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HomeMy WebLinkAbout2006_CPA_staff_rpt_2 2006 COMPREHENSIVE P2006 COMPREHENSIVE P2006 COMPREHENSIVE P2006 COMPREHENSIVE PLANLANLANLAN AMENDMENT DOCKETAMENDMENT DOCKETAMENDMENT DOCKETAMENDMENT DOCKET DEPARTMENT OF COMMUNDEPARTMENT OF COMMUNDEPARTMENT OF COMMUNDEPARTMENT OF COMMUNITY DEVELOPMENT ITY DEVELOPMENT ITY DEVELOPMENT ITY DEVELOPMENT STAFF REPORT AND SEPSTAFF REPORT AND SEPSTAFF REPORT AND SEPSTAFF REPORT AND SEPA ADDENDUMA ADDENDUMA ADDENDUMA ADDENDUM JEFFERSON COUNTY, WAJEFFERSON COUNTY, WAJEFFERSON COUNTY, WAJEFFERSON COUNTY, WASHINGTONSHINGTONSHINGTONSHINGTON Preliminary Staff Recommendation with Environmental Analysis for the Adoption of Amendments to the Jefferson County Comprehensive Plan JULY 19JULY 19JULY 19JULY 19, 2006, 2006, 2006, 2006 INTEGRATED GROWTH MANAGEMENT ACT/ STATE ENVIRONMENTAL POLICY ACT DOCUMENT Environmental Review of a Non-Project Action: Addendum to Existing Environmental Documents Principal Contributors/AuthorsPrincipal Contributors/AuthorsPrincipal Contributors/AuthorsPrincipal Contributors/Authors Department ofDepartment ofDepartment ofDepartment of Community DevelopmentCommunity DevelopmentCommunity DevelopmentCommunity Development LongLongLongLong----Range PlanningRange PlanningRange PlanningRange Planning Al Scalf, Director of Community Development Josh D. Peters, AICP, Senior Planner Rachel McHugh, Assistant Planner Brent Butler, Assistant Planner Technical ContributorsTechnical ContributorsTechnical ContributorsTechnical Contributors Department of Central ServicesDepartment of Central ServicesDepartment of Central ServicesDepartment of Central Services Doug Noltemeier, GIS Analyst Logistical ContributorsLogistical ContributorsLogistical ContributorsLogistical Contributors Department of Community DevelopmentDepartment of Community DevelopmentDepartment of Community DevelopmentDepartment of Community Development Cheryl Halvorson, Planning Commission Secretary and GMA Archivist Rose Ann Carroll, Office Administrator ii Table of Contents Page 1 Environmental Summary and Fact Sheet ........................................................................................ 1-1 1.1 Fact Sheet .................................................................................................................................... 1-1 1.2 Environmental Summary ............................................................................................................. 1-4 1.2.1 Introduction and Process ...................................................................................................... 1-4 1.2.1.1 Adoption of Existing Environmental Documents ............................................................ 1-4 1.2.1.2 Incorporation of Documents by Reference ...................................................................... 1-4 1.2.1.3 Level of Environmental Analysis ..................................................................................... 1-5 1.2.1.4 Process and Public Involvement ...................................................................................... 1-5 1.2.2 Major Conclusions ............................................................................................................... 1-7 1.2.2.1 Summary Matrix of Impacts and Mitigation Measures .................................................... 1-7 1.2.2.2 Comparison of Current and Proposed Land Use District Designations ........................... 1-8 1.2.2.3 Significant Unavoidable Adverse Impacts ..................................................................... 1-10 1.2.3 Significant Areas of Controversy and Uncertainty............................................................. 1-10 1.2.4 Issues to Be Resolved ........................................................................................................ 1-11 1.2.4.1 Environmental Choices to Be Made .............................................................................. 1-11 1.2.4.2 Effectiveness of Mitigation Measures ............................................................................ 1-11 1.2.4.3 Main Options to Be Preserved or Foreclosed by the Action .......................................... 1-13 2 Concise Analysis of the Proposals .................................................................................................... 2-1 2.1 Overview ..................................................................................................................................... 2-1 2.1.1 Staff Reports, Cumulative Analysis, and Staff Recommendations ...................................... 2-1 2.1.2 Growth Management Indicators ........................................................................................... 2-1 2.2 Final Docket ................................................................................................................................ 2-4 2.2.1 Staff Recommendation Summary ........................................................................................ 2-4 2.3 Staff Reports: Site-Specific Amendments .................................................................................... 2-5 2.3.1 Requests for Change of Rural Residential Density (2) ........................................................ 2-5 2.3.1.1 Reference Number: MLA06-01 (Bell) ............................................................................. 2-6 2.3.1.2 Reference Number: MLA06-74 (Austin) ......................................................................... 2-8 2.3.1.3 Cumulative Analysis of Requests for Change of Residential Density ............................ 2-11 2.3.2 Request for Change from AEPF to Rural Residential ........................................................ 2-11 2.3.2.1 Reference Number: MLA06-85 (Port of Port Townsend) ............................................. 