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STATE OF WASHINGTON
county of Jefferson
IN THE MATTER OF an amendment to
Ordinance No. 15-1028-94 to designate
a Port Ludlow Interim Urban Growth
Area pursuant to RCW 36.70A.I10.
)
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ORDINANCE No. 01-0117-95
The Jefferson County Board of Commissioners enters the
following findings:
1. On October 28, 1994, Ordinance No. 15-1028-94 was
adopted designating the City of Port Townsend as an interim urban
growth area and establishing rural densities throughout Jefferson
County ("the Ordinance").
2. Pursuant to the Ordinance, the Port Ludlow area was
designated as a "Special Study Area" for possible designation as an
interim urban growth area. The results of the study have been
presented to the Commissioners for consideration and evaluation.
The area to be designated as the Port Ludlow interim urban growth
area ("Port Ludlow IUGA") exhibits the characteristics specified in
36.70A.110 RCW and WAC 365-195-335 for such designation.
3. Based upon data within the County's adopted 1993
programmatic final environmental impact statement for the Port
Ludlow area ("1993 FEIS") containing therein the Port Ludlow Master
Plan, and other information of public record, it appears that the
Port Ludlow IUGA is already characterized by urban growth and has
existing public facility and service capacities to serve the
projected population growth within its boundaries.
A. Existing densities within the boundaries of the Port
Ludlow IUGA are generally urban densities. While the approximately
1,340 residential lots allow an average density of two dwelling
uni ts per gross acre, the density of several neighborhoods is
notably higher. Three separate condominium developments have also
been completed and 206 units are currently in private ownership.
B. 345 building permits for single family residences
were issued for the Port Ludlow area over the period 1990-1994,
making it one of the fastest growing areas of Jefferson County.
C.
of
five
(5)
November
total
of
As
29,
1994
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subdivision applications, proposing the creation ~f 26~ residential
lots in the Port Ludlow area, were vested or pendlng flnal approval
with Jefferson County.
D. The estimated population currently residing within
the port Ludlow IUGA is 1,180.
E. statistical data within the 1993 FEIS indicates the
Port Ludlow IUGA has sufficient existing facility and service
capacities to serve the projected population growth within its
boundaries. This information includes, but is not limited to, the
following:
(i).
WATER:
(a) The Ludlow Water Company (LWC) is a wholly
owned subsidiary of Pope Resources Inc. The LWC system is composed
of several components, including groundwater source, storage,
transmission and distribution. Each element has been planned with
the long range goal of service to all currently platted lots, plus
future development as contemplated in the 1993 FEIS. using an
average water consumption figure of 160 gallons per household/day
(as approved by the Washington state Department of Health in the
Port Ludlow Comprehensive Water System Plan) and an average of two
persons per dwelling unit, the system will accommodate a population
of at least 4,436.
(b) LWC utilizes entirely groundwater as its
source of supply. Several studies have been performed through the
years to identify an adequate supply to meet the current and future
needs of the community. These studies by professional hydrologists
have led to the development of the five active and two standby
wells currently in use. These wells, which draw from three
distinct aquifers, have been granted water rights by the Washington
Department of Ecology (DOE) totalling 465 acre feet annually.
(c) The January 1993 study by Robinson and
Noble, Inc., consulting groundwater hydrologists, concluded that
sufficient groundwater resources are available to meet the needs of
Port Ludlow. This study was accepted by Jefferson County in April
1993 as part of the Final Environmental Impact Statement on the
Port Ludlow Development Program. A review report produced in
November, 1994, by the utilities Committee of Port Ludlow (part of
the Committee of Ludlow Owners Associations (CLOA» found that
water supply is adequate for the present Port Ludlow build-out
plan.
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(d) Water for the maintenance and upkeep of
the Port Ludlow Golf Course is drawn from a water right from Ludlow
Creek. Approximately 60% of this water right is currently being
used.
(e) A full well monitoring system is in place
to provide responsible government agencies with contemporary
information on the condition of the south aquifer. The monitoring
system includes a total of seventeen wells covering the entire
south aquifer area. Wells included in the monitoring system are not
limited to those in the ownership of pope Resources Inc.
