HomeMy WebLinkAboutFINAL DECISION SUB25-00007 Airport Binding Site Plan
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JEFFERSON COUNTY HEARING EXAMINER 1820 Jefferson Street Port Townsend, WA 98368
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BEFORE THE HEARING EXAMINER FOR THE JEFFERSON COUNTY
In the Matter of the Application for
PORT OF PORT TOWNSEND
BINDING SITE PLAN
located at the Intersection of Four Corners
Road and Night Owl Road in
Unincorporated Jefferson County
DCD File No.: SUB 25-00007
FINDINGS OF FACT,
CONCLUSIONS OF LAW, AND
DECISION APPROVING
PRELIMINARY BINDING SITE
PLAN
SUMMARY OF DECISION
The Port of Port Townsend (Port or Applicant) seeks binding site plan approval to
construct a rural industrial park with 11 tracts on a 24-acre parcel near the corner of Four
Corners Road and Night Owl Road in unincorporated Jefferson County. After studying the
complete record, conducting a public hearing and hearing testimony, the undersigned Hearing
Examiner APPROVES the binding site plan WITH CONDITIONS as set out in this decision.
APPLICATION
Proposal: Applicant proposes division of a 24-acre parcel into 11 lots of approximately 1 acre
each, for individual development as light industrial use. Access will be from a new private road
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JEFFERSON COUNTY HEARING EXAMINER 1820 Jefferson Street Port Townsend, WA 98368
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across parcel number 001334041 to the south of the proposed development, to access Four
Corners Road to the south. Each lot will be developed by a tenant as a light industrial use that
may include a building up to 10,000 square feet in size, with parking and outdoor storage areas.
Because the parcel is in the Airport Essential Public Facility Overlay Districts II and III and also
in a Susceptible Critical Aquifer Recharge Area, numerous restrictions apply limiting uses of
the new tracts and the environmental impacts that may result from the use, as detailed in this
Decision. The project includes grading and storm drainage improvements, access roads, a
public water main to provide fire protection and services to each lot, a Large Onsite Sewage
System (LOSS), and landscaping consisting of native vegetation retention. Other utilities
include power, water, fiber optic cable, and communications provided by Jefferson County
Public Utility District (JPUD).
Location: The project site is located north of the intersection of Four Corners Road and Night
Owl Road in unincorporated rural Jefferson County, in the Prospect Avenue/Airport
Commercial Area Neighborhood.
Legal Description: Parcel No. 001331005, Sect. 33, Township 30N, Range 01W SW NE (less
tax 50) and Parcel No. 001334041 in Section 33, Township 30N, Range 01W TAX 102
SUB2024-00027
Applicant: Port of Port Townsend (Applicant); representatives Dave Nakagawara, Capital
Projects Engineer, and Bart Brynestad, Project Engineer.
Permitting Entity: Jefferson County Department of Community Development (DCD),
representatives Greg Ballard, Development Code Administrator/Lead Project Planner, and Mo-
chi Lindblad, Principal Planner.
Compliance under the State Environmental Policy Act (SEPA): Applicant submitted a
SEPA checklist on January 10, 2025. Ex. 17. On June 18, 2025 DCD Responsible Official Greg
Ballard issued a Determination of Non-Significance (DNS) on the proposal. Ex. 10. No
appeals were filed.
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Examiner Proceedings:
Prehearing Order Issued: July 25, 2025
Prehearing Conference: September 17, 2025
Hearing Opened: December 19, 2025
Hearing Closed: January 2, 2026
Hearing Record Closed: January 6, 2026
CONTENTS OF THE RECORD
The record consists of:
1. Staff Report updated December 26, 2025
2. Exhibit List as of December 26, 2025
3. Application
4. Pre-application Summary Notes
5. Site Development Review
6. Draft Binding Site Plan
7. Notice of Application
8. Adjacent Property Owners
9. Notice of Public Hearing – July 10, 2025
10. Final Determination of Non-Significance (DNS)
11. Geotechnical Report
12. Traffic Impact Report
13. Ecology SEPA Comments
14. Drainage Report
15. Olympic Region Clean Air Agency SEPA Comments
16. Applicant’s Response to the HE Prehearing Order
17. SEPA Checklist- January 10, 2025
18. Landscape Plan
19. Water Availability Letter
20. DOH LOSS “Proceed of Engineering” Approval Letter
21. Comments from the Office of Fire Marshal with East Jefferson Fire and Rescue’s
Input
22. Certificate of Mailing – Notice of Public Hearing for December 19, 2025
23. Comments from Environmental Public Health
24. Comments from Jefferson PUD
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25. Email from Washington State Department of Transportation
26. Email from Public Works and the Office of Fire Marshal regarding Secondary
Access
27. Miscellaneous exhibits that have been replaced/updated:
o Staff Report dated June 26, 2025
o Staff Report dated December 5, 2025
28. Port of Port Townsend Letter re: Water Availability and JCIA Master Plan Dec.
29, 2025
29. Recorded Road Segregation
30. Email from Port of Port Townsend indicating agreement with conditions re:
transit access and lighting.
The record also includes the recording of the virtual public hearing held December 19,
2025 at 9:30 a.m. and January 2, 2026 at 9:30 a.m. The Examiner heard testimony from DCD
Development Code Administrator/Lead Project Planner Greg Ballard. The Port presented the
testimony of David Nakawagara, Capital Projects Engineer, and Bart Brynestad, P.E. No
members of the public testified.
PROCEDURE
The application is for a binding site plan approval, and is a Type III land use application
under the Jefferson County Code (JCC). Under the Type III process, the Administrator
prepares a staff report which includes proposed findings, conclusions and recommendations for
disposition of the development application. JCC 18.40.280(2). The staff report with its
recommendations is transmitted to the Hearing Examiner for review. JCC 18.40.280(3). The
Hearing Examiner is required to conduct a public hearing noticed pursuant to JCC 18.40.230.
JCC 18.40.280(4). Following the public hearing, the Hearing Examiner makes a decision to
approve, approve with conditions, or deny the binding site plan approval. See JCC 2.30.120.
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FINDINGS OF FACT
All of the above information provided is adopted as findings of fact.
A. Proposal.
1. Applicant requests preliminary approval of a binding site plan (BSP) under Jefferson
County Code (JCC) 18.35.450 Article V Binding Site Plans. The proposal seeks to divide a 24-
acre parcel into 11 one-acre tracts, with roads, parking, utilities, open space tracts, and
landscape buffers as more particularly described in Exhibit 6. The project includes grading and
stormwater drainage, a private road, approximately 100 parking spaces, and an oval-shaped
driveway to accommodate fire trucks and commercial vehicles. Utilities will be provided by the
JPUD to the development and each lot, including water, electricity, fiber optic line, and
communications. Access is to the south through a second smaller parcel to Four Corners Road.
