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HomeMy WebLinkAbout042312_ca01 Consent Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS REGULAR AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Stacie Hoskins, Interim DCD Director ;;<-k DATE: April 23, 2012 SUBJECT: Port Townsend Bay Mooring Buoy Moratorium Notice of Public Hearing STATEMENT OF ISSUE: We now seek a six-month extension of the moratorium established under Ordinance No. 04-1107-11, as allowed per RCW 90.58.590. An extension was anticipated at time of original adoption and identified in the work plan. BACKGROUND/ANALYSIS/STRATEGIC GOALS: On Novembe~ 7, 2011, the Board passed Ordinance No. 04-1107-11 (attached), enacting a six month moratorium placed on submittals of shoreline permit applications to the Jefferson County Department of Community Developme)1t for placement of mooring buoys in the southern portion of Port Townsend Bay (as defined in the attached management plan area map), except when: I) the state Department of Health notifies the Jefferson County Shoreline Administrator that movement or placement of a mooring buoy would contribute to preventing or lifting a shellfish harvesting closure; or 2) the Jefferson County Shoreline Administrator determines that an application for the movement or placement of a mooring buoy must be accepted and reviewed by Jefferson County in furtherance of the planning being conducted during the development of the Port TownSend Bay Management Plan. This momtorium on new mooring buoys was the starting point for interested parties, local tribes, state agencies and Jefferson County to prepare a management plan for this area. The Lower Hadlock area is subject to competing interests of the boating public as well as upland land uses. These water and land uses have the potential to adversely affect commercial shellfish harvesting within the southern portion of Port Townsend Bay. A mooring buoy momtoriuin provides a period of time where existing buoys whether authorized or unauthorized can be inventoried and evaluated for compliance with applicable county and state legal requirements. Tmnsient boat locations can be monitored to verifY if boaters are adversely impacting the commercial shellfish beds. Finally, various land uses will be examined to promote a coordinated effort for protection, use, development and restomtion opportunities through a management plan process. The management plan process includes a public outreach progmm facilitated by the state Office of Regulatory Assistance. Up to two six-month extensions of the momtorium are allowed per RCW 90.58.590, which states in part, "A moratorium or control may be renewed for two six-month periods if the local government complies with subsection (2Xa) of this section before each renewal." Jefferson County has complied with subsection (2Xa) as follows: . The Board conducted a public hearing on January 7, 2012 within sixty days of the adoption ofa moratorium consistent with RCW 90.58.590. . Ordinance No. 04-1107-11 adopted detailed findings of fact that include, but are not limited to justifications for the proposed or adopted actions and explanations of the desired and likely outcomes; . The Department of Commerce was notified of the momtorium immediately after its adoption and included the time, place and date of the public hearing. . The momtorium provided that the moratorium does not affect any 1awfu1 mooring buoys in place in the southern area of Port Townsend Bay as defined therein on or before the date of the ordinance. Consent Agenda Consistent with the work plan, a stakeholder group was established and met February 23, March 8, March 22 and April 11,2012 for the task of creating a draft management plan for South Port Townsend Bay. Another meeting is scheduled for May 2, 2012. A draft plan has been created and continues to be refined. An inventory of the mooring buoys and anchored boats has been conducted and updated several times. Progress on the work plan is running two to four weeks later than identified in the calendar of events. FISCAL IMPACT: The Jefferson county costs associated with developing the moratcrium, participation in the formation of the management plan and the ongoing monitoring of the activities within Port Townsend Bay are included in the 2012 annual budget approved for DCD. RECOMMENDATIONS: Staff recommends the Board approve the attached South Port Townsend Bay Mooring Buoy notice of public hearing to be held on May, 7, 2012 at 10:30 a.m. for publication in the newspaper of record on April 25, 2012. f./;;15 /0-__ Date To: Port Townsend & Jefferson County Leader LEGAL NOTICE Publish one (I) time: Wednesday, April 