(f) Water quality is ensured through routine
sampling and analysis in accordance with Washington Department of
Health (DOH) guidelines.
(g) Four ground-level steel reservoirs with a
total capacity of 895,000 gallons are utilized by LWC. The
reservoirs presently meet DOH requirements for: 1) standby storage
- to ensure adequate water supply exists during power failures or
pump outages, 2) equaliz ing storage - to provide a suff icient
quantity of water during periods of extremely high demand and 3)
fire flow storage - to provide an adequate volume of water to fight
fires.
(h) The transmission and distribution system
consists of over 19 miles of pipe ranging from four to ten inches
in diameter. Related hardware such as pressure reducing valves,
shutoff valves and air eliminators are installed at appropriate
points in the system. In addition, 135 fire hydrants are installed
throughout the system in accordance with specifications of DOH,
Jefferson County and Fire District #3, which provides both
emergency medical and fire prevention/suppression to the Port
Ludlow community. Facilities are currently in place to serve all
platted residential lots, the "Inn at Ludlow Bay", resort
facilities and various commercial and recreational buildings.
(i) Professional operation and maintenance of
the LWC system is performed by three full time state licensed
personnel. Maintenance procedures are scheduled and performed in
accordance with applicable regulations of DOH and Washington
utilities and Transportation Commission (WUTC). Twenty-four hour
phone contact for emergencies is provided by agreement with the
Jefferson County Sheriff Office.
ii.
SEWER:
(a) The sewer system that serves the Port
Ludlow community has been in existence for over 25 years and is
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wholly owned by pope Resources. Main system components consist of
the collection system and wastewater treatment plant.
planned and
platted lots
persons per
an estimated
(b) All elements have been
systematically constructed for service to currently
plus future development. At an average of two
residential unit, the system will ultimately serve
population of at least 4,232.
(c) The collection system consists of over 20
miles of piping, access manholes and 10 remote pumping stations.
All facilities are constructed in accordance with accepted
engineering practices and washington Department of Ecology
criteria.
(d) The major pump stations are equipped with
on-site emergency telemetry, transmitting to an alarm panel at the
wastewater treatment plant. The alarm panel is equipped with an
auto-dialer to notify operators of emergencies during off hours.
In addi tion, the stations are equipped wi th portable standby
generator connections for operation during power outages.
(e) The collection system as currently
constructed is capable of serving all platted lots developed with
sewers in addition to the "Inn at Ludlow Bay", resort facilities
and various commercial and recreational buildings within the Port
Ludlow IUGA.
(f) The existing wastewater treatment plant was
put into operation in 1989 and was an upgrade of the original plant
constructed in 1968. It is an "extended aeration activate sludge"
process, which provides "secondary" level of treatment and will
ultimately treat 640,000 gallons of wastewater per day.
iii.
STORMWATER
(a) Stormwater is conveyed and treated by
various means within the Port Ludlow IUGA, ultimately discharging
to Port Ludlow Bay at several outfall points.
(b) In the North Bay community, stormwater is
generally conveyed through open ditches and outfalls directly to
theoBay without further treatment. The new development areas employ
englneered stormwater systems. In these systems, collection and
conveyance is accomplished with catch basins and a combination of
open ditches and pipelines. These are followed by oil-water
separators and detention ponds which remove sediments, metals and
other pollutants prior to discharge.
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(c) Design and constructio~ of new s¥stems
employ the Best Management Practices as set forth ln the Washlngton
state Department of Ecology (DOE) storm Water Management Manual.
(d) "Non-point" (stormwater) monitoring is
conducted by consulting scientists in conjunction with land
development activities to assess potential impacts of stormwater
discharge to the Bay. Annual reports are submitted to Jefferson
County. This monitoring, along with the wastewater treatment plant
monitoring program provides Pope Resources, citizens, ~nd
regulatory agencies with a comprehensive picture of water quallty
throughout Port Ludlow Bay.
iv.
OTHER URBAN SERVICES
Other urban services within the Port Ludlow IUGA include a
scheduled and unscheduled public transit system, a recreational
vehicle park, a 285 slip marina, a 27 hole golf course and resort
complex, a restaurant, an Inn, a commercial center that includes
legal and post office services (in addition to retail stores), and
two private recreation centers serving residents.
