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CG ��C D o t7 • i � I �"'
JEFFERSON COUNTY
STATE OF WASHINGTON
In the matter of amending the Unified Development }
Code, JCC 18.20.260 & 18.30.050 to Exclude Public }
Purpose Facilities from Maximum Building Caps } Ordinance No. 10-1001-12
Applicable to Expansions of Legal, Non -conforming }
Uses & the Maximum Impervious Surface Coverage }
Rule Applicable in Rural Residential Zones }
WHEREAS, RCW Chapter 36.70A, et seq., also known as the Growth Management Act
("GMA"), requires that counties planning under the GMA adopt development regulations
that are consistent with and implement their comprehensive plans; and
WHEREAS, the Board of County Commissioners for Jefferson County, a municipal
corporation of the State of Washington, (hereinafter "the Board") constitutes the
legislative body for Jefferson County; and
WHEREAS, Jefferson County adopted a GMA-derived Comprehensive Plan (CP) on
August 28, 1998 via Resolution No. 72-98 and completed its required seven-year update
of said Comprehensive Plan via Ordinance No. 17-1213-04 on December 13, 2004; and
WHEREAS, the Unified Development Code (UDC) was originally adopted on
December 18, 2000 as a development regulation required by the Growth Management
Act (GMA), to be effective January 16, 2001; and
WHEREAS, for proper citation in courts of law the UDC has been codified within the
Jefferson County Code (JCC) at Title 18; and
WHEREAS, as early as 1967 Jefferson County residents have requested through the
Board of County Commissioners, signed petitions, and election ballets that a rural library
district be established for Jefferson County; and
WHEREAS, Jefferson County, a Municipal Corporation, deeded through a Statutory
Warranty Deed 1.94 -acres to Jefferson County Library District on April 5, 1984 under
Auditor's File Number 288789; and
WHEREAS, A Boundary Line Adjustment between Chimacum School District and
Jefferson County Library was recorded on May 11, 1995 of which the School District
granted approximately one acre of land to the Library to accommodate future expansions
of the building, system components and parking areas; and
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WHEREAS, the County adopted urban designations and standards for the Irondale and
Hadlock Urban Growth Area (UGA) through Ordinance 03-0323-09 on March 23, 2009,
codifying urban standards in Title 18 of the Jefferson County Code (JCC) as Chapter
18.18 JCC; and
WHEREAS, the Board now completes this process by the adoption of this ordinance and
makes the following findings of fact:
1. The State of Washington adopted the Growth Management Act (or "GMA") in
1990.
2. Jefferson County began planning under the GMA in the early 1990s.
3. The County adopted a Comprehensive Plan under GMA on August 28, 1998. The
County completed its statutorily required seven-year update of its Comprehensive
Plan on December 13, 2004.
4. The Jefferson County -Wide Planning Policy Policies 1 - 4 and Comprehensive
Plan goals and policies LNG 9.0, 9. 1, and LNP 9.5 call for an Urban Growth Area
(UGA) for the Tri -Area.
5. The Tri-Area/Glen Cove Special Study conducted on behalf of the Board in 1999
determined that it would be appropriate to designate a UGA for Irondale/Port
Hadlock.
6. The Irondale/Port Hadlock UGA meets the following requirements specified in
RCW 36.70A.110 for a non -municipal UGA:
• Characterized by urban growth
• Adequate developable land has been designated for residential, commercial
and industrial uses to accommodate the project growth for the 20 -year
planning period
• Sufficient area for the designation of open space and greenbelts
• Urban services such as road, water, and storm drainage are provided or are
planned for.
7. The Jefferson County Library is located within the Irondale/Port Hadlock UGA.
8. The Jefferson County Library is considered a legal non -conforming use located on
almost three (3) acres of land designated as Transitional Rural Residential one unit
per five acres (RR 1:5) and zoned as Urban Growth Area — Public.
9. The Jefferson County Library wishes to expand the size of its facility including an
increase in the amount of impervious surface.
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10. When sewer service is available within the Irondale/Port Hadlock UGA, then
public purpose facilities such as the Jefferson County Library will be conforming
uses which become effective.
