Loading...
HomeMy WebLinkAbout02 0110 94 &- ff J ~ 11- '/4 : f.tJ.n~~ {/1)..94 1 2 3 4 5 IN THE MATTER OF an interim land use) 6 control establishing interim urban) 7 growth areas as required by Chapter) 8 36.70A.110 RCW, ensuring that) 9 development will be encouraged in ) 10 urban areas, where adequate public) 11 facilities and services exist or can) 12 be provided in an efficient manner, ) 13 and amending the lot density) 14 provisions of the Jefferson county) 15 Subdivision ordinance, No. ) 16 04-0526-92, in order to conform to ) 17 these regulations. ) 18 19 The Jefferson County Board of Commissioners enter the following 20 findings: 21 22 1. 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 2. 42 43 44 45 46 3. 47 48 49 IN THE BOARD OF COMMISSIONERS IN AND FOR THE COUNTY OF JEFFERSON ORDINANCE NO. 2-0110-94 Jefferson County has historically experienced rapid population growth which is likely to continue. Jefferson County Planning Department data, based upon figures obtained from the Washington State Office of Financial Management, indicate that Jefferson County experienced compound annual growth rates of: ten and six- tenths percent (10.6%) for the years 1960 to 1970; forty-nine and seventy-five hundredths percent (49.75%) for the years 1970 to 1980; and twenty-seven and eighty-two hundredths percent (27.82%) for the years 1980 to 1990. The population growth during the years 1980 to 1990 placed Jefferson County among the fastest growing counties in the State of Washington. Most recently, figures released by the Washington State Office of Financial Management indicate a growth rate of fifteen and two- tenths percent (15.2%) for Jefferson Cou~ty for the years 1990 to 1993, ranking Jefferson County second among counties in state- wide average growth rate. The data relati ve to historical population trends demonstrates that the current rapid population growth is not anomalous. Jefferson County's population growth rate requires that the county and the City of Port Townsend develop comprehensive plans and development regulations under the statutory requirements of the Growth Management Act (Chapter 36.70A.040 RCW). In the passage of the Growth Management Act the Washington state Legislature found that uncoordinated and unplanned growth, together with a lack of common goals expressing the public's interest in the conservation and the wise use of our lands, pose "-~ ORDINANCE NO. 2-0110-94 1 . VOL 20 r.~Œ 52 1 2 3 4 5 4. 6 7 8 9 10 5. 11 12 13 14 15 16 17 6. 18 19 20 21 22 23 24 25 26 7. 27 28 29 30 31 8. 32 33 34 35 36 9. 37 38 39 40 41 42 43 44 10. 45 46 47 48 49 a threat to the environment, sustainable economic development, and the health, safety and high quality of life enjoyed by residents of our state (Chapter 36.70A.010 RCW). The Growth Management Act contains goals to guide the development and adoption of comprehensive plans and development regulations for counties and cities required to plan under the statute (Chapter 36.70A.020 RCW). Specifically, the Growth Management Act seeks to encourage development in areas where adequate public facilities and services exist or can be provided in an efficient manner and to reduce the inappropriate conversion of undeveloped land into sprawling, low density development (Chapter 36.70A.020(1) and (2) RCW) . The Growth Management Act defines "urban growth" as growth that makes intensive use of land for the location of buildings structures and impermeable surfaces to such a degree as to be incompatible with the primary use of such land for the production of food, other agricultural products, or fiber, or the extraction of mineral resources. When allowed to spread over wide areas, urban growth typically requires urban governmental services (Chapter 36.70A.030(14) RCW). The Growth Management Act defines "characterized by urban growth" as land having urban growth located on it, or . . . land located in relationship to an area with urban growth on it as to be appropriate for urban growth (Chapter 36.70A.030(14) RCW). Several sources of statistical data support the Board's determination that the Tri-Area and Port Ludlow should appropriately be considered as being "characterized by urban growth." Jefferson County Planning Department data indicate that forty- two and seventy-nine hundredths percent (42.79%) of all building permits issued for unincorporated Jefferson County during the years 1986 to 1991 were for structures located in Planning Areas 4 and 7, correlating generally with the areas encompassed within the Tri-Area Community Development Plan boundary, and the Port Ludlow Master Plan boundary. Jefferson County Assessor's Office data indicate that approximately fifty-eight and six tenths percent (58.6%) of the assessed value of land and improvements within Jefferson County lies within the Port Townsend, Chimacum and Port Ludlow fire districts. These fire districts correlate generally with the three interim urban growth areas established by this ordinance. ORDINANCE NO. 2-0110-94 - 2 ~VOL 20 fAœ 53 1 2 3 4 5 6 7 8 9 10 11. 11 12 13 14 15 16 17 18 19 20 21 12. 22 23 24 25 26 27 13. 28 29 30 31 32 33 34 14. 35 36 37 38 39 40 15. 41 42 43 44 45 46 16. 47 48 49 50 Assessed values and their corresponding percentage of overall assessed value are as follows: Area (fire district) Value Percent Port Townsend Port Ludlow Chimacum $295,356,695 $280,436,825 $232,747,860 21. 