Canal Coalition, it was requested the public hearing be postponed in order to allow for more time to provide a response to the staff report and SEPA analysis document. The PC Chairman responded he would continue the public hearing to October 6, 2010. -3- 15. The Planning Commission held a duly noticed open public hearing on September 15, 2010. Oral public comments relating to the proposed amendment were taken during the public hearing, and written comments were accepted through the close of business September 30, 2010. 16. A representative of the Hood Canal Coalition (HCC) thanked Lisa Kittilsby (co- owner of Miles Sand & Gravel Company) for their willingness to discuss the HCC's concerns and stated it was an amazing process that happened very quickly. The HCC withdrew their request for a continued public hearing. 17. The Planning Commission deliberated on the proposed amendment on their regularly scheduled meeting of October 6, 2010. 18. The above statements indicate that the proposed CP amendment was and is the subject of"early and continuous" public participation as is required by GMA. 19. The Planning Commission discussed and voted on the individual Comprehensive Plan Amendment considering the Growth Management Indicators in 18.45.050 JCC. The Planning Commission also came to the conclusion that when applying the Growth Management Indicators found in 18.45.050 JCC regarding "cumulative impacts" of its decision on the site- specific amendment, they found no reason to change the recommendation. 20. The Planning Agency (Community Development and the PC) recommendation was transmitted to the Board through formal memoranda dated November 1, 2010, and is part of the record for the legislative decision. 21. Incorporated by reference in the Planning Commission Recommendation report were the meeting minutes and audio recording from the Planning Commission meeting held on October 6, 2010, during which deliberations took place and the recommendation was formulated. 22. The Planning Commission found that the MLA10-00073 proposal is consistent with the Growth Management Act, the County -wide planning policies, any other -4- inter -jurisdictional policies or agreements, and any other local, state or federal laws. 23. On November 7, 2010, the Board voted and unanimously approved the motion reflecting the Planning Agency recommendation and directed staff to prepare ordinances to memorialize their actions. 24. The Board concurs with the Planning Agency and states that MLA 10-00073, as adopted, is consistent with the Growth Management Act, the County -wide Planning Policies, any other inter -jurisdictional policies or agreements, and any other local, state or federal laws. 25. With respect to the consistency between MLA10-00073 and certain provisions found in Chapters 3 and 4 of the current Comprehensive Plan, this finding incorporates by reference the text found in the September 1, 2010 Staff Report at pages 2-5 through 2-13 inclusive. 26. The Comprehensive Plan text found in Chapters 3 and 4 which supports the adoption of this Plan Amendment was made part of the Comprehensive Plan through Ordinance #16-12213-04 adopted by the Board in December 2004. 27. All procedural and substantive requirements of the GMA, through the JCC (Title 18) and the Planning and Enabling Act (RCW 36.70), have been satisfied. 28. Pursuant to JCC Section 18.45.080(2)(c), for all adopted amendments the Board is required to develop findings and conclusions which consider the growth management indicators set forth in a) JCC Section 18.45.050(4)(b)(i) through (vii), and b) items (i) through (iii) in JCC Section 18.45.080(1)(b). 29. JCC Section 18.45.080(1)(c), which contains eight criteria from which the Board must generate findings, is applicable only to site-specific Comprehensive Plan amendments. 30. This request for a Comprehensive Plan amendment would provide an MRL Overlay for 18 acres and is, therefore, in limited respect, a site-specific -5- Comprehensive Plan amendment, meaning the eight criteria listed in JCC Section 18.45.080(l)(c) would apply. 