2. Applicant plans to retain ownership of all tracts and lease them out to light industrial
uses. Certain limitations will be included as part of the lease, including a restriction on building
size to at or below 10,000 square feet and the types of light industrial use allowed, as described
in more detail in this Decision.
3. Sewage disposal will be provided by a LOSS on a separate tract, Parcel No.
001334041, that also provides access to the development from Four Corners Road. Parcel No.
001334041 was created through a road segregation process (SUB2024-00027) with parcel
001334004 to allow an access and utility corridor to the primary parcel. Parcel 001334041 is
3.42 acres and will provide the access road, utilities corridor, and the onsite septic system for
the development. The use of this parcel is restricted to access and utility purposes under the
conditions attached to this Decision. See Condition 35.
4. There are no critical areas on-site; however, the entire parcel is located on a
Susceptible Aquifer Recharge Area (SARPA). The critical areas code prohibits certain uses
on sites located on a SARPA. JCC 18.22.330(1)(a) & (b).
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B. Vicinity.
1. The proposed BSP is located north of the intersection of Four Corners Road and
Night Owl Road in unincorporated Jefferson County. The proposed BSP consists of two
separate parcels, identified as parcel numbers 001331005 (1005) and 001334041 (4041), as seen
on the vicinity map below:
Map 1. Vicinity Map
2. The proposed BSP is bordered to the north by Jefferson County International Airport
(JCIA). The site is also bordered by developed and undeveloped parcels to the east and west.
One adjacent parcel contains a nursery and landscaping company, and the other is an existing
gravel mine that recently applied for an expansion through a conditional use permit. To the
east of the proposed BSP, there are two vacant parcels owned by Jefferson County Fire District
#1. Four Corners Road is located to the south of the proposal.
C. Comprehensive Plan Designations and Zoning.
1. The site is immediately south of the JCIA. The 24-acre parcel 1005 is within the
Airport Essential Public Facilities District (AEPF II and III), as designated in the Jefferson
County Comprehensive Plan, due to its proximity to the JCIA. Parcel 4041 is within AEPF
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II. There are numerous restrictions on uses that result from this proposal’s location in the
AEPF, as further described in this Decision. See Map 2 and 3, below.
Map 2. JCIA Master Plan Map A-2 Showing Overlay Zones.
Map 3. Jefferson County Comprehensive Plan Map AEPF Designations.
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2. AEPF II, which applies to both Parcels 1005 and 4041, is defined as follows in the
Comprehensive Plan:
Airport Overlay II is an airport operations awareness area delineated by the
WSDOT Aviation Division, Aircraft Accident Safety zone #6 recommendations
contained in the “Airports and Compatible Land Use” publication. The safety
zone correlates with the FAA mandated airport traffic pattern for JCIA, and is to
apprise the public, property owners and developers of the existence of the airport
traffic pattern and impacts from routine aircraft over-flights; and to identify an
airport safety zone within which certain uses that involve higher concentration of
people will be prohibited for safety and compatibility reasons.
Principal Land Use: Aviation facilities and activities
Comprehensive Plan, page I-22.
3. AEPF III, which applies only to Parcel 1005, is defined as follows in the
Comprehensive Plan:
The purpose of the Airport Overlay III is to provide a limited opportunity for rural
scale non-aviation-related industrial uses that contribute to the long-term financial
viability of the AEPF and to enhance the economic vitality and quality of life for
the citizens of Jefferson County.
Principal Land Use: Non-aviation-related light industrial/manufacturing in the
Airport Essential Public Facility [District]
Comprehensive Plan, page I-22.
4. Parcel 4041 is zoned Rural Residential-10 (RR:1-10) and is approximately 3.42
acres in size.
5. Both Parcels 1005 and 4041 are currently undeveloped and forested, with pathways
cleared throughout. The site has near level slopes throughout, with a steep slope in the
northeast corner.
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D. Project History, Application Process, Department Review, and Public Hearing
Notice.
1. The Hearing Examiner incorporates by reference into this Decision, as set out in full
below, the following findings from the Staff Report (Exhibit 1) at pp. 3-4: Findings A.8, A.9,
A.10, A.11, A.12, A.13, A.14, and A.15.
A. 8. Project History: The primary parcel 001331005 was rezoned from its previous
rural residential designation through a site-specific comprehensive plan amendment
(ZON2009-00025) to its current zoning as Airport Essential Public Facility (AEPF) in
2009, in anticipation of the subject application deemed necessary for light industrial
development. The secondary parcel 001334041 abutting Four Corners Road was
created through a subdivision-exempt segregation (SUB2024-00027) in 2024 to
facilitate the Port’s acquisition of a fee simple interest for development of an access
road and utilities to serve the planned rural light industrial park on parcel 001331005.
Parcel 001331006 to the east of the primary parcel was permitted (ZON2019-00033)
and developed most recently as a retention pond to handle stormwater runoff related to
airport development.
A. 9. Pre-application Conference: A pre-application conference with land use,
building, Environmental Health, and Public Works was held on October 4, 2024
(Exhibit 4).
A. 10. Site Development Review: A Site Development Review SDR2024-00191
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
(Exhibit 5).
A. 11. Date of Application: Application was received on January 16, 2025 and deemed
substantially complete on January 28, 2025 (Exhibit 3).
A. 12. 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
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A. 13. Public Comment:
Staff mailed the notice of application and received no written public comments.
A. 14. Department/Agency 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: comments received; relevant comments
have been incorporated into the conditions of approval.
Jefferson County Public Works Department: comments received; relevant comments
have been incorporated into the conditions of approval.
Jefferson County Assessor: comments received (the first comment has been addressed
by the applicant and incorporated into a revised BSP Plan/Map – Exhibit 6). Other
relevant comments have been incorporated into the conditions of approval.
Jefferson County Fire Marshal: comments received; relevant comments have been
incorporated into the conditions of approval.
East Jefferson Fire and Rescue: comments received; relevant comments have been
incorporated into the conditions of approval.
Jefferson County Sheriff: No comments received.
Jefferson County Transit: No comments received.
Jefferson County PUD#1: comments received; relevant comments have been
incorporated into the conditions of approval.
Olympic Regional Clean Air Agency (ORCAA): comments received; relevant
comments have been incorporated into the conditions of approval.
Washington State Department of Ecology: comments received; relevant comments have
been incorporated into the conditions of approval.