25, 2012 Please use 7-ooint font. Staff Contact: Jefferson County Department of Community Development 621 Sheridan St., Port Townsend, W A 98368 Customer #: 17385 Stacie Hoskins, Planning Manager, (360) 379-4450 April 23, 2012 Bill: Date: NOTICEOFPUBUCHEAmNG JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS NOTICE IS HEREBY GIVEN that the Jefferson County Board of County Commissioners will hold a public hearing on Monday, May 7, 2012 at 10:30 AM in the Board Chambers at the Jefferson County Courthouse, 1820 Jefferson Street, Port Townsend, WA 98368. The purpose of the public hearing is to hear testimony regarding a six-month extension of Ordinance No. 04-1107- 11, enacting a moratorium placed on submittals of shoreline permit applications to the Jefferson County Department of Community Development for placement of mooring buoys in the southem portion of Port Townsend Bay (as defined in the attached management plan area map), except when: 1) the state Department of Health notifies the Jefferson County Shoreline AdmInistrator that movement or placement of a mooring buoy would contribute to preventing or lifting a shellfish harvesting closure; or 2) the Jefferson County Shoreline Administrator determines that an application for the movement or placement of a mooring buoy must be accepted and reviewed by Jefferson County in furtherance of the planning being conducted during the development of the Port Townsend Bay Management Plan. For further information, please contact Long-Range Planning, Dept of Community Development, 621 Sheridan Street, Port Townsend, WA 98368, (360) 379-4465. Date: 412312012 John Austin, Chair 1 cc;;;~~ 1>C"P \\ .f\\ ~ STATE OF WASHINGTON County of Jefferson In the matter of a } Moratorium on new Mooring } Buoy's In the southern portion of } Port Townsend Bay } Ordlnance# 04-1107-11 The Jefferson County Board of County Commissioners enters the following findings of fact: 1. Jefferson County has committed to planning under the provisions of the Growth Management Act. codIfied as RCW 36.70A. 2. Jefferson County Implements the Growth ManagementAtft. through a comprehensive plan adopted In 1998 and updated In 2004. 3. The Comprehensive Plan of Jefferson County provides goals and polices on page 8-36 of the Comprehensive Plan to Implement the provisIons of the Shoreline Management Atft. found at RCW 90.58. 4. The Shorenne Management Atft. development regulations are Implemented in Jefferson County through the Jefferson County Code (JCC) In section 18.25. 5. Mooring Buoys are regulated by provisions of Jefferson County Code found at JCC18.25.380. 8. The Shorefine Management Atft. found at RCW 90.58.590 grants counties moratoria authority as an Important aspect of complying with environmental stewardship and protection requirements when Implementing that legislation. 7. This state law provides that local governments may adopt moratoria provided that aU lawfully existing uses, structures and other development shall continue to be deemed lawful. 9. A moratorium may be'effwtive for up to six months if a detaBed work plan is prepared for remedying the issues and circumstances necessitating the moratorium. and may be renewed for two six month periods. WHEREAS, Port Townsend Bay Is near the entrance to AdmlraJty Inlet being part of the Strait of Juan de Fuca. all being marine waters of the State of Washington; WHEREAS, this southem portion of Port Townsend Bay Includes areas locally known as the Chlmacum Creek Beach Park, Lower Hadlock, Skunk Island, and the Old Alcohol Plant; . --4 WHEREAS, these areas are In proximity to the JrondalelPort Hadlock Urban Growth Area; WHEREAS, until a sewer system Is Installed and available to serve the Urban Growth Area, trensitlonal zoning Is In place, which allows ruraJ commercial and rural residential uses to take place; WHEREAS, under the existing ShoreRne Master Program the area has a mIxture of shoreUne envlronmental designations includIng conservancy, urban, and suburban; WHEREAS, these shoreline areas Include feeder bluffs and drifts cells such as the Hadlock Bluffs that created depositional beaches and accretionary beaches such as the Hadlock Lagoon and Chlmacum Creak Beach; WHEREAS, this marine water body lncIudes eal grass beds which accommodate sand lance and surf smelt, provide overwintering habitat for waterfowl and are hosting coho salmon, cutthroat trout, and the endangered species of steelhead trout and summer chum salmon; WHEREAS, this southem area of Port Townsend Bay has a wooden boat school, one commercial shellfish bed, a mix of resIdential development with docks, bulkheads and mooring buoys, a public boat launch, a