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Regular Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO:
Board of County Commissioners
Philip Morley, County Administrator
FROM:
Stacie Hoskins, Planning Manager/Sh~~dmlnistrato~
Michelle McConnell, Associate Planne~
March 21, 2011
DATE:
SUBJECT:
Continued Discussion - Draft Jefferson County Response to Ecology on Changes to the
Locolly Approved Shoreline Moster Program and Additional Public Input (MLA08-475)
ATTACHED:
Draft legal notice for 4/4/11 public hearing
STATEMENT OF ISSUE: Last week, the Board of County Commissioners reviewed the DRAFT Jefferson
County Response to Ecology on Changes to the Locally Approved SMP ('Draft County Response'). While
the Board has provided direction on most of the 61 possible changes to the Locally Approved SMP,
additional discussion is needed on provisions for finfish/net pen aquaculture.
Further, to continue the tradition of citizen Involvement, staff recommends the Board accept additional
public Input on the Draft County Response and has prepared a draft legal notice to hold a public hearing
on the Draft County Response on Monday, April 4, 2011.
ANALYSIS/STRATEGIC GOALS/PROS and CONS:
Ecology's approval is regarding the December 7, 2009 Locally Approved SMP, submitted to Ecology on
March 1, 2010 as Exhibit A of Jefferson County Resolution 77-09 (erroneously referenced in Ecology
documents as 'Ordinance Number 77-09') as the proposed amendments to the Jefferson County
Comprehensive Plan and Jefferson County Code. This SMP Comprehensive Update (MLA08-475) is
required by law and must be completed by December 2011.
In March 2010, the County submitted a Locally Approved Shoreline Master Program (SMP) to the
Washington Department of Ecology (Ecology) for final review and approval, per RCW 90.58 and WAC
173-26. After a public review process, Ecology reviewed the County's proposed SMP update for
consistency with state statutory and ruie requirements.
On January 26, 2011 Ecology determined that the County has met the procedural and policy
requirements of the Shoreline Management Act and the SMP Guidelines, pending some required
changes. A letter from Ecology's director with three attachments outlines their conditioned approval,
findings and conclusions, required and recommended changes. The County needs to consider the
required changes and respond as to whether to accept or propose alternatives to those changes as part
of the process for final adoption by the state and by local ordinance.
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Regular Agenda
Staff reviewed the required and recommended changes and provided guidance to the Board on whether
to agree, further study, decline or propose alternative changes, including numerous revisions proposed
for clarification to correct various errors In the document prior to final adoption. The Board discussed
the DCD Recommendation on February 22, February 28 and March 7, 2011 providing feedback to staff
on each item for the County's response to Ecology. The Board reviewed and discussed the Draft County
Response on March 14, but additional discussion Is needed on the topic of finfish aquaculture.
Today, staff seeks final Board review of and feedback on the Draft County Response prior to releasing
the document for public review and comment. After considering the additional public Input, the County
will finalize Its position on the changes, adopt the new SMP by local ordinance, and submit a response to
Ecology. The new SMP will become effective upon Ecology's final approval.
FISCAL IMPACT/COST-BENEFIT ANALYSIS:
Grant funding for the SMP Update ended in June 2009. Department of Community Development staff
work is covered by the department's annual budget.
RECOMMENDATION:
Staff recommends the Board:
1. Review the DRAFT Jefferson County Response to Ecology on Chonges to the Locally Approved
SMP, including provisions for finfish aquaculture provided under separate cover;
2. Affirm staff has been provided any final feedback on the Draft County Response;
3. Direct staff to make final revisions as discussed and release the Draft County Response for public
review and comment; and
4. Approve publication of the legal notice for an April 4, 2011 public hearing on the Draft County
Response to start at 6:00' pm in the Jefferson County Superior Court room.
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Date
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TO: Port Townsend & Jefferson County Leader
LEGAL NOTICE
Please publish one (1) time: Wednesday, March 23, 2011 in 7-polntfont
BILL:
Jefferson County Department of Community Development
621 Sheridan Street
Port Townsend WA 98368
Attn: Michelle McConnell
Tel: 360-379-4450 Account# 17385
DATE:
Monday, March 21,2011
NOTICE OF PUBLIC HEARING
ON PROPOSED AMENDMENTS TO COMPREHENSIVE
PLAN AND UNIFIED DEVELOPMENT CODE -
SHORELINE MASTER PROGRAM UPDATE (MLA08-475)
NOTICE IS HEREBY GIVEN that the Jefferson County Board of County Commissioners
will hold a public hearing on Monday, April 4, 2011 at 6:00 p.m. at the County
Courthouse Superior Court Room, 1820 Jefferson St., Port Townsend, Washington, on
the proposed amendments to the Comprehensive Plan and the Unified Development
Code, Title 18 of the Jefferson County Code (JCC), to update the Shoreline Master
Program per state requirements.
Written comments will be accepted by the Board of County Commissioners (BoCC)
from March 23, 2011 until the close of the public hearing on April 4, 2011. Written
comments should be sent to: BoCC. SMP Comments, PO Box 1220, Port
Townsend, WA 98368 or to jeffbocc~co.iefferson.wa.us.
The BoCC is considering changes to the Locally Approved Shoreline Master Program
(LA-SMP) prior to final adoption by the state and the County. The specific changes
under consideration are proposed as the DRAFT Jefferson County Response to
Ecology on Changes to the Locally Approved Shoreline Master Program (SMP). Public
input is sought on the 61 possible changes listed therein including, but not limited to,
topics such as common line buffer, tribal issues, residential dock length, in-water and
upland finfish aquaculture, non-water oriented shoreline use/development, forest
practices, boathouses, and vegetation trimming.
Below is a summary of the proposed Comprehensive Plan and Development Code
amendments for a Shoreline Master Program Comprehensive Update (MLA08-475):
Comcrehensive Plan - The amendment is proposed as an appendix of updated goals
and policies that will supplement the following sections:
Element 3. Land Use & Rural;
Element 4. Natural Resource Conservation;
Element 6. Open Space. Parks and Recreation. and Historic Preservation; and
Element 8. Environment.
JCC Chacter 18.25 Shoreline Master Proaram - The amendment is proposed as a
stand-alone document that will replace this chapter in its entirety including:
Article I. Recitals;
Article II. Definitions;
Article III. Scope;
Article IV. Shoreline Designations and Project Classifications;
Article V. Policies and Performance Standards;
Article VI. Administration;
Article VII. Variances;
Article VIII. Program Revisions; and
Article IX. Legal Provisions
This proposal will supplement existing goals and policies in the Comprehensive Plan
and replace the existing Shoreline Master Program (JCC 18.25) in entirety.
Availability of Documents: The full text of the DRAFT Jefferson County Response to
Ecology on Changes to the Locally Approved 8MP and the Locally Approved 8MP
proposed amendment can be found at the DCD Front Desk in Port Townsend or online
at httD:/Iwww.co.iefferson.wa.us/commdevelocmentlShorelineStateAccroval.htm. For
further information, please contact Department of Community Development (DC D), 621
Sheridan Street, Port Townsend. WA 98368, (360) 379-4450 or
mmcconnell@co.iefferson.wa.us.
Date: March 21. 2011
John Austin, Chair
Jefferson County Board of Courity Commissioners