31. Those eight criteria were discussed and analyzed at pages 2-14 and 2-15 of the Staff Report dated September 1, 2010 and that analysis is incorporated here as if stated in full. 32. Inquiry into the growth management indicators referenced above was begun for the 2010 Docket through the DCD integrated Staff Report and SEPA Addendum of September 1, 2010. The reader is referred to pages 2-1 through 2-4 (inclusive) of the Staff Report of September 1, 2010 and those pages are incorporated herein by reference. 33. The Board adopts the Planning Agency's findings and conclusions with respect to the growth management indicators as detailed in the Planning Commission meeting minutes and audio recordings from October 6, 2010 during which deliberations took place and the recommendations were formulated. 34. MLA 10-00073 for APN's 801-361-001 & 701-011-001 is submitted by Miles Sand & Gravel Company. The parcel is located to the south of SR 104 and is within the Thorndyke Tree Farm. The applicant seeks to designate 18 -acres located within commercial forest lands as a Mineral Resource Land Overlay (MRLO). 35. The Board adopts the map for MLA10-00073 in Attachment "A" signed by the Planning Commission chair and county project planner on October 7, 2010. The Board also adopts the corrected legal descriptions for the MRLO boundary as described in Attachments B & B 1. 36. Adoption of this Ordinance by the Board is authorized by both the Growth Management Act and the general police powers provided to local governments by Article XI, Section I 1 of the State Constitution. ON 37. Adoption of this Ordinance furthers the health, safety and general welfare of the populace of this County. NOW, THEREFORE, BE IT ORDAINED as follows: Section One: In accordance with MLA10-00073 [Miles Sand and Gravel Company], 18- acres identified as APN's 801-361-001 & 701-011-001 located to the south of SR 104 and within the Thorndyke Tree Farm, shall be given in its entirety an underlying land use designation of Mineral Resource Land Overlay depicted on the corresponding map in "Attachment A". Section Two: "Attachment B & BI" describes the precise location of the Mineral Resource Land Overlay in a metes and bounds legal description. Section Three: Operational and other conditions similar to, but not necessarily the same, as those imposed as part of the MRLO approved via Ordinance No. 08-0706-04 (and as modified in December 2010) may be imposed through the permit process by Jefferson County on the applicant's business operations located at the real property that is the subject of this Comprehensive Plan Amendment. Section Four: if any section of this Ordinance is deemed either non-compliant or invalid pursuant to the Growth Management Act, then the development regulations and/or underlying zoning designations applicable to that parcel or parcels prior to adoption of the non-compliant or invalid section of this Ordinance shall be applicable to that parcel or parcels. Section Five: The map is hereby incorporated by attachment (Attachment A) -7- Section Six: The corrected legal description of the 18 -acre MRLO is incorporated by attachments (Attachments B & Bl). Section Seven: This Ordinance becomes effective on the date it is executed. APPROVED AND ADOPTED this _,L--) day of December, 2010. SEAV:' A"i`-TE ST: n JEFFERSON COUNTY BOARD OF COMMISSIONERS j David Sullivan, Chairman Lorna Delaney, Clerk of the Board 8- V�) Joh Austin, Commissioner Phil Johns xi,'Commissioner Lorna Delaney, Clerk of the Board 8- V�) Joh Austin, Commissioner ATTACHMENT Am � . � a-�- . \ �� ...§ . .. .. .. \ > ® � . � a-�- . \ �� \ > ® : E ± 2 s. © A Q % / \� ` U PC \ \ \ 2 § . ......... ATTACHMENT Teom4 Engineering 5819 N.E. minder Rd. Poelsbo, Washington 98370 1 1 (360) 297-5560 � i �-z (3601291 19b I Corrected Legal Description LEGAL DESCRH'TION — 8 -ACRE ASPHALT & BATCH PLANT AREA Beginning at the Northeast corner of Section 1, Township 27 North, Range I West, W.M., Jefferson County, Washington; Thence North 89° 00' 29" West along the northerly limits of said section a distance of 1,486.34 to the True Point of Beginning; Thence continuing North 89° 00' 29" West along the northerly limits of said section a distance of 427.68 feet_ Thence North 19° 03' 15" West a distance of 714.47 feet; Thence North 64° 35' 09" East a distance of 400.00 feet; Thence South 25° 24' S1" East a distance of 144.35 feet; Thence South 23° 58' 58" East a distance of 155.31 feet; Thence South 24' 21' 06" East a distance of 148.25 feet; 'thence South 22° 31' 38" East a distance of 118.44 feet; Thence South 16° 17' 30" East a distance of 115.41 feet; Thence South 10° 08' 42" East a distance of 147.62 feet; Thence South 06° 43' 16" East a distance of 82.11 feet to the True Point of Beginning. Miles Sand & Gravel Co. October 1. 