11. Unless or until sewers are available, the expansion of the Jefferson County Library
would be subject to the JCC provisions applicable to expansions of legal non-
conforming uses.
12. JCC 18.20.260(3)(c), entitled "Nonconforming uses and structures," limits
expansions of such uses to not more than 3,999 square feet.
13. JCC 18.30.050, Table 6-1, entitled "Density, Dimension and Open Space
Standards," allows a maximum impervious surface coverage of 25% (for parcels
exceeding one -acre in size) for projects located within the RR 1:5 zoning
designations.
14. These aforementioned restraints limit the scope of expansion the Jefferson County
Library can undertake at its property.
15. On September 20, 2010, Department of Community Development (DCD) received
a UDC text amendment application submitted by the Jefferson County Library.
DCD found the application to be complete and initial fees paid, and determined it
would be considered a countywide amendment rather than a site specific
amendment.
16. On October 4, 2010 the Board of County Commissioners approved Jefferson
County Library's request to place the proposed text amendment on the Planning
Commission's 2010 work plan as provided for under JCC 18.44.090(a)
"Amendments to GMA implementing regulations."
17. Department of Community Development prepared a staff report and
recommendations for MLA10-00359 that analyzed the proposed UDC text
amendment. The staff report was forwarded to the Planning Commission on
November 17, 2010 for review and discussion at a public meeting.
18. Staff presented the staff report to the Planning Commission at their regularly
scheduled and duly noticed public meeting on November 17, 2010.
19. The text of the proposed amendments to the development regulations was made
available to the public no later than the publication date of the applicable staff
report which was November 19, 2010, allowing approximately one month for
public comment.
20. The Planning Commission held a duly noticed open public hearing on December 1,
2010 to receive public testimony. Only one oral public comment was received
from Ray Serebrin who represented the county library.
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21. Written public comments were accepted through the close of business on
December 14, 2010 although none were received.
22. The Planning Commission held deliberations on December 15, 2010 however, no
action was taken as a quorum was not achieved at this meeting.
23. The Planning Commission at its January 5, 2011 regular meeting recommended
approval of the proposed text amendments with a vote of six in favor and one
opposed and to include a review of the portions of the Comprehensive Plan that
deal with non -conforming public purpose facilities in the next Comprehensive Plan
update.
24. The Planning Commission deliberated on the proposed amendments and reviewed
the growth management indicators found at JCC 18.45.080 and JCC 18.45.050 and
reviewed the "Takings Checklist" of which they found no taking issues at their
regularly scheduled meeting of January 5, 2011.
25. The Planning Commission submitted a written memorandum to the Board dated
January 5, 2011 with their recommendation and findings on the proposed library
UDC text amendments.
26. The Planning Commission found that MLA10-00349 proposal is consistent with
the Growth Management Act, the County -wide Planning Policies, the County's
Comprehensive Plan and other inter jurisdictional policies or agreements and any
other local, state or federal laws.
27. The SEPA Responsible Official for Jefferson County determined that existing
environmental documents provide adequate environmental review to satisfy the
requirements of WAC 197-11-600. This conclusion was memorialized via issuance
of a Determination of Non -Significance on December 15, 2010.
28. The following environmental documents have been adopted pursuant to SEPA
administrative rules and are relevant to MLA 10-00349:
• Draft and Final Environmental Impact Statements (DEIS/FEIS) and addenda
prepared in anticipation of adoption of the Comprehensive Plan in 1998. The
DEIS and FEIS are dated February 24, 1997 and May 27, 1998, respectively,
and examined the potential cumulative environmental impacts of adopting
alternative versions of the Comprehensive Plan.
• Draft and Final Supplemental EIS (DSEIS/FSEIS) and addenda for the
Comprehensive Plan 1999 Amendments, also known as Tasks III and IV of the
Tri -Area / Glen Cove Special Study. The DSEIS and FSEIS are dated June 30,
1999 and August 18, 1999, respectively, and examined the potential
environmental impacts of adopting one of the identified planning alternatives for
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the Tri -Area of Chimacum-Port Hadlock-Irondale and the Glen Cove mixed use
area.