marina and has active use by the boating pOORc; WHEREAS, there are competlng Interests In this southem portion of Port Townsend Bay between boaters, near shore residential uses, commercial uses and shellfish harvesting both recreatlonally and commercially: WHEREAS, Washington State Department of Health issued a news release on June 1, 20111ndlcatlng that the southern portion of Port Townsend Bay was threatened with closure this year; WHEREAS, the Washington State Department of Health (DOH) OffIce of Shellfish and Water Protection Issued theIr annual growing area review report stating that Port Townsend Bay meets water quality standards but Is threatened with a downgrade in classification due to the amount of boating activlty and potential pollution associated with transient boat anchoring; . WHEREAS, an Increase In the number of boats within the southern and westerly portions of Port Townsend Bay, and particularly the area near Lower Hadlock may adversely Impact commercial and recreational shellfish harvesting operations; ., WHEREAS, a commerclaJ shellfish closure has adverse economic Impacts on local business; WHEREAS, the Jefferson County Public Health Department wIIT be monitoring water quality In Port Townsend Bay through the Northeast Jefferson County Clean Water Project beginning In 2012; WHEREAS, Jefferson County Is near final adoption of their Shoreline Master Program through the State Department of Ecology Including provisions for permitting and placement of mooring buoys; WHEREAS, the new shoreline master program has provisions that are consistent with the standards outlined In the National Shellfish Sanltatlon Program (NSSP); WHEREAS, Jefferson County Is In a partnership with state agencies and local tribes seeking to create a management plan for the aforementioned portions of Port Townsend Bay In order to prevent any adverse Impacts to commerclaJ shellfish harvesting and/or downgrading of the area by DOH; WHEREAS, a bay management plan is one element of the work plan for the stakeholders group; WHEREAS, a bay management plan would examine the competing interests for using the southem and westem portions of Port Townsend Bay and would Include evaluation of mooring buoy placements; WHEREAS, permitting additional mooring buoys in the southem and western portions of Port Townsend Bay may exacerbate problems associated with over use of the bay and lead to potentlaJ shellfish closures; WHEREAS, It Is In the public Interest to protect commercial shellfish harvesting In Port Townsend Bay; Now, THEREFORE, BE" ORDAINED by the Board of County Commissioners . ~ECTlON 2. Pursuant to the provisions of Ch. 90.58 RCW, the ShoreDne Management ADt, this moratorium does not affect any lawful mooring buoys in place In the southem area of Port Townsend Bay (as defined above) on or before the date this Ordinance becomes effective. SECTION 3. Severabnily. If any provision of this ordinance or Its appncatlon to any person or circumstance Is held InvaDd, the remainder of the ordinance, or the appncatlon of the provision to other persons or circumstances Is not affected. SECTION 4. The work plan and management plan area map are hereby Incorporated by reference, see Attachments A and B. SECTION 5. Effective date. This ordinance shall take affect immediately after passage and shall remain effective for six months or until repealed by the BOCC. APPROVED AND ADOPTED this ~day Of~ 2011 JEFFERSON COUNlY BOARD OF COU COMMISSIONERS ~~~ ~~ Clerk of the Beard I 'Oe.pu;k1 Ph , ffPROVED A TO FORM: !J~ . David Alvarez, Deputx Prosecuting Attorney , Port Townsend Bay Work Plan Issue: The Issue ls the threat of closure of shellfish harvesting In the southern portion of Port Townsend Bay due to the presence of too many vessels anchored or moored near commercial shellllsh beds. Issue also Involves concerns over presence of derelict vessels and the use ofvessels by people IMng aboard. Solution: COnslderfng all uses. develop a plan or strategy to manage vessels In a manner that wlJJ avoid future closures of commarclal shellflsh harvesting In the southern portlon of Port Townsend Bay. StldtlldYl TItrough faclRtatlon by the Governor's Offfce of Regulatory A5slstanc:e, undertake a collaborative process with stakeholders,llllYemment agencies, tribal llllYemments and Interest groups (see list belowl; engage the public throughout the decision-making process; and prepare a plan for Port Hadlock In partnership with stakeholders that achieves the following: a. Reduces the number and proximity of vessels In relationship to the commercial shellfish beds through enforcement action to avoid shellfish harvest closures by Department of