4. The Jefferson County Auditor's Office data indicates that
approximately 12% of the assessed value of land and improvements
within Jefferson County lies within the Port Ludlow fire district.
5. Based upon the Jefferson County / ci ty of Port Townsend
County-Wide Planning Policy (Policy No. 1.2), the growth management
planning population projection made for the County by the
Washington Office of Financial Management ("OFM"), and the Draft
population Forecast for Jefferson County and Port Townsend produced
by the Watterson West Group in August, 1994, the population of the
Port Ludlow area is projected to grow by 2,335 people over the
period 1994 - 2012 and 2,703 people over the period 1994 - 2014.
Given the above policies and projections, it is apparent that
designation of the Port Ludlow IUGA, and the allocation of 2,500
people in projected growth, is necessary to provide adequate area
and densities sufficient to permit the urban growth that is
projected to occur in the County for the succeeding 20 year period.
6. The 1993 FEIS identified existing facilities, open space
and greenbelt tracts within the Port Ludlow rUGA including, but not
limited to, the Port Ludlow Golf Course, which is a 27 hole public
course, a marina, a pedestrian and bicycle trail system, beaches,
numerous community playgrounds, tidelands, parks, tennis courts and
significant recreational facilities associated with two local
community centers. There are approximately 815 acres designated as
permanent open space, including environmentally sensitive and
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critical areas, such as steep slopes, stream corridors, salt water
shorelines, wetlands and wildlife habitat.
7. Any lands within the Port Ludlow IUGA meeting the criteria
for designation as critical areas under the Jefferson County
Interim critical Areas Ordinance (Ordinance No. 05-0509-94, as
amended), shall also be protected under the provisions of the
Jefferson County Interim critical Areas Ordinance. These
protections being applied upon receipt of a triggering application
for a lot or parcel that contains a regulated critical area.
8. Designation of the Port Ludlow IUGA should have no
significant negative impact upon the availability of affordable
housing within Jefferson County. Further evaluation of this issue
will be undertaken County-wide in the Comprehensive Plan housing
analysis prior to final urban growth area designation.
9. Based upon the data contained in the 1993 FEIS, the Board
finds that the Port Ludlow interim urban growth area will be able
to accommodate the projected population growth within the capacity
of available natural resources and without environmental
degradation.
10. The 1993 FEIS concludes that the average number of
persons in a household within the Port Ludlow area is approximately
2.0. Of the existing 1,340 lots in the Port Ludlow IUGA,
approximately 695 lots are currently undeveloped. utilizing the
assigned population growth for the area of 2,500, and considering
the average number of persons in a household, there is a need for
at least an additional 555 lots in the Port Ludlow IUGA to
accommodate the projected growth during the next 20 years.
11. Following proper advance notice being provided through a
legal advertisement in the 'Port Townsend/Jefferson County Leader',
the Board of County Commissioners held a public hearing on Monday,
January 9, 1995 to receive testimony on the proposed designation of
Port Ludlow as an Interim Urban Growth Area, together with the
proposed language of the draft ordinance. Approximately one hundred
(100) people attended the public hearing and both verbal and
written testimony was presented for consideration by the Board.
12. The Board of County Commissioners held a workshop for the
review of testimony received at the January 9 public hearing on
January 11, 1995. This workshop was conducted as part of the
Board's regularly scheduled business for the week January 9, 1995.
13. The geographic area encompassed within the Port Ludlow
IUGA, and designated on the Port Ludlow IUGA map attached hereto as
Attachment B, best approximates the amount of land necessary to
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accommodate the projected growth. In reaching this conclusion, the
Board considered, among other information, the projected population
growth, existing demographics, densities, lots and traffic
patterns.
14. The designation of the Port Ludlow IUGA will be consistent
with and promote the goals of GMA and the County-Wide Planning
policies, especially Policy No.1, that encourages consideration of
the Port Ludlow area as "characterized by urban growth" for
designation of UGAs.
NOW THEREFORE BE IT ORDAINED by the Jefferson County Board of
commissioners that Ordinance No. 15-1028-94 be amended as follows:
SECTION 1. 00
Designation of Interim Urban Growth Areas.