4% 20.3% 16.9% If not properly planned and managed within the framework provided by the Growth Management Act, meeting the demands of a rapidly growing County population is likely to cause suburban sprawl, commercial strip development, commercial and industrial development at inappropriate locations, damage to environmentally sensitive areas and loss of natural resource lands and open spaces. Also, this pattern of development is likely to create demands for urban services and utilities at densities which are insufficient to support their extension and only at a significant cost to tax payers. The Growth Management Act requires that Jefferson County designate interim urban growth areas by way of development regulation on or before October 1, 1993, and permanent urban growth areas at the time the revised Jefferson county comprehensive Plan is adopted (Chapter 36.70A.110 RCW). These regulations conform to and implement the provisions of the Growth Management Act and the Procedural Criteria for Adopting comprehensive Plans and Development Regulations (hereinafter referred to as the Procedural criteria) that relate to the establishment of interim growth areas (Chapter 36. 70A.110 RCW and Chapter 365-195-335 WAC). Consistent with the Growth Management Act and the Procedural criteria, these regulations designate interim urban growth areas within which urban growth shall be encouraged and outside of which growth can occur only if not urban in nature (Chapter 36.70A.110(1) RCW and Chapter 365-195-335(1) (a) WAC). These regulations designate the only incorporated city in Jefferson County as an interim urban growth area (the City of Port Townsend), consistent with the Growth Management Act and the Procedural criteria (Chapter 36.70A.110(1) RCW and Chapter 365- 195-335(1) (b) WAC). In conformity with the Growth Management Act and the Procedural criteria, this ordinance designates interim urban growth areas outside the City of Port Townsend that are either characterized by, or adjacent to areas that are characterized by, urban growth (Chapter 36.70A.110(1) RCW and Chapter 365-195-335(1) (c». ORDINANCE NO. 2-0110-94 3 ~ VOL 20 Mt~ 54 1 17. 2 3 4 5 6 7 8 18. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 19. 32 33 34 35 36 20. 37 38 39 40 41 42 43 44 45 46 21- 47 48 49 These regulations establish interim urban growth areas of sufficient density to permit the urban growth that is projected to occur in the County for the succeeding twenty (20) year period, in conformance with the Growth Management Act and the Procedural criteria (Chapter 36.70A.110(2) RCW and Chapter 365- 195-335(1) (d) WAC). In compliance with the Growth Management Act and the Procedural Criteria, these interim regulations establish urban growth areas in regions of the County that are already characterized by urban growth and that have existing public facility and service capacities, or that will be served by a combination of both existing public facilities and services provided by either public or private sources. The incorporated limits of the City of Port Townsend are served by the full range of urban services. The territory encompassed by the Tri-Area Interim Urban Growth Area is currently served by the following urban type services: a scheduled and unscheduled stop public transit system; community water systems or Port Townsend city water supply; a public library; a community center; and two general commercial zones. The terr i tory encompassed by the Port Ludlow Inter im Urban Growth Area is currently served by the following urban type services: a scheduled and unscheduled stop public transit system; a sanitary sewer system; a recreational vehicle park; a two hundred and eighty-five (285) slip marina; a log dump and sorting area; a twenty-seven (27) hole golf course and various recreational facilities; and a commercial center that is presently under consideration as a general commercial zone (Chapter 36.70A.110(3) RCW and Chapter 365-195-335(1) (e) and (f) WAC). In compliance with the Growth Management Act and the Procedural Criteria, the process of designating interim urban growth areas has included regular and frequent consultations with elected and appointed officials representing the City of Port Townsend. In compliance with the Growth Management Act, Jefferson County and the City of Port Townsend have jointly adopted a County- Wide Planning policy (County Resolution No. 128-92 and City Resolution No. 92-112) (Chapter 36.70A.210 RCW). The policy provides, in part, that the general pattern of future development in the County, including higher intensity development, should occur within mutually established urban growth areas and that outside of such designated areas, the rural character and benefits of the land should be maintained. The County-wide Planning Policy was adopted prior to passage of Engrossed House Substitute Bill 1761, which amended the Growth Management Act to require adoption of development regulations designating interim urban growth areas or before October 1,1993 ORDINANCE NO. 2-0110-94 4 ~VOL 20 UŒ 55 1 2 3 4 5 6 7 8 9 10 11 12 22. 13 14 15 16 17 18 19 23. 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 24. 