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STATE OF WASHINGTON
County of Jefferson
In the Matter of an Ordinance to
Provide the Regions of the County
Known as Black Point and Camp
Parsons with Underlying Land Use
Designations Pursuant to the
Growth Management Act and the
County's 1998 Comprehensive
Plan
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ORDINANCE NO. 02-0521-01
Findings of Fact
1. A Petition For Review (or "PFR") was filed in May 2000 by three unincorporated
citizen groups, the Olympic Environmental Council, People for a Livable
Community and People for a Rural Quimper, that challenged among other items,
the underlying land use designations provided to certain real property located in
Jefferson County AND the process used to give the real estate in question those
underlying land use designations.
2. With respect to a portion of unincorporated Jefferson County commonly known
as Black Point, which is more specifically described below, the County's decision
to use the "mapping error" process laid out in the County's Comprehensive Plan
to redesignate Black Point as rural residential, 1 dwelling unit per 10 acres (or
"RR 1: 1 0") rather than retain Black Point's original designation in the
Comprehensive Plan of "Parks, Preserves & Recreation" (or "PP & R") was
challenged as part of the May 2000 PFR.
3, The redesignation of Black Point from PP & R to RR 1: 10 was challenged in the
May 2000 PFR on both procedural and substantive grounds.
4. The May 2000 PFR alleged that the "mapping error" process outlined in the
Comprehensive Plan should not have been used to redesignate Black Point
because utilization of the "mapping error" process served to severely limit any
possibility that the public could comment and analyze on the proposed
redesignation of Black Point.
5. Such short-circuiting of the ability of the citizenry of this County to comment on
the proposed land use redesignation for Black Point was alleged by the May
2000 PFR to be in violation of the state law known as the Growth Management
Act (or "GMA") because it violated the GMA provision that called for "early and
continuous" participation by the citizens in any and all land use decisions.
6. The May 2000 PFR also alleged that Black Point's redesignation as RR 1: 1 0 was
based upon a County Ordinance that became invalid and inoperative when the
County enacted its Comprehensive Plan in 1998.
An ordinance related to the Camp Parsons
and Black Point areas
1
7. The Western Washington Growth Management Hearings Board (or
""WWGMHB") ruled in a Final Decision and Order (or "FDO") dated November
22, 2000 that the process that had seen Black Point move from a PP & R
designation to a RR 1: 1 0 designation had not provided sufficient public input
because it did not apply with the "public participation requirements of the act,"
according to page 9 of the FDO.
8. However, the substance of the redesignation, i.e., the decision that Black Point
would hold an underlying land use designation of RR 1: 1 0 was found to be in
compliance with the GMA requirement that a County such as this provide for a
"variety of rural densities," according to page 9 of the FDO.
9. These amendments were reviewed pursuant to the State Environmental Policy
Act (SEPA). A Determination of Significance and Adoption of Existing
Environmental Documents was issued on May 9, 2001.
10. In as much as this issue came before the Planning Commission and the Board of
County Commissioners as a remand from the Growth Management Hearings
Board, the criteria referenced in Unified Development Code (UDC) section
9.5.4(b) and section 9.7(b) and (c) do not apply.
11. The phrase "Black Point" is a shorthand or colloquial term for several distinct
parcels. The real property commonly known as "Black Point" is 191 acres in size
and is comprised of six discrete parcels. The parcels are a) 19 acres in size
(502153003), b) 40 acres in size (#502153002), c) 90 acres in size
(#502153023), d) 10 acres in size (#502153022), e) 10 acres in size
(#502153021), and f) 21 acres in size (#502153020). The nine-digit numbers in
parentheses are the Assessor's Parcel Numbers for each of the parcels.
12. Another region of the unincorporated County that was the target of the May 2000
PFR is also known as Camp Parsons, land owned by the Seattle Boy Scouts
Council.
13. With respect to a portion of unincorporated Jefferson County commonly known
as Camp Parsons, which is more specifically described below, the County's
decision to use the "mapping error" process laid out in the County's
Comprehensive Plan to redesignate Camp Parsons as rural residential, 1
dwelling unit per 20 acres (or "RR 1 :20") rather than retain Camp Parsons'
original designation in the Comprehensive Plan of "Parks, Preserves &
Recreation" (or "PP & R") was challenged as part of the May 2000 PFR.
14. All that was true of Black Point and the legal history described in Findings of Fact
#3 through #8 above for Black Point is and was equally true of Camp Parsons.
15. Camp Parsons is a shorthand or colloquial name for three parcels of real
property located in the unincorporated portion of Jefferson County that total some
220 acres. Camp Parsons is comprised of three discrete parcels: one is 110
acres in size (#602131002), another is 74 acres in size (#602131001), and the
third is some 36 acres in size (#602132001).