Washington State Department of Transportation: comments received; relevant
comments have been incorporated into the conditions of approval.
A-15. Public Hearing Notice Information:
Notice publication, posting on site and posting at DCD offices and Courthouse date:
June 18, 2025 (Exhibit 9) and November 24, 2025 (Exhibit 22)
Notice mailed to adjacent property owners: June 17, 2025 and November 24, 2025
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E. Public Hearing.
1. The Hearing Examiner conducted a duly noticed virtual public hearing as required by
JCC 18.40.280 (4) on December 19, 2025, that was continued until January 2, 2026. The record
closed on Tuesday January 6, 2026, with 30 exhibits in the record, as listed in this Decision. No
members of the public attended the hearing. The Hearing Examiner heard sworn testimony
from Greg Ballard representing the Jefferson County Department of Community Development
(DCD), and Dave Nakawagara and Bart Brynestad for the Applicant.
F. Binding Site Plan.
1. A binding site plan divides land into smaller parcels as an alternative to the subdivision
process. RCW 58.17.035. A primary purpose of a binding site plan ordinance is “to create or
modify divisions of land for sale or lease of commercially or industrial zoned property.” Id.
Binding site plans tie a future development to an approved set of conditions and site layout.
1. The relevant binding site approval criteria are found at JCC 18.35.490(1):
(1) Binding site plans shall be approved upon showing that all of the following have
been satisfied:
(a) The proposed binding site plan conforms to all applicable county, state and
federal zoning, land use, environmental and health regulations and plans, including
but not limited to the following:
(i) The Jefferson County Comprehensive Plan; and
(ii) The provisions of this code, including any incorporated standards;
(b) Utilities and other public services necessary to serve the needs of the proposed
binding site plan shall be made available, including open spaces, drainage ways,
roads, streets and other public ways, potable water, transit facilities, sewage
disposal, parks, playgrounds, schools, sidewalks and other improvements to assure
safe walking conditions for students who walk to and from school;
(c) The probable significant adverse environmental impacts of the proposed binding
site plan, together with any practical means of mitigating adverse impacts, have
been considered such that the proposal will not have an unacceptable adverse effect
upon the quality of the environment, in accordance with the State Environmental
Policy Act (SEPA) implementing provisions contained within Chapter 18.40 JCC
and Chapter 43.21C RCW;
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(d) Approving the proposed binding site plan will serve the public use and interest
and adequate provision has been made for the public health, safety and general
welfare.
G. The Proposal’s Compliance with JCC 18.35.490(1)(a).
1. There are no specific uses attached to this proposal; the proposal before the Examiner
seeks preliminary approval to subdivide the 24-acre parcel into 11 one-acre tracts to be developed
in the future. While a determination on specific uses is not currently before the Hearing
Examiner, this Decision must contain conditions to guide future development and ensure this
proposal is developed in compliance with the Comprehensive Plan and the JCC. Because the
requirements for specific uses are somewhat complicated, those requirements are set out in
Section H below, for ease of use. The central requirement of the sections or subsections is
highlighted. This Decision approving the BSP is conditioned upon compliance with the
requirements in Section H.
H. The Requirements for Uses Proposed on Tracts within the Binding Site Plan to
Comply with Comprehensive Plan and Development Regulations- JCC
18.35.490(1)(a).
1. The subject property is governed by AEPF II and III, which are overlay districts
created by the Comprehensive Plan. Most overlay districts attach restrictions to a menu of
specific uses. What is unusual about the AEPF II and III is that there are no specific uses
attached to a zoning matrix for this Overlay District and limited uses described in code
language. Otherwise, there is very general direction from the Comprehensive Plan, along with
numerous restrictions within the Plan and the land use code.
2. The AEPF (Districts I, II, and III) is a land use overlay district that consists of land
owned primarily by the Port that directly and indirectly supports the operation of the JCIA,
which is located immediately north of the subject property.
3. The Comprehensive Plan guides the development of the site and the greater JCIA
Airport Essential Public Facility District. Parcel 1005 is located within the AEPF Overlay
Districts II and III. Airport Master Plan at Fig. A.2. Policy CF-P-10.1 and JCC 18.15.405
requires that all new uses in these areas be consistent with the Airport Master Plan.
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Accordingly, any use proposed for the industrial park must demonstrate compliance with
the Airport Master Plan.
4. The Comprehensive Plan requires that any use within these districts comply with the
following:
This sub-area plan and its implementing regulations may allow non-aviation uses and
activities that are compatible with the airport facility and surrounding area. Consider
the following criteria for all new uses and activities proposed for siting at the
Jefferson County International Airport and all plans for facilities expansion in
the plan and associated development regulations:
• Compatibility with airport operations as an essential public facility;
• Provision of infrastructure consistent with the requirements of the GMA;
• Land use compatibility with surrounding area;
• Potential environmental impacts;
• Availability of alternative sites;
• Public health and safety; and
• Sub-area plan amendment process for possible future acquisition of adjacent
properties.
Policy CF-P-10.2 (emphasis added). Any use proposed for the industrial park must
demonstrate compliance with this comprehensive plan requirement.
5. Parcel 1005 is the only parcel within the AEPF III District. The purpose of AEPF III
is to provide a limited opportunity for rural scale non-aviation related industrial uses that
contribute to the long-term financial viability of the AEPF and to enhance the economic vitality
and quality of life for the citizens of Jefferson County. JCC 18.15.453(1). Uses must be
consistent with, and help to implement, the FAA-approved JCIA master plan, which anticipates
non-aviation-related industrial development to the south of the runway areas. See JCC
18.15.405(3). The only use described within AEPF III designation is “non-aviation-related
light industrial/manufacturing.” JCC 18.15.453(4).
6. As stated above, JCC 18.15.453 specifies that non-aviation related light
industrial/manufacturing uses are permitted in AEPF III. Because uses are limited to these
categories, any use proposed as non-aviation light industrial or manufacturing must
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comply with one of the following definitions, comply with all other applicable development
standards and restrictions set out in Jefferson County Code and this decision, and be
determined not to be aviation-related:
JCC 18.10.120 “Light industrial” means a use involving: (a) basic processing and
manufacturing of materials or products predominantly from previously prepared
materials; or (b) finished products or parts, including processing, fabrication, assembly,
treatment, packaging, incidental storage, sales, and distribution of such products, but
excluding basic processing of raw materials except food products.
JCC 18.10.130 “Manufacturing” means the mechanical or chemical transformation of
materials or substances into new products, including the assembling of component parts,
the creation of products, and the blending of materials, such as lubricating oils, plastics,
resins, or liquors.