2-11 2.3.2.2 Cumulative Analysis of Requests for Change from Airport Essential Public Facilities to Rural Residential ........................................................................................................................... 2-14 2.3.3 Requests for Change from Rural Residential Designation to Rural Commercial ............... 2-14 2.3.3.1 Reference Number: MLA06-77 (Brown & DCD) ......................................................... 2-16 2.3.3.2 Cumulative Analysis of Requests for Change from Rural Residential Designation to Rural Commercial ................................................................................................................................... 2-18 iii 3 Supporting Record, Analyses, and Materials .................................................................................. 3-1 4 Distribution List ................................................................................................................................. 4-1 5 Appendices ......................................................................................................................................... 5-1 5.1 Item 1: Legal Notice (July 17, 2006) ........................................................................................... 5-2 5.2 Item 2: MLA06-01 Bell ............................................................................................................... 5-5 5.3 Item 3: MLA06-74 Austin ........................................................................................................... 5-6 5.4 Item 4: MLA06-77 Brown and dcd ............................................................................................. 5-7 5.5 Item 5: MLA06-85 Port of Port Townsend .................................................................................. 5-8 1-1 1 Environmental Summary and Fact Sheet 1.1 FACT SHEET Title and Description of Proposed Action Pursuant to the Washington State Growth Management Act (GMA), the Jefferson County Board of County Commissioners (BoCC) is considering adoption of five (5) individual amendment proposals to the 1998 Jefferson County Comprehensive Plan. Five site-specific amendment proposals, one of which is a Master Plan Resort (MPR) proposal, compose the 2006 Comprehensive Plan Amendment Docket, which is the “Final Docket” for this year’s annual amendment cycle.1 This document is a combined Staff Report and State Environmental Policy Act (SEPA) Addendum for four of the five site-specific proposed amendments. The fifth proposed amendment, the MPR, will be analyzed in an Environmental Impact Statement (EIS) anticipated for release in August. The objective is to analyze the proposed amendments individually and cumulatively with regard to Comprehensive Plan amendment criteria outlined in Jefferson County Code (JCC) §18.45 and potential environmental impacts under SEPA. Adoption of Comprehensive Plan amendments is a non-project action under SEPA and is not intended to satisfy individual project action SEPA requirements (i.e., the environmental review needed for future land use or building permit applications). Following are brief descriptions of each of the four (4) proposed amendments to the Comprehensive Plan that are the subject of this notice. Each case has a Master Land Use Application (MLA) file number for reference: 2 Site-Specific Amendments: 1. MLA06-01; Bell; Discovery Rd.; 12:5 acres; RR 1:10 to 1:5. 2. MLA06-74; Austin; S. Jacob Miller Rd.; 30 acres; RR 1:20 to 1:5. 3. MLA06-77; Brown & DCD: Irondale Rd.; 0.72 acres; RR to Convenience Crossroads. 4. MLA06-85; Port or Port Townsend; Airport; 2.5 acres; AEPF to RR. Proponent The Jefferson County Board of County Commissioners (BoCC) on behalf of the applicants for the four site-specific 1 The 2006 Comprehensive Plan Amendment Docket was established by the Board of County Commissioners (BoCC) on May 22, 2006 following consideration of a Preliminary Docket containing 7 items. 2The fifth proposed amendment MLA06-87; Statesman & Black Point Properties; Brinnon; 252.64 acres; MPR will be analyzed be a separate EIS. 1-2 amendment proposals. Lead Agency Jefferson County Department of Community Development (DCD) Long-Range Planning 621 Sheridan Street Port Townsend WA 98368 SEPA Responsible Official: Stacie Hoskins, Development Services Manager DCD Development Review Division (360) 379-4463 Contact Person: Josh D. Peters, AICP, Senior Planner DCD Long-Range Planning (360) 379-4466 Authors and Principal Contributors Jefferson County Department of Community Development Long-Range Planning Date of Staff Report & SEPA Addendum Issuance July 19, 2006 Date Comments are Due Oral comments are welcome at the Planning Commission public hearing, 6:30 PM, Wednesday, August 2, 2006, at the WSU Community Learning Center in Hadlock. Written comments are accepted by DCD on behalf of the Planning Commission through the close of a public hearing on Wednesday, August 2, 2006. Past Related Actions and Future Anticipated Actions The Planning Commission will hold a public hearing at 6:30 PM, Wednesday, August 2, 2006, at the WSU Community Learning Center in Hadlock. The Planning Commission is scheduled to hold a public hearing on MLA06-87, the proposed MPR, at 6:30 PM, Wednesday, September, 20, 2006 at the Brinnon Community Center. In early November, DCD expects to transmit to the BoCC a final DCD Staff Recommendation together with the Planning Commission Recommendation for all proposals on the 2006 Comprehensive Plan Amendment Docket. Tentative Adoption Date A legislative decision from the BoCC on each of the 4 Comprehensive Plan amendment proposals under consideration is expected sometime prior to the end of the second week in December 2006. The meeting schedules and agendas for the Planning Commission and BoCC with regard to this Docket are available on a Jefferson County website dedicated to the 2006 Comprehensive Plan annual amendment cycle process. This website can be accessed from the Jefferson County homepage: http://www.co.jefferson.wa.us. 1-3 Appeal Information Issues relating to the adequacy