Health. This may Involve removIng mooring buoys and vessels not properly permitted or authorized. b. establishes a voluntary "No Anchor Zone" In the southern portion of Port Townsend Bay, similar to that In place In Mystery Bay, to direct transient boaters away from commercial shellfish beds In order to prevent emergency closures due to number of transient moorages. Co Identifies a mooring area In a portlon of the southern portlon of Port Townsend Bay In the area appropriate to authorize mooring buoys for use by recreational and/or commercial vessels d. ldentllles an appropriate area In the southern portion of Port Townsend Bay for transient mool'lllle and navigation. e. establishes a COmmunity MonltorJng/Educatlon effort - establish monitoring and reporting process to maintain levels of use conslstant with shellfish harvest regulations. f. COnsider other factors and otrdtegles necessary to address the Issue and achieve the desired solutlon. Stakeholder Usti The following list Identifies potential stakeholder, government agencies, tribal governments and Interest groups, to invite to the collaborative process, other stakeholders may also be Included as necessary: . GovemmentAgendes o Jefferson COunty o Washington Department of Health o Washington Department of Natural Resources o Washington Department of Fish and WIldlife o Jefferson COunty Marine Resources COmmittee o United States Army COrp of Engineers o United States Navy o Port of Port Townsend . Tribes o Jamestown S'kallam o Port Gamble S'Kallam Tribe o Lower E1wha K1allam Tribe o Suquamlslh Tribe . Interest Groups o Port Hadlock Yacht Club o Port Hadlock Marina o Northwest School of Wooden BoatbuDdlng o Broder's Clam Farm o Northwest Indlan Flsherles COmmission o Point No PoInt Treaty COuncil o Megan McCrary o Pacific COast Shellfish Growers AssocIation o Frlends' of Chlmacum Creek o North Olympic Salmon COalition o Residential owners o Other Geograpble extent: The area of particular concern for commercial sheUfIsh closure Is llmlted to the tidelands located west of Skunk Island and south of the Port of Port Townsend boat launch and dock. However, because the strategy conslders vessel uses In the general Port Hadlock vIcInity, the geographic extent proposed for the management area Includes other areas In view of boatlng actMtles and land uses that may effect the management plan ISee Appendix B- map of management area). Calendar of ll\IllntSl November 1, 2011 Nov/Oec- 2011 AprD 2012 May 2012 May 2012 June 2012 June 2012 July 2012 August 2012 August 2012 Septamber2012 Septamber2012 September 2012 Moratorium on mooring buoys placed by BOee Agencies begin enforcement efforts by talllllng and/or notifying unauthorized _Is Agencies conduct Inventory and gather Information from the field on vessel use Office of Regulatory AssIstance establishes the Stakeholder group 1" Stakeholdus group meeting: review Issue, solution and begin process 2'" Stakeholder group meeting: discuss detaIls of strategy; form subcommittee to draft plan 1" SUb-commlttee meeting to develop draft management plan ani Stakeholder meatlng: Stakeholder's group meatlng to review draft management plan finalize and release draft plan for public revIew (two weeks before pubDc meeting) FInal draft management plan prepared Extend Moratorium for slx adcIJtJonaJ month with updated Work Plan Hold PubUc MeetJngto sol!l:lt comments on the draft management plan 4th Stakeholder's group meeting: discuss pubUc comments identify changes 2nd Subcommittee meetJngto IlltOrporate changes to management plan FInal draft of the management plan Is released for publiC comment period. Adopt Management Plan End Moratorium Agency action begins to Implement plan and achieve solution FInal Stakeholder's group meeting: review and Identify needs for follow up If any. DOH public notice on the Port Townsend Bay growing area c1asslflcat1on Nov/Dec- 2011 Nov/Dec2011 January 2011 February 2012 March 2012 AprU 2012 The remedy of the Issues and cmu...stalll;JlSl The moratorlum{s) on mooring buoys would aUow adequate time for Interested parties and the general public to be engaged In the development and final adoption of a menagement plan. The moratorium period will allow for field identification of existing actMtles and uses, aHow a time period for voluntary compDance and enforcement as needed In parallel with a program to gain pubDc participation and Involvement In soMng management Issues ldantIfled in the management plan process. . - -------------- ---.....~. 'i , i~ ~--~ ~ " I I i -t , ."f , L .___ ! !... - " ., ! : .' " ." , :1 , \ ! " \ , ...! r[ . ., ... 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