43 44 45 46 47 48 49 (Chapter 36.70A.110 RCW). Accordingly, policies 1, 2 and 3 of the County-wide Planning policy were formulated to address permanent urban growth areas under the revised Comprehensive Plan, rather than interim urban growth areas, and are not entirely applicable to the adoption of this ordinance. Nevertheless, Jefferson County has reviewed, considered and complied with the county-Wide Planning policy to the extent possible, given its indefinite applicability to interim urban growth areas and the statutory deadlines mandated by the Growth Management Act (Chapter 36.70A.110 RCW). Policy 1.1 of the County-Wide Planning policy requires that the County and the City jointly prepare a regional population forecast for growth management planning purposes, using the Washington state Office of Financial Management population projection as the low or base projection and establishing medium and high range projections. In conformance with Policy 1.1 of the county-wide Planning Policy, Jefferson County Planning Department staff prepared draft population projections in July of 1992. In July 1992, this draft population forecast was reviewed and provisionally approved by the Growth Management steering Committee, pending further refinement by Port Townsend and Jefferson County Planning staffs. In February and March 1993, Port Townsend and Jefferson County Planning staffs held three meetings for the purpose of reviewing and identifying required revisions to the original population projections. In August of 1993, Jefferson County Planning Department staff completed and presented a final revised population forecast to the Jefferson County Board of Commissioners and the City of Port Townsend for review and comment prior to formal adoption by the Growth Management Steering Committee. The Growth Management Steering Committee reviewed the population forecast on September 16, 1993 and September 30, 1993. Jefferson County has concluded that the population forecast is suitable for the purpose of allocating predicted population growth to interim urban growth areas, although it is acknowledged that refinements to the population forecast may become necessary during the comprehensive planning process. Policy 1.2 of the County-Wide Planning Policy, read in concert wi th the applicable provisions of the Growth Management Act (Chapter 36.70A.110(2) RCW), requires that urban growth areas be sized to accommodate one hundred percent (100%) of the Washington state Office of Financial Management projected low base population growth for the succeeding twenty (20) year period. ORDINANCE NO. 2-0110-94 5 , VOL 20 r;',[~ 56 1 25. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26. 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 27. 45 46 47 48 49 50 Planning Areas 1, 4 and 7 correlate generally with the areas encompassed within the incorporated limits of the City of Port Townsend, the Tri-Area community Development Plan boundary, and the Port Ludlow Master Plan boundary, respectively. Planning Areas 1, 4 and 7 comprise approximately thirteen thousand one hundred and ninety-eight (13,198), or nine and eighty-one hundredths percent (9.81%) of the land base of that portion of Jefferson County lying east of the United states Forest Service boundary. Historical population data indicate that fifty-four and nine-tenths percent (54.9%) of Jefferson County's growth has occurred within Planning Areas 1, 4 and 7, while forty-five and one-tenth percent (45.1%) of the growth occurred within the remainder of the unincorporated area of the County. Population figures released by the Washington state Office of Financial Management indicate that sixty-seven and one tenth percent (67.1%) of the growth in 1992 occurred within Planning Areas 1, 4 and 7, while thirty-two and nine tenths percent (32.9%) of the growth in 1992 occurred within the remainder of the unincorporated area of the County. Data available for 1993 indicate that Planning Areas 1, 4 and 7 continue to receive the majority of the population growth and development in eastern Jefferson County. Figures released by the Washington state Office of Financial Management (and projected for the succeeding twenty (20) years by Jefferson County Planning Department staff) forecast a low base population growth for the twenty (20) year period beginning April 1, 1993 and ending March 31, 2013, of nine thousand two hundred and seventy (9,270) persons. The population forecast estimates that this population growth will be distributed as follows: the Port Ludlow Interim Urban Growth Area will accommodate thirty and fifty-eight hundredths percent (30.58%) of the twenty (20) year projected low base population growth, or two thousand eight hundred and thirty-five (2,835) persons; the Tri-Area Interim Urban Growth Area will accommodate thirty-one and two one hundredths percent (31.02%) of the twenty (20) year projected low base population growth, or two thousand eight hundred and seventy-five (2,875) persons; and the statutorily mandated Port Townsend Interim Urban Growth Area will accommodate thirty-eight and four-tenths percent (38.4%) of the twenty (20) year projected low base population growth, or three thousand five hundred and sixty (3,560) persons. Policy 1.4 of the County-Wide Planning Policy indicates that Port Hadlock and Port Ludlow are under consideration as being "characterized by urban growth" for the purpose of designating urban growth areas in the unincorporated County. Policy 1.4 further requires that the Tri-Area Community Development Plan and the Port Ludlow Master Plan be used as guides in the delineation of urban growth area boundaries. ORDINANCE NO. 2-0110-94 6 LVOL 20 fAG~ 57 1 28. 2 3 4 5 6 7 8 29. 9 10 11 12 13 14 15 16 17 18 19 30. 20 21 22 23 24 25 26 27 28 31. 29 30 31 32 33 34 35 36 37 38 39 40 32. 