An ordinance related to the Camp Parsons
and Black Point areas
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16. The Seattle Boy Scouts Council owns other parcels that are considered part of
Camp Parsons but those parcels were not involved in the PFR of May 2000.
17. The decision of the WWGMHB that the public participation requirements of the
GMA had not been met with respect to Black Point and Camp Parsons required
that the Jefferson County Planning Commission review, consider and deliberate
what underlying land use designation was appropriate for those two regions of
the unincorporated County and then, after deliberations, send a written
recommendation in that regard to the elected County Commissioners.
18. Pursuant to RCW 36.70A.130(2)(b), RCW 36.70A140 and RCW
36.70A300(3)(b), Jefferson County undertook this amendment outside of the
annual amendment process in order to resolve this appeal before the Growth
Management Hearings Board.
19. This item relating to the land use designation of the real property located at Black
Point and Camp Parsons was formally brought before the Planning Commission
on January 17, 2001.
20. The Planning Commission held a discussion January 17 on these matters and
scheduled a Public Hearing to be held in Brinnon on Feb. 21, 2001.
21. The landowners in question, Chuck Finnila for Black Point and the Seattle Boy
Scouts Council for Camp Parsons, were told in writing of the November 2000
FDO issued by the WWGMHB and were also told in that same letter that as a
result of the FDO the land use designations for their respective properties was
going to be the subject of review and deliberation by the Jefferson County
Planning Commission and an eventual legislative decision by the elected
Jefferson County Commissioners.
22. The Public Hearing in Brinnon was advertised in the Jefferson County-Port
Townsend Leader. This Public Hearing scheduled to occur in Brinnon was also
the subject of news articles in the Peninsula Daily News and in the Leader.
23. The scheduled hearing to be held in Brinnon was canceled because of lack of a
quorum and rescheduled and renoticed for March 21, 2001.
24. The Planning Commission took public testimony on these amendments at a
public hearing held in Brinnon, Washington on March 21, 2001.
25. Attendees at the March 21, 2001 meeting were permitted to speak more than
once if they wished, as long as anyone wishing to speak was heard at least
once.
26. The Planning Commission then held a question and answer session with the
planning staff,
27. The Planning Commission held deliberations regarding what underlying land use
designation was and is appropriate for Camp Parsons and Black Point at
Planning Commission meetings held on April 4, 2001 and April 18, 2001. These
An ordinance related to the Camp Parsons
and Black Point areas
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meetings were the regularly scheduled meetings of the Jefferson County
Planning Commission.
28. The public record was open for both oral and written testimony from January 17,
2001 until April 18, 2001, a total of 92 days, or more than three months.
29. In part because the County's prior use of the "mapping error" process with
respect to Camp Parsons left Camp Parsons with an underlying land use
designation of RR 1 :20, the Planning Commission used LNP 3.3.3. (found at
Page 3-68 of the Comprehensive Plan) to examine and determine whether such
a rural residential designation was appropriate.
30. In comparing the Camp Parsons area to the criteria for designation listed at LNP
3.3.3, the Planning Commission determined that Camp Parsons is bordered to
the north by land designated as Commercial Forest, to the west by land
designated as Rural Residential 1 :20, to the south by Jackson Cove, and to the
east by parcels designated as Rural Residential 1 :5 and Rural Residential 1 :20.
31. But such factual determinations did not necessarily resolve the question of what
underlying land use designation should be given to Camp Parsons because there
was public testimony (as well as written comments) for and against the inclusion
of Camp Parsons in the RR 1 :20 zone.
32. For example, the Camp Parsons area is currently used and has historically been
used as a recreational Boy Scout camp. Significant public testimony and
testimony on the part of the landowner indicated the desire for Camp Parsons to
continue in its current use as a Boy Scout camp.
33. Many of those persons who did not want to see Camp Parsons be designated as
RR 1 :20 wanted to see Camp Parsons given an underlying designation of
"Private Parks Preserves & Recreation," also known as PPP & R.
34. The County's 1998 Comprehensive Plan devotes a section to Open Space and,
by way of example, encourages the multiple use of open space and wildlife
corridors (OSG 3.0, page 6-19) and speaks of "Park and Recreation" in OSG 4.0
(page 6-19) when it states the County should move towards the goal of
"develop[ing] and maintain[ing] park and recreational facilities that are responsive
to the needs and interests of Jefferson County residents and visitors."
35. However, this County's Comprehensive Plan does not distinguish between
privately-owned "Parks/Preserves" and publicly-owned "Parks/Preserves."