• DCD Integrated Staff Report and DSEIS/FSEIS for the 2002, 2003, 2004, 2005
and 2006 Comprehensive Plan Amendment Dockets. Amidst other information,
the adopted documents provide background and analysis on the designation of a
UGA in the Irondale & Port Hadlock area.
• DCD Integrated GMA/SEPA Staff Report dated February 21, 2007.
• DCD Integrated GMA/SEPA Staff Report dated February 4, 2009.
29. The Planning Commission recommended approval of MLA10-00349 to amend the
building cap limitations for expansions of legal, non -conforming uses defined in
JCC 18.20.260(3)(c) so that public purpose facilities are excluded and to amend
JCC 18.30.050, Table 6-1 in the Rural Residential designations of RR 1:5, RR
1:10, and RR 1:20 by the addition of a footnote with the following text:
"Impervious surface requirements do not apply to public purpose facilities." These
amendments are intended to provide public purpose facilities with additional
flexibility in meeting community needs if those facilities cannot meet current
development regulations.
30. The Planning Commission recommendations were transmitted to the Board
through formal memoranda dated January 5, 2011 and are part of the record for the
legislative decision.
31. The Board concurs with the Planning Commission recommendation and states that
MLA10-00349, as proposed, 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 and directed staff to prepare
an ordinance reflecting the Code changes as stated in the minutes of their meeting
on February 7, 2011.
32. Pursuant to JCC Section 18.45.080(2)(c), for all adopted amendments the Board
shall 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).
33. With respect to JCC Section 18.45.050(4)(b)(i), which asks whether assumptions
regarding growth and development have changed since the initial CP adoption, the
Board concludes that census data indicates that the population growth rate in this
county has slowed but may increase again during the 20 -year planning horizon
(until 2024) that is covered by this CP and that the Irondale/Port Hadlock UGA is
properly sized for the population that is estimated to be there by 2024.
34. With respect to JCC Section 18.45.050(4)(b)(ii), which asks whether the capacity
of the County to provide adequate services has diminished or increased, the Board
concludes that these CP amendments will positively impact the ability of the
County to provide services at urban levels of service.
Page 5
35. With respect to JCC Section 18.45.050(4)(b)(iii), which asks if sufficient urban
land is or has been designated within the County, the Board concludes that the
Dwelling Unit and Population Holding Capacity Analysis, "Appendix U of the
Comprehensive Plan, concludes that sufficient urban land has been designated in
the County to hold the expected population.
36. With respect to JCC Section 18.45.050(4)(b)(iv), which asks if any of the
assumptions on which the initial CP was based have become invalid, the Board
concludes that the assumptions upon which the CP is based have generally not
changed.
37. With respect to JCC Section 18.45.050(4)(b)(v), which asks if any of the
countywide attitudes upon which the CP was based have changed, the Board
concludes that the countywide attitudes have not generally changed in regard to
implementing this non -municipal UGA.
38. With respect to JCC Section 18.45.050(4)(b)(vi), which asks if there has been a
change in circumstance that may dictate the need for an amendment, the Board
concludes that these enactments are part of the process of achieving a GMA-
compliant urban growth area at Irondale/Port Hadlock and have been mandated by
earlier decisions of the Western Washington Growth Management Hearings Board
as laid out above.
39. With respect to JCC Section 18.45.050(4)(b)(vii), which asks if inconsistencies
have arisen between the CP, the GMA and the Countywide Planning Policies, the
Board concludes that these amendments do not reflect any such inconsistency,
since the County Wide Planning Policies support and have always supported the
creation of an urban growth area at Irondale-Port Hadlock.
40. With respect to the growth management indicator found in the County Code at
JCC § 18.45.080(b)(i), which asks whether circumstances related to the proposed
amendments and/or the area it impacts have substantially changed since the
Comprehensive Plan was amended, the Board concludes that circumstances have
not changed except that the need for an urban growth area in the county as an
economic growth engine for the county has become more immediate given the
current economic circumstances now present in this country and that a strong and
modern rural library can and will serve as a technology and career center for
residents of the County.