41 42 43 44 45 46 47 48 49 50 51 Policy 1.3 of the County-Wide Planning policy requires that the size and delineation of urban growth area boundaries be determined following specified criteria. Jefferson County Planning Department data indicate that these regulations establishing interim urban growth boundaries are substantially consistent with these criteria. Consistent with policy 1.3 of the County-Wide Planning policy, these regulations designate interim urban growth area boundaries that will accommodate the projected low base population growth for Jefferson County. A preliminary analysis conducted by the Jefferson County Planning Department indicates that the Port Ludlow, Tri-Area and Port Townsend interim urban growth areas are appropriately dimensioned to accommodate the low base population growth, factoring topographical features, environmentally sensitive areas that pose natural limitations on urban growth, and prospective greenbelts and open space corridors. Historical data relating to existing platted land within the Tri-Area Community Development Plan boundary indicate that the area was subdivided in the late nineteenth century to accommodate a population in excess of twenty thousand (20,000) persons. Although the Tri-Area has failed to realize its platted potential, it remains the second most populated area in Jefferson County with a resident population of three thousand six hundred and fifty-two (3,652) persons. Based upon an average household size of 2.3 persons, over one thousand (1,000) housing units will be required in the Tri-Area Interim Urban Growth Area to accommodate the Washington state Office of Financial Management projected low base population growth for the succeeding twenty (20) year period. The existing density of development within the Tri-Area Community Development Plan boundary ranges from two to four units per acre. Estimates based upon this settlement pattern indicate that approximately two hundred and fifty (250) to five hundred (500) acres of land will be needed to satisfy the area's housing demands during the ensuing twenty (20) year period. For the purposes of this interim ordinance, the Tri-Area Interim Urban Growth Area is established, encompassing a substantial portion of the land designated as suburban/residential within the Tri-Area community Development Plan, and also including approximately five hundred (500) acres of land that have not been subdivided into parcels of less than one acre in size. The analysis conducted by the Jefferson County Planning Department indicates that these comparatively low density areas, in combination with future in-fill of existing platted lands, will provide a land base adequate to accommodate the Washington state Office of Financial Management projected low base population growth for the succeeding twenty (20) year period. ORDINANCE NO. 2-0110-94 7 . VOL ,20 !:AQ~ 58 1 33. 2 3 4 5 6 7 8 9 34. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 35. 26 27 28 29 30 31 32 33 34 35 36 37 38 39 36. 40 41 42 43 44 45 37. 46 47 48 49 The original Port Ludlow Master Plan conceived of a community with approximately six thousand (6,000) homesites. To date, approximately one thousand two hundred (1,200) homesites have received County approval, of which less than six hundred (600) have been developed. The current resident population of Port Ludlow is one thousand four hundred and forty-four (1,612) persons. Based upon an average household size of 2.0 persons (which can be attributed to the predominantly retirement character of the community), approximately one thousand four hundred (1,400) housing units will be required within the Port Ludlow Interim Urban Growth Area to accommodate the Washington state Office of Financial Management projected low base population growth for the succeeding twenty (20) year period. It is anticipated that in- fill on existing platted parcels, as well as the development of seven hundred (700) housing units anticipated under the Port Ludlow Master Plan, will accommodate virtually all of the contemplated growth within the succeeding twenty (20) years. Nonetheless, at a density of two units per acre, approximately fifty (50) acres of undeveloped land will be needed to satisfy the area's housing demands during the ensuing twenty (20) year period. For the purposes of these interim regulations, this ordinance establishes a Port Ludlow Interim Urban Growth Area encompassing all those areas lying wi thin the Port Ludlow Master Plan boundary, and also including approximately fifty (50) acres of land that have not been subdivided into parcels of less than one acre in size. An evaluation conducted by the Jefferson County Planning Department indicates that these comparatively low density areas, in combination with future in-fill of existing platted lands and construction of housing units already approved by Jefferson County will provide a land base adequate to accommodate the Washington state Office of Financial Management projected low base population growth for the succeeding twenty (20) year period. Consistent with policy 1.3 of the County-Wide Planning policy, and the relevant provisions of the Growth Management Act (Chapter 36. 70A.110 (1) RCW), these regulations designate the incorporated limits of the City of Port Townsend as an interim urban growth area. Consistent with policy 1.4 of the County-Wide Planning Policy, the Tri-Area community Development Plan and the Port Ludlow Master Plan have been used as guides in the preparation of these interim regulations establishing interim urban growth areas. With the exception of those areas lying north of Chimacum Creek ORDINANCE NO. 2-0110-94 8 '.VOL 20.' ""'f.' 59,. It'",--- 1 2 3 4 5 6 7 8 9 38. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 39. 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 40. 41 42 43 44 45 41. 