7. Uses-permitted, conditional, discretionary, and special uses. The following
provisions apply to AEPF II. All of the following provisions apply to any use proposed for
Parcel 1005:
A. JCC 18.15.1116 provides a list of permitted uses. Only uses listed within JCC
18.15.1116(3)-(7) are non-aviation related, so uses listed in JCC 18.15.1116(1) and (2)
are prohibited on Parcel 1005. The uses within JCC 18.15.1116(3)-(7) are permitted
on Parcel 1005 as long as the use is non-aviation and is either light industrial or
manufacturing. All proposed uses must meet all applicable development standards and
restrictions in Jefferson County Code.
B. JCC 18.15.1118 provides a list of conditional, discretionary and special uses for
AEPF II. These uses are permitted on Parcel 1005 as long as they are non-aviation
and either light industrial or manufacturing. All of these uses must meet all
applicable development standards and restrictions in Jefferson County Code and this
decision. These uses are classified as “C,” “C(a),” “C(d),” and “D.”
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C. JCC 18.15.1120 specifies that certain accessory uses are permitted. All accessory
uses must meet all applicable development standards and restrictions in Jefferson
County Code and this decision.
8. While the above definitions and code provisions seem to provide somewhat broad
categories of possible uses of the divided tracts within the proposal, the Jefferson County Code
cites numerous restrictions on the possible uses for this property as a result of being in the
AEPF II. Therefore, any use proposed for one of the tracts shall meet the following
requirements for uses on this property, as set out below:
Consistent with Policy CF-P-11.1, new incompatible uses to the AEPF Overlay
District shall be prohibited. All development within the BSP must demonstrate
compatibility with the requirements of the Airport Master Plan, the
Comprehensive Plan, and development regulations enumerated in chapter 18.15
JCC pertaining to AEPF Overlay District II and III. Pursuant to JCC 18.15.452,
incompatible uses that are prohibited in the BSP include, but are not limited to the
following:
(a) Manufactured/mobile home parks;
(b) Nursing/convalescent/assisted living facilities;
(c) Hospitals (medical, dental, vision and veterinary clinics which comply with
the density standards are permissible);
(d) Education facilities (state-owned);
(e) College or technical schools/adult education facilities (not state-owned);
(f) Schools, primary and secondary.
9. No use approved for Parcel 1005 may involve a development that could employ or
accommodate more than 100 persons per acre. See JCIA Master Plan at A6 (2014); see JCC
18.15.435.
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10. Any new use which involves release of airborne substances, such as steam, dust,
and smoke which interfere with aircraft operations is prohibited. Policy CF-P-11.4; JCC
18.15.1122(1).
11. New development that creates a glare of lighting that interferes with the lights
necessary for aircraft navigation, including landing and take-off, is prohibited. JCC
18.15.1128; Policy CF-P-11.5.
12. Any new use that attracts concentrations of birds, waterfowl, or wildlife (including
but not limited to, mixed solid waste landfill disposal facilities, waste transfer facilities,
feeding stations, and the growth of certain vegetation) is prohibited. Policy CF-P-11.7; JCC
18.15.1122(2).
13. Any new use that is determined to pose a hazard to the safe operation of the airport
as an aviation facility is prohibited. JCC 18.15.1122(3).
14. JCC 18.22.330(1)(b) prohibits the following uses on Parcel 1005 and 4041, due to
the fact that the subject property is a Special Aquifer Recharge Protection Area (SARPA) and a
Susceptible Aquifer Recharge Area:
Table 18.22.330(1) – Critical Aquifer Recharge Area High Impact Activities
Critical Aquifer Recharge Area High Impact Activities
Chemical manufacturing and reprocessing
Creosote/asphalt manufacturing or treatment (except that asphalt batch plants may be
permitted in susceptible aquifer recharge areas only if such areas lie outside of special
aquifer recharge protection areas and only if best management practices are implemented
pursuant to JCC 18.20.240(2)(h)(iv) and 18.30.170(1) and an accepted aquifer recharge
area report)
Dry cleaners
Electrical battery processing, reprocessing or storage
Electroplating and metal coating activities
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Table 18.22.330(1) – Critical Aquifer Recharge Area High Impact Activities
Critical Aquifer Recharge Area High Impact Activities
Hazardous substance disposal, storage, and treatment facilities
Junk and salvage yards
Landfills
Petroleum product refinement and reprocessing
Pipelines
Radioactive disposal or processing of radioactive wastes
Recycling centers or recycling collection facilities as defined in JCC 18.10.180
Storage tanks (above or below ground) for hazardous substances or petroleum products
Waste piles as defined in WAC 173-303-660
Wood and wood products preserving
15. Parcel 1005 and 4041, as properties within the AEPF II District, also carry
other numerous restrictions due to their proximity to JCIA. Therefore, the following
restrictions are also applicable:
A. Land uses and development shall comply with the standards established in the
Federal Aviation Regulations (FAR), Part 77 (Objects Affecting Navigable Airspace).
Where the standards contained in this section conflict with FAR, Part 77, the more
restrictive shall apply. All other development standards and review and approval criteria
in this code shall also apply. JCC 18.15.1124.
B. Any development shall comply with the following standards in the Comprehensive
Plan and development regulations:
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(i) Lighting shall not create glare or interfere with the lights necessary for aircraft
navigation, including landing and take-off. JCC 18.15.1128; Policy CF-P-11.5.
(ii) Facilities which emit electrical currents must install and use equipment in a
manner that does not interfere with communication systems or navigational
equipment. Policy CF-P-11.6; JCC 18.15.1126.
(iii) Any parcel within the BSP is subject to the FAA-established building
restriction line and all applicable regulations. JCC 18.15.453(3).
C. JCC 18.15.453 Development Standards. In addition to the standards for new
development in the AEPF district set forth in JCC 18.15.1124 through 18.15.1132, the
following provisions apply:
(i) Impervious Surface Coverage, Building Dimension and Height Restrictions.
(a) Total impervious surface coverage shall not exceed 25 percent.
(b) No structure shall exceed 10,000 square feet in size.
(c) Notwithstanding JCC 18.15.1130, in no instance may structures exceed
35 feet in height.
(ii) Vegetation Retention and Perimeter Buffering. Existing vegetation shall be
maintained to the maximum extent practicable in order to reduce soil erosion,
provide habitat for wildlife, screen light industrial uses from view, and maintain
the predevelopment hydrologic regime. Additionally, Parcel 1005 shall maintain
a minimum 50-foot-wide buffer along the outer perimeter of each ownership
parcel (i.e., not leasehold parcels created through a future binding site plan
process) within the overlay to screen industrial uses from view and maintain the
unincorporated rural aesthetic values of the locale.