41. With respect to the growth management indicator found in the County Code at
JCC § 18.45.080(b)(ii), which asks if the assumptions upon which the
Comprehensive Plan is based are valid and asks if there is new information
available that was not considered at the time when the Comprehensive Plan was
adopted, the Board points to the nationwide economic recession that became
evident in late 2008 and the stagnating revenues the County government must live
Page 6
within as new information supporting the decision of the BoCC to move forward
with achieving a GMA-compliant urban growth area at Irondale/Port Hadlock.
42. With respect to the growth management indicator found in the County Code at
JCC § 18.45.080(b)(iii), which asks whether the proposed amendment reflects
current widely held values of the residents of Jefferson County the Board
concludes that the existence of an urban growth area at Irondale/Port Hadlock is
ingrained in the text of a fundamental planning document of this County, the
County Wide Planning Policies, note that the topic of an urban growth area in
Irondale/Port Hadlock has been discussed for a quarter of a century by County
citizens and was initially made a legislative reality in 2004, some eight years ago.
Since that time all County Commissioners, of both political parties, have
proactively moved towards achieving a GMA-compliant urban growth area,
suggesting a political consensus exists behind obtaining such a GMA-compliant
urban growth area.
43. This amendment to Title 18 creates a very limited exception to the general
principle of law that legal, non -conforming uses are not favored and retains the
general doctrine of law reflected in Title 18 of the Jefferson County Code that
expansions of non -conforming uses will be strictly limited in scope and subject to
a public review process.
44. The health, safety and welfare of the citizens of Jefferson County is served and
enhanced by the enactment of this Ordinance.
45. Enactment of this Ordinance is within the general police power granted by the WA
State Constitution to the County Commission in its role as the legislative body for
Jefferson County.
NOW, THEREFORE, the Board of County Commissioners for Jefferson County,
Washington, in regular session assembled, does hereby ordain as follows:
Section One: Pursuant to the County's authority conferred by RCW 36.70, 36.70A,
36.70B, and 43.21C, the Board of County Commissioners hereby adopts the amendments
to development regulations described below and made a part of Jefferson County Code
Sections 18.20.260(3)(c) and 18.30.050, Table 6-1, as an official land use control and
comprehensive plan implementing regulation for Jefferson County, Washington.
JCC 18.20.260(3)(c) as amended shall read: "Substantial expansions which exceed either
10 percent or 200 square feet shall be subject to a Type III conditional use permit
approval process. The expansion cannot increase the structural portion of the
nonconforming use by more than 3,999 square feet. The expansion is calculated from the
effective date of the nonconformance. Public purpose facilities shall not be subject to the
building cap limitations of this section."
Page 7
JCC 18.30.050 Table 6-1 is amended to add the following language under NOTES: "19.
Impervious surface requirements do not apply toun blic purpose facilities."
Section Two: All other sections, tables and language of the Unified Development Code,
Title 18 of Jefferson County Code are not altered or amended in any manner by this
Ordinance.
Section Three: Severability: In the event any one or more of the provisions of this
ordinance shall for any reason be held to be invalid, such invalidity shall not affect or
invalidate any other provisions of this ordinance, but this ordinance shall be construed
and enforced as if such invalid provision had not been contained therein; PROVIDED,
that any provision which shall for any reason be held by reason of its extent to be invalid
shall be deemed to be in effect to the extent permitted by law.
Section Four: This ordinance shall be in full force and effect at 5:00 pm on the date of
its enactment by the Jefferson County Board of County Commissioners.
Appr6ved'And signed this 1st day of October, 2012.
JEFFERSON COUNTY
{ BOARD OF COMMISSIONERS
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•Attest:- . • '" ' ��
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Clerk of the Board
Approved as to Form Only:
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David Alvarez
Deputy Prosecuting Attorne
Page 8
,John
Phil Johnson, Member
David Sullivan, Member
16
16 1 1 I-z--
Regular Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County A inistrator
FROM: Carl Smith, Director
Stacie Hoskins, Planning Manager
Michelle Farfan, Associate Planner''
DATE: October 1, 2012
SUBJECT: Deliberations and Final Decision, MLA10-00349, Amendment to JCC
Title 18
STATEMENT OF ISSUE:
On October 4, 2010 the Board of County Commissioners (Board) directed staff to start the UDC text
amendment process of application MLA 10-00349.