46 47 48 49 and immediately south of the Kala Point area, the Tri-Area Interim Urban Growth Area closely observes the Tri-Area community Development Plan boundary. The Port Ludlow Interim Urban Growth Area follows the Port Ludlow Master Plan boundary except for minor deviations along the eastern perimeter required to accommodate the area's projected twenty (20) year population growth. policy 1.5 of the county-Wide Planning Policy states in pertinent part: "Growth should be directed into two tiers: first tier - existing commercial centers and urbanized areas where the six (6) year capital facilities plan is prepared to provide urban infrastructure; second tier - areas included within the capital facilities plan to receive the full range of urban services within twenty (20) years. II Consistent with finding 21, above, the Board has reviewed and considered policy 1.5. Because the requirements of this policy are contingent upon adoption of the capital facilities plan (an element of the revised Comprehensive Plan), the Board has determined that this policy was formulated to address permanent urban growth areas under the revised Comprehensive Plan, rather than interim urban growth areas, and is not directly applicable to the review and approval of these regulations. Policy 1. 6 of the County-Wide Planning policy states in pertinent part: "UGA boundaries may be changed whenever it can be shown that the criteria set forth above for size and boundary delineation may no longer be met; provided, said expansion shall only occur after the capital facilities plan is updated and adopted assuring adequate urban service to support the additional area." Consistent with finding 21, above, the Board has reviewed and considered policy 1.6. Because the requirements of this policy relate to modifying established urban growth area boundaries, the Board has determined that this policy was formulated to address permanent urban growth areas under the revised Comprehensive Plan, rather than the establishment of interim urban growth areas, and is not directly applicable to the review and approval of these regulations. Policy 1.7 of the County-Wide Planning Policy requires that the County adopt interim level of service standards for public services and facilities located inside and outside urban growth areas prior to adoption of urban growth area boundaries. In conformance with Policy 1. 7 of the County-Wide Planning Po1icy, Jefferson County Planning Department staff (in conjunction with the Jefferson County Capital Facilities Coordinating Committee) circulated draft Interim Level of Service Standards on January 17, 1992. During the period January, 1992 ORDINANCE NO. 2-0110-94 9 ~VOL 20 rAG~ 60 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 42. 18 19 20 21 22 43. 23 24 25 26 27 28 29 30 44. 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 45. 46 47 48 49 to August, 1993 the draft Interim Level of Service Standards were further reviewed and ref ined by Port Townsend and Jefferson County Planning staffs. On August 6, 1993, the Jefferson County Board of Commissioners adopted the Interim Level of Service standards to guide the planning process and to ensure that all future development is provided with an appropriate level of public services, compatible with each community's position in the County's settlement structure, and commensurate with the County's fiscal capabilities. Following adoption, the County has determined that further refinements to the Interim Level of Service Standards are necessary. This ordinance adopts and incorporates by reference these revised Interim Level of Service Standards. Further, Jefferson County acknowledges that numeric level of service standards are necessary prior to completion of the comprehensive planning process. Policy 1.8 of the county-Wide Planning policy indicates that urban growth areas will be separated from each other by designated rural or resource lands, open space corridors, or unique topographic features. Consistent with policy 1.8 of the county-Wide Planning Policy, the urban growth areas established by this ordinance are substantially separated from each other by areas that are currently designated as resource production or rural lands under the existing comprehensive Plan, as well as areas that are contemplated for designation as resource or rural lands or open space corridors in the revised comprehensive Plan. Policy 2.1 of the county-Wide Planning policy states in pertinent part: "The full range of governmental urban services at the adopted level of service standards will be planned for and provided within UGA's, as defined in the capital facilities plan, including community water, sanitary sewer, piped fire flow, and storm water systems." Consistent with finding 21, above, the Board has reviewed and considered policy 2 .1. Because the requirements of this policy are contingent upon adoption of the capital facilities plan (an element of the revised Comprehensive Plan), the Board has determined that this policy was formulated to address permanent urban growth areas under the revised comprehensive Plan, rather than interim urban growth areas, and is not directly applicable to the review and approval of these regulations. Policy 2.2 of the County-Wide Planning Policy designates Jefferson County as the planning agency for unincorporated urban growth areas. Policy 2.2 further requires that citizen advisory commi ttees be appointed for each unincorporated urban growth area to guide development of community plans for these areas. ORDINANCE NO. 2-0110-94 10 ~ VOL 2 0 fAG~ 61 1 46. 2 3 4 5 47. 6 7 8 9 48. 10 11 12 13 49. 14 15 16 17 18 50. 19 20 21 22 23 51. 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 52. 