D. JCC 18.15.1132 requires that all uses shall be served by adequate transportation
facilities, including appropriate facilities for transit, pedestrians, and bicycles. Where
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transportation facilities are not adequate to serve a proposed use, the applicant shall
make provision for necessary improvements. Transportation facilities shall be deemed
adequate if necessary improvements are planned and funded in the Jefferson County
Comprehensive Plan Six-Year Transportation Improvement Program. Transportation
facilities shall meet the design standards of the department of public works and Jefferson
Transit. These standards include, but are not limited to, the American Association of
State Highway and Transportation Officials (AASHTO) “Policy on Geometric Design of
Highways and Streets,” the Institute of Transportation Engineers “Trip Generation
Manual,” and the Washington Department of Transportation “Highway Design Manual”
and “Standard Specifications for Road, Bridge, and Municipal Construction.”
E. Any development occurring within AEPF II shall incorporate Low Impact
Development (LID) practices to the maximum extent feasible. The most recent edition
of the Low Impact Development Technical Guidance Manual for Puget Sound (May
2005) shall be used as a primary source in reviewing and mitigating development
occurring with the overlay district. See JCIA Master Plan at A6 (2014).
F. The JCIA Master Plan requires that Parcel 1005 obtain water service to the Industrial
Park by utilizing the existing water service from the northside of the Airport.
Stormwater and wastewater are proposed for conveyance from the site to the southeast
corner of the Airport, with detention and treatment facilities implemented on airport
property. An FAA compliance assessment may be required to evaluate this potential
stormwater and wastewater detention and treatment proposal. JCIA Master Plan at D21
(2014). The Port clarified at hearing that this requirement within the Master Plan was
conceptual in nature, and the Port has determined that water service will be obtained
from Four Corners Road, south of the property. Ex. 28.
G. The development is appropriate and constitutes a use within a limited range of non-
aviation-related rural light industrial uses that foster the Port’s ability to assure the long-
term financial viability of the AEPF. It shall be consistent with, and help to implement
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the FAA-approved JCIA master plan, which anticipates non-aviation-related industrial
development to the south of the runway areas. See JCC 18.15.405(3).
H. Prior to approval of a conditional use permit for a use located within Airport
Overlay II, the administrator or hearing examiner shall make the following finding: “The
proposed use is compatible with ongoing flight operations conducted at the Jefferson
County International Airport Essential Public Facility.” JCC 18.15.450.
I. Compliance with JCC 18.35.490(1)(b)1- Infrastructure Requirements. Applicant must
provide the following information to demonstrate that the proposal meets the infrastructure
requirements of JCC 18.35.490(1)(b):
1. Fire Safety: Exhibit 21 of the record is a comment letter from the Fire Marshal,
Brian Tracer, detailing the following fire safety requirements for the proposal: (1) the
installation of fire hydrants along with water extensions and all necessary water improvements
is subject to the Fire Marshal’s approval prior to approval of the final binding site plan; (2) the
Fire Marshal shall approve construction standards for roads used for emergency access; (3) the
Fire Marshal shall approve signage on the Loop Road to prevent parking that could interfere
with fire truck access; (4) In consultation with East Jefferson Rescue, the Fire Marshal may
require that the width of the loop road be increased to larger than a 26-foot width to
accommodate fire truck apparatus prior to final binding site plan approval; and (5) Minimum
water flow of 1500 gallons per minute may need to be increased based on a need for additional
fire flow to the industrial area, to be determined prior to final binding site plan approval.
1 JCC 18.35.490(1)(b) states:
(1) Binding site plans shall be approved upon showing that all of the following have been satisfied:
(b) Utilities and other public services necessary to serve the needs of the proposed binding site plan shall
be made available, including open spaces, drainage ways, roads, streets and other public ways, potable
water, transit facilities, sewage disposal, parks, playgrounds, schools, sidewalks and other improvements
to assure safe walking conditions for students who walk to and from school….
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2. Sewage Treatment: Applicant testified at hearing that it has applied to install a Large
Onsite Septic System (LOSS) on access parcel 4041 to supply sewage treatment for the
development. Exhibit 20 in the record is a letter from the Washington State Department of
Health confirming feasibility of the conceptual design for the LOSS, and authorization to
proceed to engineering. The LOSS system must be completed and operational prior to final
binding site plan approval.
3. Water Availability: Exhibit 19 is a verification by JPUD of water availability for the
proposal. Because of the uncertainty regarding the type of uses that will occupy the
development and their possible water needs, each new connection will need to submit its own
request for water availability when service is needed. Ex. 1, p. 11.
4. Drainage Improvements: Exhibit 14 in the record is a preliminary storm drainage
review for the proposal completed by AHBL in December 2024. The preliminary report
contains a site description and drainage analysis for the proposed stormwater management
facility, and details how the proposed design will comply with the minimum requirements of
the 2024 Stormwater Management Manual for Western Washington published by the
Washington State Department of Ecology (Ecology) and all Low Impact Development (LID)
requirements. Ex. 14, p. 2-3. The staff report (Ex. 1) confirms that a full onsite conveyance
analysis will be provided with the final Storm Drainage Report. Ex. 1, p. 10. A construction
stormwater prevention pollution prevention plan will also be prepared in conjunction with the
final stormwater report, to comply with state requirements for coverage under the Construction
Stormwater General Permit issued by Ecology. Id.
5. Roads and Transit Facilities: A Traffic Impact Analysis (TIA) dated November 19,
2024 was submitted by Applicant as part of the application. See Ex. 12. Given there is a
virtually no information regarding the uses that will occupy the development, it is impossible to
gauge accurately the traffic demand that will occur as a result of the development. As stated by
the staff report, “The limited TIA found the Levels of Service (LOS) at the study intersections
and site access would operate at an acceptable level.” This proposal accesses a county road that
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intersects with two different state highways- Highways 19 and 20. The Washington State
Department of Transportation recognized that review at this time was inconclusive and stated
that it “reserves comment” until such time the tenants are proposed to determine whether the
assumptions made in the TIA are accurate. Ex. 25. Therefore, this proposal shall be
conditioned to require a traffic analysis as a part of each approval for a new use within the
developed project.