1.10 Interim Urban Growth Areas: For the purpose of this
Ordinance, pursuant to RCW 36.70A.110, the city limit boundary of
the City of Port Townsend is hereby established as the Port
Townsend Interim Urban Growth Area (Port Townsend IUGA), the
boundary of which is graphically portrayed on Attachment "A"i and
the Port Ludlow Interim Urban Growth Area (Port Ludlow IUGA) is
hereby established, the boundary of which is graphically portrayed
on Attachment "B" (collectively sometimes referred to as "IUGAs").
SECTION 2.00
Urban population Allocation.
2.10
population Reserve Created:
Deleted.
2.20 IUGA Urban population Allocation. Pursuant to county-Wide
Planning Policy No. 1(2), the Port Ludlow IUGA is hereby allocated
2,500 of the projected urban population, and all of the remaining
urban population is hereby allocated to the Port Townsend IUGA.
2.30
Port Ludlow Reserve.
Deleted.
SECTION 3.00 special Study Areas.
3.20
Port Ludlow Area.
Deleted.
section 9.00 Development
Unincorporated Areas
Densities
within
and
Lot
Area
9.10 Port Ludlow Interim Urban Growth Area:
9.11 All new developments occurring within the boundary of the Port
Ludlow Interim Urban Growth Area established by this ordinance
shall conform to the detailed map attached hereto as Attachment D,
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which is incorporated herein by reference. A clarification of
Attachment C, Attachment D designates and shall govern the
boundaries of and the allowed densities within the Port Ludlow
Interim Urban Growth Area, Provided That: Attachment D's
identification of commercial zones is intended for reference
purposes onlYi commercial development shall continue to be
controlled by the Jefferson County zoning Code (Ordinance No. 09-
0801-94) .
9.12.1 Attachment D, as attested by the signatures thereupon of
the county Commissioners and the Clerk of the Board and by the Seal
of the County thereupon, shall be kept on file in the office of the
zoning administrator and shall be available for public inspection
and reference until it is replaced by an identical but enlarged
Attachment Dl. within 30 days of adoption of this Ordinance, the
Jefferson County Planning Department shall produce a large scale
and precisely detailed duplicate of Attachment D, which shall be
designated as Attachment D1 and which shall, when ratified as a
duplicate of Attachment D, replace Attachment D, and shall
therefore govern boundaries and allowed densities as set forth in
section 9.11 of this ordinance. Attachment Dl shall be kept on file
in the office of the zoning administrator, and be available for
public inspection and reference.
9.12.2 Where uncertainty exists as to the boundaries of the Port
Ludlow Interim Urban Growth Area or the extent of any single family
or multi-family development area, as portrayed by Attachment D, the
following rules shall applYi
1. Where boundaries are indicated as approximately following
the centerline of streets or alleys or lot lines, such lines
shall be construed to be such boundaries.
2 . Where one or more boundar ies intersect a lot, the
location of such boundary shall be determined by use of the
scale appearing on Attachment D. The respective portions of
the parcel shall be subject to the respective development area
except as provided in item (4) of this subsection.
3. Where a public street is officially vacated or abandoned,
the area comprising such vacated street or alley shall acquire
the classification of the property to which it reverts.
4. Wherever a line depicting the extent of a development
area passes through a lot of record which existed prior to the
passage of this ordinance, the entire lot of record may be
used in accordance with the provisions of the least
restrictive of the development areas. For the purpose of this
interpretation, the development areas are described as follows
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(least restrictive to most restrictive): Multi-Family, Single
Family.
5. The location of a line which designates multi-family
development areas, single family development areas, or the
Port Ludlow IUGA boundary, and which passes through unplatted
property, shall be determined by the Zoning Administrator.
SECTION 13.00 Effective Date.
13.10 Effective Date. This Ordinance shall be effective at 4:00
P.M. on the 17th day of January, 1995.
SECTION 14.00
Adoption.
Adopted by the Jefferson county Board of
17th day of January, 1995.
JEFFERSON COUNTY BOARD OF
COMMISSIONERS
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ATTEST:
David Skeen, Jefferson County
prosecuting Attorney
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JEFFERSON COUNTY, W A.