36. Therefore, while there is a designation on the Land Use Map that is part of the
County's 1998 Comprehensive Plan for "Parks, Preserves and Recreation," what
might be called the original PP & R, there is no designation anywhere in this
County's Comprehensive Plan or the recently-enacted Unified Development
Code for a PPP & R designation.
37. The absence of the PPP & R designation in the Unified Development Code
means that there is currently no listing of what might be a permitted, conditionally
permitted or prohibited use in such a zone found anywhere in any Jefferson
An ordinance related to the Camp Parsons
and Black Point areas
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County development regulation. The County legislators, i.e., the County
Commissioners could remedy this absence with one or more legislative
determinations to amend the Unified Development Code.
38. The Jefferson County Planning Commission, in early May 2001, provided to the
elected County Commissioners a written recommended land use designation of
"Private, Parks, Preserves and Recreation" for Camp Parsons, finding that such
an underlying land use designation is consistent with policy direction contained in
the Comprehensive Plan and, specifically, Open Space Goal (OSG) 4.0.
39. As part of that same written recommendation the Jefferson County Planning
Commission recommended that the County Commissioners not provide Camp
Parsons with an underlying land use designation of RR 1 :20.
40. The Planning Commission further recommended to the elected County
Commissioners that they instruct the County planning staff (via the County
Administrator) to prepare any required amendments that would be necessary to
provide designations or uses for "Private Parks Preserves and Recreation."
41. In part because the County's prior use of the "mapping error" process with
respect to the region known as Black Point left Black Point with an underlying
land use designation of RR 1: 1 0, the Planning Commission used LNP 3.3.2.
(found at Page 3-68 of the Comprehensive Plan) to examine and determine
whether such a rural residential designation was appropriate for that region.
42. While using the criteria found at LNP 3.3.2, the Planning Commission determined
that the Black Point area is bordered by State Route 101 on the northwest
corner, by land designated Rural Residential 1:5 and Hood Canal to the west, the
Hood Canal to the south, by land designated as Rural Residential 1 :20 to the
east and northeast, and land designated as Rural Residential 1:5 to the north
and northwest.
43. The Planning Commission also determined that more than one-half of the parcels
surrounding the "Black Point" properties are of 5 acres or less including adjacent
State-owned recreational property.
44. The Planning Commission heard public testimony both for and against the RR
1: 1 0 density and the RR 1 :20 density.
45. The Planning Commission concluded, upon its review and consideration of the
criteria listed in the County's Comprehensive Plan at LNP 3.3.2 for RR 1: 10 and
at LNP 3.3.3 for RR 1 :20 that the real property known as Black Point did fit the
criteria listed for RR 1: 1 0 and did not fit the criteria listed for RR 1 :20.
46. In concluding that Black Point does satisfy the criteria laid out in LNP 3.2 and
LNP 3.3.2 for RR 1: 1 0 as well as the parallel provisions of Section 3 of the
Unified Development Code, the Planning Commission forwarded to the elected
County Commissioners the following conclusions:
An ordinance related to the Camp Parsons
and Black Point areas
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· The real property known as Black Point provides a transitional area between land
designated RR 1 :20 and land designated Rural Residential One (1) [dwelling
unit] per Five (5) Acre ("RR 1 :5").
· Designating the real property known as Black Point at RR 1: 10 would preserve
open space and protect critical areas
· Designating the real property known as Black Point at RR 1: 10 would serve to
preserve the rural landscape and character indigenous to Jefferson County and
would stand in contrast to many of the nearby lots which have an underlying land
use designation of RR 1:5 but are, in reality, one acre or smaller in size.
· Since the WWGMHB stated, "We do not find that reliance on the densities in the
IGSO constituted failure to comply with the Act (GMA) as the resultant densities
are within the parameters of varieties of rural densities called for in Section .070
of the Act", the Commission was able to conclude [and did conclude] that
providing the real property known as Black Point with a RR 1: 1 0 is compliant with
the GMA goal of preserving a variety of rural densities and the language of this
County's Comprehensive Plan.
47. In concluding that the Black Point property does not satisfy the RR 1 :20
classification as defined in the UDC [at Section 3.1.2(a)(3)] and at
Comprehensive Plan Land Use Policy (LNP) 3.3.3, the Planning Commission
forwarded to the elected County Commissioners the following findings:
· While RR 1 :20 designations are useful to provide a buffer in areas adjacent to
UGA's, those facts do not apply to Black Point;
· While RR 1 :20 designations are useful to provide a buffer in areas adjacent to
lands designated as forest or agricultural lands of long term commercial
significance, such facts do not apply to Black Point;
· While RR 1 :20 designations are useful to protect areas identified as possessing
area-wide environmental features which constrain development such as
shoreline areas or areas of steep and unstable slopes, such factors do not apply
to Black Point, which has been developed with roads and utilities;
48. The Planning Commission informed the elected County Commissioners that the
previous owners logged the property clear several years ago.