6. Exhibit 6 contains the binding site plan technical drawing and plan. As stated in
JCC 18.35.620, both DCD and the Department of Public Works are responsible for reviewing
all engineering drawings and for the supervision, inspection and acceptance of all subdivision
improvements. It is the responsibility of DCD and Public Works to ensure that all requirements
are installed as designed in the engineered plans for the binding site plan prior to final binding
site plan approval. Ex. 1, p. 11. As testified at hearing by DCD and the Applicant, Exhibit 6
contains all necessary technical engineering information necessary for preliminary binding site
plan approval.
7. Transit Facilities: As a condition of approval, Applicant is required to provide
facilities for a transit stop at the intersection of Four Corners Road with the access road for the
facility, unless waived by Jefferson Transit Authority. See Ex. 30.
8. Lighting: Applicant testified that there will be no lighting on the site, except for
lights provided by tenants on the individual tracts. As a condition of this approval, each lease
with an individual tenant of one of the tracts shall contain the following requirement: “All
exterior lighting shall be energy-efficient and designed to minimize light pollution. Fixtures
must be shielded or recessed to ensure that direct glare and reflections are contained with the
boundaries of the parent lot. New development that produces glare or lighting that interferes
with aircraft navigation, including landing and take-off, is prohibited.” See id.
9. Landscaping: Exhibit 18 in the record contains the landscaping plan for Parcel 1005
and 4041. The Applicant will provide areas of native growth vegetation as designated on the
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plan, including a 50-foot perimeter buffer containing mature trees and understory surrounding
the 11 lots on the Loop Road proposed for parcel 1005, as shown below:
Ex. 18. The plan provides areas of native growth vegetation in the center of the loop, in parcel
areas adjacent to Road A and an area north of the loop, just right of the center. The plan also
shows a native growth vegetation area on Parcel 4041. As testified to by the Applicant and
DCD at the hearing, this site currently is heavily wooded with trails throughout. The Applicant
proposes to leave the areas indicated as “Native Vegetation Protection Area” on Exhibit 18 in
their current vegetated state to satisfy landscape buffer requirements. DCD has determined that
this landscape plan satisfies the requirements of the code, with the caveat that any area that is
cleared within the “Native Vegetation Protection Area” for any reason must be revegetated with
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like vegetation that will provide equivalent protection to surrounding areas from the light
industrial and manufacturing uses on site. Testimony of Greg Ballard.
J. Compliance with SEPA.
1. Applicant submitted a SEPA checklist to DCD on January 10, 2025. Ex. 17. On
June 18, 2025 DCD Responsible Official Greg Ballard issued a Determination of Non-
Significance (DNS) on the proposal. Ex. 10. No appeals were filed. Due to the lack of
information included in the proposal regarding the uses that will be occupying the site, the
SEPA responsible official will have to determine what, if any, additional information is required
to determine probable environmental impacts under SEPA of the future uses occupying the
development.
K. General.
1. Any finding of fact which may be deemed a conclusion of law is hereby adopted as
such, and vice versa.
CONCLUSIONS OF LAW
1. The Hearing Examiner has jurisdiction over this application. JCC 18.40.280.
Under JCC 2.30.120, the Examiner may approve, modify, or deny the requested permit or
decision.
2. Under JCC 2.30.120(6), the Hearing Examiner may include conditions to ensure a
proposal conforms to the relevant decision criteria, and that have a nexus to the county’s
interest and are roughly proportional to the impacts of the action being considered by the
Examiner.
3. The Examiner concludes that the public notice and hearing requirements for this
application have been met. See Findings of Fact D.1.A.10, A.11, A.12, A.13, A.14, A.15; E.1.
4. JCC 18.35.490(1) contains the relevant criteria for consideration of the preliminary
binding site plan proposal:
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(1) Binding site plans shall be approved upon showing that all of the following have
been satisfied:
(a) The proposed binding site plan conforms to all applicable county, state and
federal zoning, land use, environmental and health regulations and plans, including
but not limited to the following:
(i) The Jefferson County Comprehensive Plan; and
(ii) The provisions of this code, including any incorporated standards;
(b) Utilities and other public services necessary to serve the needs of the proposed
binding site plan shall be made available, including open spaces, drainage ways,
roads, streets and other public ways, potable water, transit facilities, sewage
disposal, parks, playgrounds, schools, sidewalks and other improvements to assure
safe walking conditions for students who walk to and from school;
(c) The probable significant adverse environmental impacts of the proposed binding
site plan, together with any practical means of mitigating adverse impacts, have
been considered such that the proposal will not have an unacceptable adverse effect
upon the quality of the environment, in accordance with the State Environmental
Policy Act (SEPA) implementing provisions contained within Chapter 18.40 JCC
and Chapter 43.21C RCW;
(d) Approving the proposed binding site plan will serve the public use and interest
and adequate provision has been made for the public health, safety and general
welfare.
5. As documented in the Findings of Fact, the proposal is consistent with the
comprehensive plan and development regulations, as conditioned in this decision. The
proposal meets criteria (a)(i) and (ii) for preliminary binding site plan approval.
6. The proposal, as conditioned, also meets criteria (b) for preliminary binding site plan
approval. The site will be served by adequate public facilities, including fire protection and
utilities. Given that this proposal is not a residential subdivision with children, there is no need
to address safe conditions for students who walk to and from school. The Department of
Public Works and DCD will work together in assessing sidewalk needs within the development
as a part of final binding site plan approval.
7. The proposal meets criteria (c) for a preliminary binding site plan approval. The
Applicant has satisfied all requirements under SEPA for this proposal. As stated in Finding of
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Fact J.1, additional information may be required under SEPA in the future concerning tenant
proposals at the development to determine probable environmental impacts under SEPA of the
uses occupying the development.
8. The Hearing Examiner concludes that the proposal, as conditioned, meets criteria (d)
for preliminary binding site plan approval. The proposal will serve the public interest as
expressed in the comprehensive plan and development regulations. The purpose of AEPF III is
to provide a limited opportunity for rural scale non-aviation related industrial uses that
contribute to the long-term financial viability of the AEPF and to enhance the economic vitality
and quality of life for the citizens of Jefferson County. JCC 18.15.453(1). As conditioned, this
preliminary binding site plan will meet this goal. The Hearing Examiner also concludes that, as
conditioned and limited in this Decision, the proposal makes adequate provision for the public
health, safety, and general welfare of the citizens of Jefferson County.
9. The staff report contains additional information concerning compliance with the
above criteria and the Hearing Examiner incorporates the discussion contained in the staff
report at pp. 4-13 by reference in its entirety as a part of this decision. The Examiner
concludes that the proposal meets each of the applicable criteria for approval of a preliminary
binding site plan.
10. The conditions of approval are reasonable and capable of being accomplished, and
they should be required to assure the proposed preliminary binding site plan meets the criteria
of JCC 18.35.490.