2010 PO Box 130 DNR Permit 970-011936 Auburn, WA 98071-0130 ATTACHMENT Tearn4 Engineering 5819 N.E. Mindv Rd. - Pou6b�, Wo>hinyton 98370 .1,. (360) 297-5560 - I -i (360) 297-7951 Corrected Lesal Description LEGAL DESCRIPTION— 10 -ACRE PROCESSING AREA Beginning at the Northeast corner of Section 1, Township 27 North, Range I West, W.M., Jefferson County, Washington: Thence North 89° 00' 29" West along the northerly limits of said section a distance of 1,48634 to the True Point of Beginning; Thence continuing North 89° 00' 29" West along the northerly limits of said section a distance of 427.68 feet; Thence South 00° 59' 31" West a distance of 875.54 feet; Thence South 88° 04' 20" East a distance of 370.74 feet: Thence South 01 ° 55' 40" West a distance of 402.38 feet; Thence North 48° 25' 35" East a distance of 29.36 feet: Thence North 05° 40' 28" East a distance of 69.10 feet: Thence North I6° 17' 58" East a distance of 10734 feet; Thence North 16° 57' 08" East a distance of 104.18 feet; Thence North 14° 26' 18" East a distance of 101.78 feet: Thence North 10° 49' 00" East a distance of 105.91 feet: Thence North 03° 41' 43" East a distance of 128.01 feet; Thence North 04° 23' 33" West a distance of 42.44 feet; Thence North 02° 30' 27" West a distance of 65.72 feet: Thence North 05° 14' 59" West a distance of 18035 feet: Thence North 04° 56' 25 West a distance of 98.71 feet: Thence North 05° 22' 12" West a distance of 276.66 feet to the True Point of Beginning. Miles Sand & Gravel Co. October 1. 2010 PO Box 130 DNR Permit #70-011936 Auburn, WA 98071-0130 Regular Agenda JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street • Port Townsend • Washington 98368 360/379-4450 • 360/379-4451 Fax http://www.co.jefferson.wa.us/comrndevelopment/ JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Al Scalf, Director, Department of Community Development Stacie Hoskins, Planning Manager :Michelle Farfan, Associate Planner r DATE: December 13, 2010 SUBJECT: Deliberations and Final Decision on MLA10-00073, Miles Sand & Gravel Company 2010 Comprehensive Plan Amendment Final Docket STATEMENT OF ISSUE: On July 12, 2010, the Jefferson County Board of County Commissioners (Board) established the 2010 Comprehensive Plan Amendment Final Docket. A preliminary docket was not required this year as Jefferson County received only one site-specific Comprehensive Plan Amendment and received no suggested amendment proposals. The issue before the Board is final action on the 2010 Comprehensive Plan Amendment Final Docket. ANALYSIS/STRATEGIC GOALS/PROS and CONS: On November 1, 2010, the Board deliberated on the Planning Agency recommendations and directed staff to prepare two (2) ordinances: one to establish an 18 -acre mineral resource land overlay and another to amend Ordinance 08-0706-04 to reflect approval and recommendation by the Planning Agency. Board Final Docket Approval of MLA10-00073 Jefferson County Code 18.45.080(2)(d) directs the Board to take legislative action on the one (1) proposal comprising the 2010 Comprehensive Plan Amendment Final Docket no later than Monday, December 13, 2010, the second regular Board meeting in December. FISCAL IMPACT/COST-BENEFIT ANALYSIS: Staffing resources were committed from the general fund in the 2010 budget in support of Long - Range Planning. The applicants paid fees for this review process. FINAL STAFF RECOMMENDATION: Staff consulted with the Prosecutor's Office regarding final language to the two ordinances and has made the corrections and/or additions as suggested by David Alvarez, Civil Deputy Prosecuting Attorney. Staff respectfully requests the Board take legislative action for final approval of MLA10-00073 by adoption of the enclosed draft Ordinances with Attachments: 1. Establish an 18 -acre Mineral Resource Land Overlay, and 2. Amend Ordinance 08-0706-04 REVIEWED BY: hilip Morl y unty Adminis ator Date