INTERIM URBAN GROWTH AREA
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LEGEND:
0
SF..._..__SINGLE-FAMIL Y (Residential density
not to exceed 4 dwelling units/gross acre)
MF._......MUL Tl-FAMIL Y (Residential density not
to exceed 16 dwelling units per gross acre)
COMIC _.COMMERCIAL
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2.1. rH: 124
JEFFERSON COUNTY, WA
APPROVED and CERTIFIED
this 1L day of
Jq.;
,1995
SIGNED,
~d-.
GLEN HUNTIN
Chair of the Board
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ATIEST,
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PORT LUDLOW
INTERUM URBAN GROwm AREA
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ATTACHMENT D1
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scale: 1" = 2000'
PORT LUDLOW
- - I.U.G.A.. Boundary
Interim Urban Growth Area
II1II Single Family
(Max. 4 dwelling units per gross acre)
-- FOR INFORMATIONAL PURPOSES ONLY --
SUBJECT TO REVISION
February 13. 1994 (rev) JEFFERSON I,D, M, S,
- Multl-Femlly
(Max. 16 dwelling units per gross acre)
- Commercial Zone
APPROVED and CERTI~
LJLA-~
GLEN HUNTINGF
Chair of the Board
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r the Board Member of the Board
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LORNA DELANEY
Clerk of the Board
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PORT LUDLOW
Multi-Family
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Iwax, 16 dwelhno units per ,r05. acre}
INTERIM URBAN GROWTH AREA
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Commercial Zone
SUBJECT TO REVISION
Map date: January 31, 1995 (rev)
I.U.G.A.. Boundary
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David Skeen
JEFFERSON COUNTY PROSECUTING ATIORNEY
Courthouse - PoOo Box 1220
Port Townsend, Washington 98368
Telephone (360) 385-9180 FAX (360) 385-0073
Walter Ho Perry, Deputy
Juelie Dalzell, Deputy
Richard Suryan, Deputy
Paul McIlrath, Deputy
MEMORANDUM
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FROM:
James Holland, Senior Planner
Paul E. McIlrath Attorne~
Deputy prosecuting ~
TO:
DATE:
February 10, 1995
RE:
Port Ludlow UGA:
Loomis Application
Yesterday, you asked that I attend a meeting with Mr. Bert Loomis,
yourself, Kent Anderson, and Walt Perry, at which the issue of Mr.
Loomis' potential density for his 1.4 acre property at Port Ludlow
was discussed. Kent Anderson advised Mr. Loomis that under
Jefferson County law, Multi-Family structures would be permitted in
a commercial zone pursuant to Table No.6. 00 of the Jefferson
County Zoning ordinance, and that Attachment D of the Port Ludlow
UGA specified a maximum density for Multi-Family structures to be
sixteen units per acre. Thus, the county would allow an
application for a total of twenty-two units on the Loomis property.
You did make a distinction between apartments and condominiums, as
it was planning's position that condominium density would be
determined as one unit per each 5,000 square foot parcel.
These findings were presented to Mr. Loomis and he was advised that
planning would be presenting this position, in writing, to our
department for review and transmittal to Mr. Loomis' attorney.
Prior to this meeting, Walt and I had met with both you and Kent
Anderson to clarify the county's position in this matter. You were
quite clear that Jefferson County's law supported this position,
and that county legislative processes would need to be pursued to
effect a contrary result. Now, I understand that you have changed
your mind and that your department will make an Administrative
decision to recommend four units per acre, not the sixteen units
which you had yesterday advised Mr. Loomis was allowed under
Jefferson County law. You have not advised us of the legal basis
for this shift in your position, and without further legal support
we must advise you that an arbitrary change in your department's
position, without a legal basis, could subject the county to a
"I'P
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Page Two
James Holland
Feruary 10, 1995
civil lawsuit for damages and other relief and an adverse judicial
ruling should Mr. Loomis choose to appeal your determination.
Our office will be unable to defend any decision which cannot be
supported under the law. We would thus advise you against
proceeding with a course of action that is not supportable under an
applicable Jefferson County ordinance.
PEM/mm
cc:
Gary Rowe
David Goldsmith
Board of County Commissioners
Kent Anderson