11. The Hearing Examiner concludes that, as conditioned, the preliminary binding site
plan is compatible with ongoing flight operations conducted at the Jefferson County
International Airport Essential Public Facility. See JCC 18.15.450.
DECISION
The Hearing Examiner grants approval of the binding site plan, with the attached
conditions of approval.
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SO ORDERED, this 20th day of January 2026.
Barbara Dykes Ehrlichman
Hearing Examiner
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NOTICE OF RIGHT TO APPEAL AND TIME LIMIT
Pursuant to RCW Chapter 36.70C, the Applicant or any aggrieved party may appeal the final
decision to the Jefferson County Superior Court within twenty-one (21) calendar days of the
date of issuance of the land use decision. For more information related to judicial appeal, see
JCC 18.40.340.
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CONDITIONS OF APPROVAL
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 is required along the perimeter of the development area within this
binding site plan. If this vegetation is removed below Landscape Screen-A standards found in
Section 18.30.130(3)(a) JCC, a landscaping plan meeting the standards of JCC 18.30.130 shall
be submitted to the Department of Community Development (DCD) for review and approval.
Any area that is cleared within the “Native Vegetation Protection Area” identified in Exhibit
18 for any reason must be revegetated with like vegetation that will provide equivalent
protection to surrounding areas from the light industrial and manufacturing uses on site.
2. Approval of this proposal is contingent upon all future development and associated
appurtenances being connected to an approved LOSS and receiving water service from the
Quimper water system.
3. The applicant shall apply for and obtain a permit for a Large On-site Sewer System (LOSS)
from the State Department of Health. The LOSS must be completed and ready to be
operational prior to final binding site plan approval. Prior to Jefferson County
Environmental Health sign off of the final binding site plan, Applicant shall submit a letter
from an approved public management entity stating that they will be managing the LOSS
according to the standards set forth in JCC 8.15.100.
4. The existing water well shown on the site plan in proposed Tract D with the 100-foot
protective radius is a water well owned by Jefferson County PUD (known as the Four Corners
well). This well shall be labelled: Jefferson County PUD water well tag # AGS260. The
Wellhead Protection Area shall be protected from contamination pursuant to the requirements
of the Washington State Department of Health and the Jefferson County PUD.
5. There is one monitoring well about 90 feet southwest of the PUD’s water well tag # AGS260.
On the site plan, the label “Monitoring well” has two arrows – one arrow pointing at the
monitoring well and one arrow pointing at the PUD water well. Remove the second arrow
pointing at the PUD water well.
6. The property is located within the Jefferson County PUD Quimper public water service area.
Future building permits proposing plumbing will be required to provide proof of potable water
through a Water Availability Letter from Jefferson PUD.
7. The industry standard setback of a minimum of 10 feet between potable water line and sewer
line components shall be applied to each lot.
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8. The applicant shall obtain coverage under the Construction General Stormwater Permit
(CGSWP) or apply for an individual permit as may be required by the Department of
Ecology.
9. Pursuant to JCC 18.30.060 and 18.30.070, a stormwater management plan meeting Minimum
Requirements #1 through #9 of the Department of Ecology latest version of the Stormwater
Management Manual for Western Washington shall be submitted to DCD, to be reviewed and
approved by the Public Works Department. The plan must address temporary measures for
erosion, sediment and stormwater control during construction, as well as permanent
stabilization and operational features post-construction.
10. Stormwater management facilities shall be constructed under the supervision of a licensed
professional engineer. Prior to final project approval, the proponent shall submit a certification
letter from the project engineer verifying that all stormwater facilities were constructed in
accordance with the approved plans. The final plans must be approved by DCD and the
Department of Public Works.
11. The proponent shall implement the final approved stormwater management plan throughout
the duration of the development.
12. Easements for private roads providing access or internal circulation within the binding site
plan shall be 60 feet wide. A reduction in width may be considered upon recommendation by
the Department of Public Works, provided that public health, safety, and welfare are not
compromised, and the proposed width remains adequate for the construction and maintenance
of roads and utilities. Where reduced easements are approved, parallel utility easements may
be required.
13. Prior to the commencement of construction, the Applicant shall submit engineering plans for
roads, bridges, stormwater facilities, and other regulated land-disturbing activities to the
Department of Public Works for review and approval.
14. In accordance with JCC 18.30.080(1)(f), the Department of Public Works shall inspect all
clearing, grading, and construction activities involving roads, bridges, utilities, and stormwater
facilities. To facilitate timely inspections, the applicant shall coordinate scheduling with the
department at (360) 385-9160. Typical inspections may include:
a. Installation of temporary erosion and sediment control measures;
b. Clearing (and Grading) and road subgrade preparation;
c. Placing roadway gravel base;
d. Placing roadway crushed surfacing top course;
e. Placing improved roadway surface (chip seal or asphalt concrete);
f. Construction of stormwater management facilities;
g. Final plat review;
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h. Additional inspections may be deemed necessary as project progresses.
15. Prior to final binding site plan 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.
16. The applicant shall obtain a Road Approach Permit from the Public Works Department for
road access off Four Corners Road.
17. All new buildings must be provided with approved address identification that is clearly legible
and visible from the street or road fronting the property. Address permits may be deferred to
the applicable building permit for each building or structure requiring an address. Any
addresses issued prior to final approval shall be shown on the final binding site plan.
18. Prepare and implement a cultural resource management plan (CRMP). The CRMP shall
establish a process for continued protection of known or unknown cultural resources within
the project site. This Plan includes a process for unanticipated discovery. The Plan shall set
forth protocols to be initiated if cultural resources are inadvertently discovered during
construction or operation of the project. The plan also described the legal requirements and
regulatory protocols to be followed if human remains are encountered during construction
and operation of the project.
19. Prior to final binding site plan approval, fire protection facilities shall be installed in
accordance with the Jefferson County Office of the Fire Marshall (OFM) comment letter
dated November 25, 2025 unless amended in writing by the OFM in consultation with East
Jefferson Fire Rescue (EJFR). The comment letter included the following: (1) the
installation of fire hydrants along with water extensions and all necessary water
improvements is subject to the Fire Marshal’s approval prior to approval of the final binding
site plan; (2) the Fire Marshal shall approve construction standards for roads used for
emergency access; (3) the Fire Marshal shall approve signage on the Loop Road to prevent
parking that could interfere with fire truck access; (4) In consultation with East Jefferson
Rescue, the Fire Marshal may require that the width of the loop road be increased larger
than a 26-foot width to accommodate fire truck apparatus prior to final binding site plan
approval; and (5) Minimum water flow of 1,500 gallons per minute may need to be
increased based on a need for additional fire flow to the industrial area, to be determined
prior to final binding site plan approval.