The Jefferson County Library is seeking to expand its facility by construction of a detached book mobile
garage, additional paved driveway and sidewalks, and an internal remodel with some expansion in
footprint. This will allow the library to provide better public services to the community by increasing its
literacy collection and additional rooms, expand the teen area, consolidate mechanical systems; organize
staff functions into a centralized workroom, and organize the library to allow for sight lines from staffed
workstations, just to name a few. This proposal is consistent with the Library's Expansion Master Plan.
The Library's desire to expand its facility exceeds the allowable square footage and impervious surface
coverage limit as identified in the County's Unified Development Code (UDC) Title 18 of the Jefferson
County Code (JCC). In 2010, library staff consulted with county staff at which time these constraints were
identified and the county library started the process to amend the UDC language for public purpose
facilities.
As a result of loss of the previous staff planner transferring to the County Public Works Department in
February 2011, this particular UDC text amendment application is now being brought before you for
consideration and final action by adoption of the attached ordinance.
BACKGROUND/ANALYSIS/STRATEGIC GOALS/PROS and CONS:
The County adopted urban designations and standards for the Irondale and Hadlock Urban Growth Area
(UGA) through Ordinance 03-0323-09 on March 23, 2009, codifying urban standards in Title 18 of the
Jefferson County Code (JCC) as Chapter 18.18 JCC. The county library is constructed on lands currently
zoned as Transitional Zoning Rural Residential RR 1:5 and is considered legal non -conforming.
JCC 18.20.260(3)(c), entitled "Nonconforming uses and structures," limits expansions of such uses to not
more than 3,999 square feet and JCC 18.30.050 Table 6-1 limits the impervious surface coverage to a
maximum of 25% within the Rural Residential zoning districts. The Jefferson County Library wishes to
expand the size of its facility including an increase in the amount of impervious surface. The current Code
limitations technically prevent the county library from its requested expansions.
Regular Agenda
On September 20, 2010, the Jefferson County Library, Port Hadlock, made application to the Department
of Community Development for an amendment to the Unified Development Code (UDC), Jefferson
County Code (JCC) Title 18. The application has been recorded as MLA10-00349. The proposed
amendment to the building cap limitations defined in JCC 18.20.260 (3)(c) is to exclude public purpose
facilities, and to amend JCC 18.30.050, Table 6-1 with a new footnote "Impervious surface requirements
do not apply to public purpose facilities".
The Transitional Rural Development Standards of the Irondale/Port Hadlock Urban Growth Area, Chapter
18.19 JCC, apply Section 18.20.260 Nonconforming Uses and Structures, which specifies that expansion
cannot increase the structural portion of the nonconforming use by more than 3,999 square feet.
On February 7, 2011 staff presented the "Planning Agency" (Planning Commission and the Department
of Community Development) recommendations and request for decision for writing an ordinance on the
UDC Text Amendment proposal for non -conforming public purpose facilities to the BoCC. The BoCC
accepted the recommendation of the Planning Agency to approve the text changes and directed staff to
prepare an ordinance reflecting the Code changes.
FISCAL IMPACT/COST-BENEFIT ANALYSIS:
There is no fiscal impact since staff time to process the request is billed to the applicant. The applicant has
paid to date a total of $8,869.25 for this review process.
RECOMMENDATION:
Staff consulted with the Prosecutor's Office regarding final language to the ordinance 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 MLA 10-00349 by adoption of
the enclosed draft Ordinance to amend the UDC; JCC 18.20.260 & 18.30.050 Table 6-1 Note 19 to read as
follows:
• JCC 18.20.260(3)(c) as amended shall read: "Substantial expansions which exceed either 10 percent or 200
square feet shall be subject to a Type III conditional use permit approval process. The expansion cannot increase
the structural portion of the nonconforming use by more than 3,999 square feet. The expansion is calculated
from the effective date of the nonconformance. Public purpose facilities shall not be subject to the building cap
limitations of this section."
• JCC 18.30.050 Table 6-1 is amended to add the following language under NOTES: "19. Impervious surface
requirements do not apply to public purpose facilities."
REVIEWED BY:
Date