39 40 41 42 43 44 45 46 47 48 49 Consistent with policy 2.2 of the county-Wide Planning Policy, Community Planning Committees were constituted for the Tri-Area and Port Ludlow on July 22, and October 27, 1993, respectively. In substance, policy 2.3 of the County-wide Planning policy requires that new development meet the adopted level of service standards as a condition of project approval. Consistent with policy 2.3 of the County-wide Planning policy, these regulations require that new development conform with the adopted Interim Level of Service standards. Policy 2.4 of the County-Wide Planning Policy requires that urban services not be extended beyond urban growth area boundaries unless needed to mitigate a threat to the public health or welfare, or to protect an area of environmental sensitivity. In conformance with policy 2.4 of the County-wide Planning Policy, these regulations proscribe the extension of urban services to unincorporated areas outside the urban growth area boundaries. Policy 2.5 of the County-Wide Planning Policy states in pertinent part: "Priority for the funding of new or expanded public services and facilities will first be given to those which are responding to capacity deficiencies within UGAs or to those which provide an inducement for development within UGAs or to those responding to a public health threat." Consistent with finding 21, above, the Board has reviewed and considered policy 2.5. Because the requirements of this policy relate to funding new or expanded public services and facilities within established urban growth areas, the Board has determined that this policy was formulated to address permanent urban growth areas under the revised Comprehensive Plan, rather than the establishment of interim urban growth areas, and is not directly applicable to the review and approval of these regulations. Policy 2.6 of the county-Wide Planning Policy states in pertinent part: "The minimum design capacity for all planned capital facilities will be based upon the total population projected for the service area at the end of the twenty year period identified in the adopted population forecast." Consistent with finding 21, above, the Board has reviewed and considered policy 2.6. Because the requirements of this policy relate to design capacities for all planned capital facilities, and because capital facilities planning is contingent upon adoption of the capital facilities plan (an element of the revised Comprehensive Plan), the Board has determined that this policy was formulated to address permanent urban growth areas under the revised comprehensive ORDINANCE NO. 2-0110-94 11 '.VOL 20 rAG~ 62 1 2 3 4 5 53. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 54. 21 22 23 24 25 26 27 28 29 55. 30 31 32 33 34 35 36 37 38 39 40 41 42 56. 43 44 45 46 47 48 57. 49 Plan, rather than the establishment of interim urban growth areas, and is not directly applicable to the review and approval of these regulations. Policy 2.7 of the County-Wide Planning Policy states in substance that the City of Port Townsend and Jefferson County will update the Coordinated Water system Plan based upon the joint population forecast, and that such revisions may require modifications to the land use elements of the Comprehensive Plan and the community development plans. It requires further, that comprehensive plans include water quality and water conservation policies and standards. Consistent with finding 21, above, the Board has reviewed and considered policy 2.7. Because the requirements of this policy relate to future alterations to the revised comprehensive Plan, the Board has determined that this policy was not formulated to address the establishment of interim urban growth areas, and is not directly applicable to the review and approval of these regulations. The prefatory statement to Policies 3.1 through 3.7 of the County-Wide Planning Policy indicates that these policies were intended to guide the development of comprehensive plans. Accordingly, the Board has reviewed and considered policies 3.1 through 3.7, and has determined that these provisions were not formulated to address the establishment of interim urban growth areas, and are not directly applicable to the review and approval of these regulations. The Growth Management Act requires Jefferson County to amend the Jefferson County Comprehensive Plan and to enact permanent controls implementing the revised Plan by December 31, 1994 (Chapter 36. 70A. 040 RCW). A component of these statutory mandates requires Jefferson County to adopt permanent urban growth areas by December 31, 1994 (Chapter 36.70A.110). Accordingly, the urban growth area designations established by these regulations are wholly provisional and are subject to revision. It is expected that these interim urban growth areas will be reviewed and refined during the preparation of amendments to the Comprehensive Plan, and implemented through a permanent zoning control. On August 7, 10, and 19, 1993 Planning Department staff held public workshops in Port Ludlow and Chimacum for the purpose of receiving public comment on the establishment of interim urban growth boundaries, and to comply with the procedural requirements of the Growth Management Act (Chapter 36.70A.140 RCW). On September 1, 2 and 7, 1993, the Jefferson County Planning Commission held meetings to review the proposed interim urban ORDINANCE NO. 2-0110-94 12 , VOL 20 rArf 63 1 2 3 4 5 6 58. 7 8 9 10 11 12 59. 13 14 15 16 60. 17 18 19 20 21 22 23 24 25 26 61. 27 28 29 62. 30 31 32 33 34 35 36 63. 37 38 39 40 41 64. 42 43 44 45 46 47 48 65. 