49. The Planning Commission informed the elected County Commissioners that the
real property known as Black Point has extensive roads, water lines and power
lines.
50. The Planning Commission informed the elected County Commissioners that the
property has been used as a private commercial campground.
51. The Planning Commission informed the elected County Commissioners that
located on the Black Point real property is a place of public assembly (known as
the lodge) and adjacent swimming pool near the center of the property.
52. On April 18, 2001 the Planning Commission voted to recommend a land use
designation of "Rural Residential" with a land use density of one dwelling unit per
ten acres (RR 1: 1 0) for the Black Point area.
An ordinance related to the Camp Parsons
and Black Point areas
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53. Pursuant to the Planning Commission by-laws, a minority report dated May 7,
2001 was submitted by two members asserting that the RR 1: 1 0 density
attributed to Black Point did not accurately reflect the designation criteria in the
Comprehensive Plan. The minority report recommended retaining the "Parks,
Preserves, and Recreation" designation.
54. On May 14, 2001 the elected Board of County Commissioners received and
considered the recommendations of the Planning Commission in a workshop
session open to the public, although public comments were not taken.
55. The elected Board of County Commissioners for Jefferson County constitutes the
County legislature for Jefferson County.
56. The County legislature is the lawfully-elected entity charged with implementing
the Growth Management Act [Chapter 36.70A. RCW] through the adoption of a
Comprehensive Plan, as it may be amended, and development regulations to
implement that Plan and the state law.
57. The County legislature has gone through this process with respect to the regions
known as Camp Parsons and Black Point in order to comply with the November
2000 FDO of the WWGMHB.
58. The Jefferson County legislature acknowledges receipt of the recommendations
of the County Planning Commission and, because it accepts and concurs with
the recommendations of the Planning Commission, it need not, pursuant to RCW
36.70.440, hold a second and distinct public hearing with respect to the proposed
Comprehensive Plan amendments for Black Point and Camp Parsons.
59. The County legislature finds that the land use designations to be applied to
"Black Point" and "Camp Parsons," described below, comply with the State
Growth Management Act, codified at Chapter 36.70 RCW.
60. The County legislature finds that the two land use designations to be applied to
"Black Point" and "Camp Parsons," described below, comply with the Jefferson
County Comprehensive Plan.
61. The County legislature finds that the process that led to the formal adoption of
these land use designations for "Black Point" and "Camp Parsons," as described
below, has been subject to the proper "early and continuous" participation by the
citizens of this County as is required by the Growth Management Act.
62. The Department of Community Development is directed to forward this
Ordinance to the state agency known as the Office of Community Development
as is required by the Growth Management Act.
63. Enactment of this Ordinance promotes the health, safety and welfare of the
citizens of Jefferson County.
NOW, THEREFORE, BE IT ORDAINED by the Jefferson County Board of
County Commissioners as follows:
1, The Land Use Map that is part of the County 1998 Comprehensive Plan shall be
and hereby is amended to reflect the fact that the real property colloquially and
informally known as "Black Point" [as described elsewhere in this Ordinance] be
An ordinance related to the Camp Parsons
and Black Point areas
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given an underlying land use designation of rural residential 1 dwelling unit per
10 acres, also known as RR 1: 10.
2, Any prior actions of the Jefferson County legislature that provided a different
underlying land use designation for the real property colloquially known as "Black
Point" are hereby revoked, repealed and nullified by this legislative action.
3. The Land Use Map that is part of the County 1998 Comprehensive Plan shall be
and hereby is amended to reflect the fact that the real property colloquially and
informally known as "Camp Parsons" [as described elsewhere in this Ordinance]
shall be provided with an underlying land use designation known as "Private
Parks, Preserves & Recreation," or "PPP & R," a land use designation neither
specifically prohibited nor specifically permitted by the County's 1998
Comprehensive Plan.
4. Any prior actions of the Jefferson County legislature that provided a different
underlying land use designation for the real property colloquially known as
"Camp Parsons" are hereby revoked, repealed and nullified by this legislative
action.
Ado~ted b~ the Board _of Commissioners for Jefferson County, Washington, in regular
seSSion, this r:ll ~ day of May, 2001.
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BOARD OF COMMISSIONERS
JEFFERSON COUNTY, WASHINGTON
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ATTEST:
APPROVED AS TO LEGAL FORM:
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David Alvarez, Chief Civil De y Prosecuting Attorney
An ordinance related to the Camp Parsons
and Black Point areas
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