20. Water main extensions and water system improvements that may be required to service the
development shall be installed prior to final binding site plan approval. The water purveyor
shall provide documentation certifying their water system has the capacity and capability to
provide the required fire flow.
21. Roads used for emergency or fire access shall be constructed with an asphalt, or concrete,
all-weather driving surface capable of supporting the imposed load of fire apparatus
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weighing up to 75,000 pounds (34,050 kg). This standard shall also apply to all vaults, lids
or other assemblies located within the driving surface.
22. Signage noting “no parking”, “no loading / unloading”, or “fire lane”, etc. is required along
Loop Road.
23. Angles of approach and departure - Roadway width and all radius will be reviewed in
consultation with East Jefferson Fire Rescue in an effort to ensure sufficient fire apparatus
access. (Example - EJFR Ladder 1 requires R39”). Greater road width and turning radius
may be needed based on future design and development.
24. The Jefferson County's Coordinated Water System Plan (CWSP) requires a minimum 1,500
GPM for industrial areas. This minimum standard may be increased based on the need for
additional fire flow. A maximum spacing within industrial areas between hydrants at 1,000
to 1,500 feet. Additional Fire hydrants may be required based on the need for additional fire
flow.
25. The location of all hydrants shall be noted on the final binding site plan and all distances
verified by a surveyor. The Applicant should consult the Jefferson County Fire Marshal for
further information. Approval of the hydrant placement by the Fire Marshal shall be
submitted prior to final binding site plan approval.
26. In compliance with RCW 84.56.345, all current-year property taxes and any outstanding or
delinquent property taxes, including compensating tax from an open space program if
applicable, must be paid in full prior to the County Treasurer signing the mylar and
associated paper copies of the binding site plan.
27. Prior to final binding site plan approval, the Applicant shall coordinate the installation of
underground utility lines (including water, sewer, electricity, and telecommunications) to
serve all lots. All recorded easements shall be accurately depicted on the final binding site
plan and shall reference the corresponding Auditor’s File Numbers (AFNs) on the face of the
binding site plan.
28. An updated binding site plan certificate or supplement, current within 30 days, shall be
submitted with the final blueline.
29. The final binding site plan shall be signed by all persons with legal ownership interest in the
subject property. All required signatures and professional seals on the mylar shall be in black
ink.
30. Lot closure information shall be submitted alongside the final blueline and the updated plat
certificate.
31. All graphical elements on the final binding site plan shall conform to recording standards for
legibility.
32. In accordance with Chapter 18.35.390 JCC (Final Long Plat), the final mylar shall be prepared
in compliance with the standards set forth in JCC 18.35.300 and 18.35.370.
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33. The applicant shall submit a reproducible 11” x 17” copy of the proposed final binding site
plan to the Department of Community Development. The binding site plan shall include all
elements required under JCC 18.35.300 and the certifications and other requirements outlined
in JCC 18.35.370 and 18.35.380.
34. The final binding site plan submittal must demonstrate compliance with all conditions of
approval, including any requirements in the Hearing Examiner Decision.
35. The following language shall be clearly shown on the face of the final binding site plan, under
the heading “DEVELOPMENT NOTES:”
• The access and utility corridor parcel (APN 001334041) is zoned Rural Residential 1
Unit/10 Acres (RR 1:10) and is restricted to use for access or utility purposes only. No
other development is permitted unless an amendment to the Binding Site Plan is
completed and approved.
• Activities identified in Jefferson County Code Table 18.22.330(1) are classified as high-
impact due to their potential adverse effects on groundwater and are strictly prohibited
within this binding site plan.
• Development on each individual lot is dependent on compliance with applicable
development standards, review and approval criteria, as summarized in Section H of the
Findings of Fact in the Hearing Examiner’s Decision Approving the Preliminary Binding
Site Plan Approval. Applications for development or building permits will be reviewed at
the time of submittal for consistency with current federal, state, and county codes and
ordinances. Review may include additional review under the State Environmental Policy
Act (SEPA).
• Any new use proposed for Parcel 1005 must submit a traffic analysis to the
Department of Public Works and the Washington State Department of Transportation
as a part of the application.
• No use approved for Parcel 1005 may involve a development that could employ or
accommodate more than 100 persons per acre.
• Any new use which involves release of airborne substances, such as steam, dust, and
smoke which interferes with aircraft operations is prohibited.
• Any new use that attracts concentrations of birds, waterfowl, or wildlife (including but not
limited to, mixed solid waste landfill disposal facilities, waste transfer facilities, feeding
stations, and the growth of certain vegetation) is prohibited.
• Any new use that is determined to pose a hazard to the safe operation of the airport is
prohibited.
• Land uses and development must comply with the standards established in the Federal
Aviation Regulations (FAR), Part 77 (Objects Affecting Navigable Airspace). Where
county regulations conflict with FAR, Part 77, the more restrictive shall apply.
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• Any use or activity that emits electrical currents must be installed in a manner that does
not interfere with communication systems or navigational equipment.
• All exterior lighting shall be energy-efficient and designed to minimize light pollution.
Fixtures must be shielded or recessed to ensure that direct glare and reflections are
contained within the boundaries of the parent lot. New development that produces glare or
lighting that interferes with aircraft navigation, including landing and take-off, is
prohibited.
• Development is subject to the applicable standards set forth in Jefferson County Code
Chapter 18.15.453 (Airport Overlay III) and must incorporate low impact development
practices to the maximum extent feasible.
• Any new use is restricted to a building structure of a maximum of 10,000 square feet.
Total impervious surface coverage shall not exceed 25% on each new lot. No structure
may exceed 35 feet in height.
• Any new use in the development seeking water shall submit a request for water
availability to JPUD.
36. Type III Hearing Examiner decisions shall become final subject to the following: pursuant to
RCW Chapter 36.70C, the applicant or any aggrieved party may appeal the final decision to
the Jefferson County Superior Court within twenty-one (21) calendar days of the date of
issuance of the final land use decision. For more information related to judicial appeals, see
JCC 18.40.340.
37. A final binding site plan which meets all of the requirements of Title 18 JCC and this decision
shall be submitted to DCD for processing and approval within five (5) years of the date of this
preliminary binding site plan approval. The final binding site plan may be presented to the
County at any time during the period of preliminary approval. The preliminary approval shall
be null and void unless a final binding site plan is approved and recorded within the original
five-year approval period.