49 50 51 growth areas ordinance and prepare a report for the advice of the Board of County Commissioners. This review and report was accomplished in compliance with the requirements of the Planning Enabling Act (Chapter 36.70.640 RCW). On September 20, 1993, the Board conducted a workshop with Planning Department staff to review the Planning Commission's report and recommendations and, based upon that report, to direct final modifications to the draft ordinance prior to public hearing. On October 6, 1993, notice of public hearing(s) on the proposed interim urban growth areas ordinance was published in the Port Townsend/Jefferson County Leader. Consistent with the procedural requirements of the Growth Management Act, the Board held public hearings at the Tri-Area Community Center on October 18,1993 and at the Port Ludlow South Bay Recreation Center on October 21, 1993 for the purpose of receiving public testimony and written correspondence on the merits and deficiencies of the proposed interim urban growth areas ordinance (Chapter 36. 7 OA. 390 RCW). The Board and the Port Townsend City Council held a corresponding public hearing at the City's Recreation Center on October 25, 1993. The Board received letters of support and opposition regarding the merit of the proposed interim urban growth areas ordinance. On October 27, November 1, 3, 8, 22 and 23, 1993, the Board conducted public workshops and discussions with Planning Department and Community Services staff for the purpose of reviewing and deliberating upon testimony received at the public hearings, and directing modifications to the proposed legislation. These regulations are being adopted following appropriate public notice and hearing, as required by the Growth Management Act and the Planning Enabling Act (Chapter 36.70A.110(4) RCW and Chapter 36.70.630 and 36.70.640 RCW). In compliance with the Growth Management Act, the state Environmental Policy Act, and the relevant provisions of the Washington Administrative Code, these regulations have been subject to environmental review and threshold determination (Chapter 36.70A.110(4) RCW, Chapter 43.21C RCW and Chapter 197- 11 WAC). Nothing in this ordinance shall be construed as prohibitive of commercial and industrial development within areas designated as appropriate for such development by the Jefferson County Comprehensive Plan or relevant community development plans. ORDINANCE NO. 2-0110-94 13 : YOL 20 rAG~ 64 1 66. 2 3 4 5 67. 6 7 8 9 10 11 68. 12 13 14 15 NOW, THEREFORE, the Board of County Commissioners for Jefferson County 16 ordains as follows: 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 1. 37 38 39 40 2. 41 42 43 44 3. 45 46 47 4. 48 49 The Board intends this ordinance to apply to all property within the unincorporated areas of Jefferson County, to the extent permitted by law. This ordinance allows for development to proceed in a manner consistent with the rights of individuals to peacefully use and enjoy their property. Concurrently, this ordinance encourages development in areas where adequate public facilities and services exist or can be provided in an efficient manner. These regulations bear a substantial relationship to the public health, safety and welfare of the County as a whole. Section 1.00 Desiqnation of Interim Urban Growth Areas: The areas depicted on the precisely detailed maps set forth as attachments "A," "B," "C" and "D" hereto, establish the Port Townsend, Tri-Area and Port Ludlow Interim Urban Growth Areas. Section 2.00 Effect of the Interim Level of Service standards: The adopted Interim Level of Service Standards are hereby amended and incorporated within these regulations as attachment liE." Section 3.00 Ap~licability: All new development in Jefferson County that requires final legislative approval by the Jefferson County Board of Commissioners shall comply with the adopted Interim Level of Service Standards as a condition of project approval. Examples of such new development include, but are not limited to: Applications for zone change or conditional use approval under the Jefferson County Emergency Zoning ordinance, No. 1-0106-92, or any permanent zoning control adopted or amended thereafter. Applications for plat or binding site plan approval under the Jefferson County Subdivision Ordinance, No. 4-0526-92, as amended. Applications for binding site plan approval under the Jefferson County Camper Club ordinance, No. 3-80, as amended. Applications for shoreline substantial development permits under the Jefferson-Port Townsend Shoreline Management Master Program. ORDINANCE NO. 2-0110-94 14 , VOL 20 fAG~ 65 1 section 4.00 Subdivision Densities outside of Interim Urban Growth 2 Areas: All new subdivisions occurring outside of interim urban growth 3 areas and within areas currently designated "suburban" under the 4 Jefferson County Comprehensive Plan shall be designed to meet a net 5 density of not greater than one dwelling unit per acre. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 section 5.00 Extension of Existinq Public Infrastructure or Services: Except as allowed by the adopted Interim Level of service standards, new development occurring outside of interim urban growth areas shall be designed in such a manner as not to cause the extension of existing public infrastructure or the intensification of public services. Furthermore, nothing in this subsection shall be construed as restrictive or prohibitive of the in-fill of existing platted areas lying outside of interim urban growth areas. Section 6.00 Amendments to Ordinance No. 04-0526-92. the Jefferson County Subdivision Ordinance: Subsections 5.301.1, 6.303.1, 7.303.1 and 8.303.1 shall be amended to read as follows: "Residential densities shall conform with the Jefferson County Comprehensive Plan or applicable communi ty development plan. unless the provisions of the Jefferson County Interim Urban Growth Areas Ordinance. No. 2-0110-94. spectfya lesser density. Residential densities shall also conform to the lot size standards and requirements of the Health Department and the Washinqton state Department of Health as prov~ded for on-stte sewaqe disposal systems. PROVIDED. in the event of a discrepancy. tþe strtcter standards shall apply." Section 7.00 Severability: If any section, subsection, or other portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such section, subsection, or portion shall be deemed a separate portion of this ordinance and such holding shall not affect the validity of the remaining portions of this ordinance. Section 8.00 Effective Date: This ordinance shall not become effective until ten (10) days following the date of adoption set forth in section 9.00 below. ORDINANCE NO. 2-0110-94 15 VOL 20 rAŒ 56 1 Section 9.00 Adoption: Adopted by the Jefferson County Board of 2 Commissioners this 10th day of January, 1994. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ATTEST: 18 ;~ - .J] 21 C)/o-- 22 Lorna Delaney, Clerk 23 24 25 26 APPROVED AS TO FORM: 27 28 2 9 ~--...... --=::::::-.:¡ 30 ~- 31 Mark Huth, Jefferson County 32 Prosecuting Attorney 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 ,;, / ~~~~. sg~~:,~~~ OF . ¡1 ~'. ... .... .ø'.." .tJ/., il f';:;,. .. ....-~:':.. -< ' .. , ........,...... ¡' .' ; <F""'#' ,/ ; , . ard WoJ, a rma Commissl.oner "='-... ORDINANCE NO. 2-0110-94 16 VOL 20 fAG~ 67 ?\ô-Y\tì\j hcd è)r~;\Î(Ll ATTACHMENT A JEFFERSON COUNTY, WA. INTERIM URBAN GROWTH AREAS PORT TOWNSEND MARROlfSTONE ISLAND ï APPROVED and CER~nED ~ this _---L-Œ-=' day of _-:5 RAMÅ~. 1991- " . ~-k f4f RICHARD WOJT Member of the Board ~ N OAK /2Ld :øL GLEN HUNTINGFORD of the Board BAY À-- R TON Member of the Board PORT LUDLOW 1/ lÔ.ili.iI MAP IŒY lntethn Urban Gr, owth D' , ' Area Boundary . SCALE: 1" = 8000' SHINE I vm- 20 ~AGr 69 '-,- '-"'-"""""-"" .--.--.....- u ATTACHMENT B JEFFERSON COUNTY, WAs INTERIM URBAN GROWTH AREA CITY OF PORT TOWNSEND Of J\J Þ-~ 1.)¥. f\JCÞ- ~ N PORT TOWNSEND 1/ BAY VOL 20 fAr,> 70 ?OYTT o~ MAP KEY , Inter.im Urba n Gr~ t h O. Area Boundary SCALE_';""".L",,;:,2000' ",.' .', . ..'..'" .. PORT TOWNSEND APPROVED and CERTIFIED J~ this --/.'11-- day of -;:r~~_. 1991-- ~fl41 BL<2.f;I~RD WOJT ~ of the Board ArrT ACHMENT c JEFFERSON COUNTY, WA. INTERIM URBAN GROWTH AREA TRI = AREA ---- PORT TOWNSEND BAY IRONDALE APPROVED and CERTIFIED ~ this __1_0_- day of .---..-/- Bf~ti.A£m WOJT "-6' 'h'£!if- GLE!~;NGFORD . Member of the Board ~v~ R INTON" Member of the Board I ¡ ð~a~~J~ LORNA DELANEY Clerk of the Board î- MAP KEY , Interim Urban Growth D I Area Boundary SCALE: 1" = 2000' II I .._---- ODD 000 ODD 20 W¡ 71 ~ ~ z ~ :E ::r:; u ~ ~ b ~ .{' JEFFERSON COUNTY, WA. INTERIM URBAN GROWTH AREA PORT LUDLOW -To ~ N DETAIL APPROVED and CERTIFIED 9\.. this _.ltL_=- day of --~~~ 199{- ~MI RICHARD WOJT /' ~of the Board ÅL~~ GLEN HUNTINGFORD ~~OO'd RT TON Mem " of the Boo,' A nEST, - d~CL~~Q~ LORNA DELANEY Clerk of the Board .1 MAP KEY Interim U,O,n G,owth I I Area Boundary SCALE: 1" = 2000' 20.XII.93 ,; C\J r- :;;" ..-. c C\J is :> ATTACHMENT liE" INTERIM PUBLIC LEVEL OF SERVICE STANDARDS These service standards are adopted pursuant to policy 1.7 of the CWPP requiring interim level of service standards for urban growth area planning. They are adopted as guides to the planning process and will be refmed as numerical standards in the process of amending the Comprehensive Plan. The aff~t of these policies on development density is shown at the bottom of the table. PUBLIC SERVICE Pam Neighborhood Parks Pcdc:atrianlbike Accomodotioo built along highways & artenab built along collectora built along residential streets Public Roads (ICG I below) gravel surface paved surface street lighting street clCJl1ling Public Safety - fircfEMT/police Response time Sewage Treatment (ace 2 below) On-Site septic Commun.ity Drainfield Sanitary Sewer Solid Waatc eollectioo Drop box only Curbside collection Slormwaler Syatcm (ace 3 below) On-site infiltration Regional facilities Transit Service Regionalacrvice Hourly service Water Supply (ace 2 below) Individual water systems Public Water System RURAL CENTER allowed allowed conditional conditional allowed allowed conditional not allowed good allowed allowed not allowed allowed conditional allowed conditional allowed not allowed allowed allowed RESOURCE LANDS not allowed not allowed not allowed not allowed allowed conditional conditional not allowed fair // I ,\ . >,.,. '., allowed conditional not allowed allowed not allowed conditional not allowed t1 not allowed not allowed allowed not allowed IlmitiS acre DENSITY more than I un.it/acre . limit/acre limit/acre . Key: 'UGA ': Port Townsend and any designated Urban Growth Area. 'RURAL CENTER': unincorporated communities designated in the revised comprehensive plan, such as Brinnon, Clearwater, Gardiner, and Qui! 'RURAL LANDS': those areas not otherwise categorized herein that could be developed to rural densitics consistent with the Comprehensive Plan (until amended). 'RESOURCE LANDS': any area designated 'Resource' in the current or reviscå Comprehensive Plan. .allowed': pennitted and will be evaluated in the Comprehensive Plan Capital Facilities clement. 'provisional': allowed only until urban services are available, may require special design features or agreements. .conditional': prohibited except in special cases (scc 2 below). 'not allowed': prohibited unless to mitigate a proven threat to public health and safety. (I): road standards are bascå on predicted traffic volwne using Federal functional road clas8Cs. (2): higher mndard. may 1><: required in Critical Areas or to mitigate proven threats to public hcalth & safcty, (3): as ncWcd to comply with other County ordinances and the DOE Stonnwaler Manual VOL (4): designed in conformance with standards of the Coordinated Waler System Plan. 20 rAG~ 68