of a SEPA Addendum and other procedural issues may not be appealed under the administrative appeal provisions of JCC 18.40.330. Appeals of GMA actions (i.e., a legislative decision by the BoCC) are heard first by the Western Washington Growth Management Hearings Board. Location of Background Material and Documents Incorporated by Reference Background material and documents used to support development of the Addendum are available for inspection from 9:00 AM to 4:30 PM, Monday through Friday, at the Jefferson County Department of Community Development, 621 Sheridan Street, Port Townsend WA 98368, (360) 379- 4450. Appointments are welcome. Relation to Other Documents A series of documents have been prepared by or on behalf of Jefferson County to evaluate the impacts of the Jefferson County Comprehensive Plan and development regulations (i.e., the Unified Development Code (UDC)), including amendments to both the Plan and UDC. These documents, listed in part 3 of this document, “Supporting Record, Analyses, and Materials,” provide substantial background information and offer previous environmental descriptions and analyses. They are incorporated herein by this reference. The reader is encouraged to refer to these documents in conjunction with this document for a broader understanding of the issues and impacts analyzed. In this document, descriptions of and references to the contents of the proposed amendments have been provided to the greatest extent possible, but do not include all information from the Comprehensive Plan amendment applications. For a more complete understanding of the discussion presented within this document, the Comprehensive Plan amendment applications themselves should be consulted. Cost to the Public Copies of the 2006 Comprehensive Plan Amendment Docket DCD Integrated Staff Report and SEPA Addendum, or selected pages thereof, are available at cost from the Jefferson County Department of Community Development (DCD). The text and selected appendices are also available for download on the DCD website dedicated to the 2006 annual amendment cycle, which can be accessed from the Jefferson County homepage: http://www.co.jefferson.wa.us. Copies of this document are available for inspection at DCD and the Jefferson County Public Library at Port Hadlock. 1-4 1.2 ENVIRONMENTAL SUMMARY 1.2.1 Introduction and Process Jefferson County adopted a comprehensive plan pursuant to the Growth Management Act (GMA) on August 28, 1998 and substantively updated the Plan on December 13, 2004. The Jefferson County Comprehensive Plan is a policy document that guides growth and future land use decisions in Jefferson County. In each successive year since initial adoption, the County has conducted a Comprehensive Plan amendment cycle as provided by the GMA. JCC §18.45 is the set of development regulations adopted in December 2000 for amending the Comprehensive Plan. The 2006 “Preliminary Docket” included 7 (seven) proposed amendments. Per JCC §18.45, site-specific amendments (formal applications submitted in conjunction with a fee) automatically qualified for the “Final Docket.” The Jefferson County Planning Commission heard testimony on two (2) suggested amendments on the Preliminary Docket and formulated a recommendation to the Board of County Commissioners (BoCC) regarding the composition of the Final Docket. The BoCC then established the Final Docket, declining to docket the suggested amendments and establishing five as the total number of amendment proposals on the Final Docket. This document is an integrated Staff Report and State Environmental Policy Act (SEPA) Addendum. The objective is to analyze the proposed amendments individually and cumulatively with regard to Comprehensive Plan amendment criteria outlined in JCC §18.45 and potential environmental impacts as required under SEPA. The adoption of amendments to the Comprehensive Plan is a non-project action under SEPA, and the analysis presented in this document is not intended to satisfy individual project action SEPA requirements (i.e., the review needed for a future land use or building permit application). This is an integrated GMA/SEPA document that combines environmental analysis with a Staff Report offering a recommended action on each proposed Comprehensive Plan amendment. Guidance for preparing integrated SEPA/GMA documents is found at Washington Administrative Code (WAC) 197-11-235. The analysis in this document supplements the existing adopted environmental documents incorporated herein by reference. 1.2.1.1 Adoption of Existing Environmental Documents The following existing environmental documents have been adopted through legal notice published in the Port Townsend & Jefferson County Leader newspaper on July 19, 2006 (Appendix Item 1): • 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, dated February 24, 1997 and May 27, 1998, respectively, examined the potential cumulative environmental impacts of adopting alternative versions of the Comprehensive Plan. • The Integrated Staff Report and SEPA Addendum prepared for the 2004 Comprehensive Plan Amendment Docket by the Department of Community Development, issued on September 22, 2004. 1.2.1.2 Incorporation of Documents by Reference The five Comprehensive Plan amendment applications themselves, including all supplemental information submitted with or associated with the applications, all supporting record, analyses, and materials listed in part 3 of this document, all Appendix Items to this report, and all other materials or documents referenced in the text within are incorporated herein by this reference, pursuant to WAC 197-11-600 and 635. The documents listed in part 3 of this document, “Supporting Record, Analyses, and Materials,” provide substantial background information and offer previous environmental descriptions and analyses. The reader is encouraged to use existing documents in conjunction with this document for a more comprehensive understanding of the issues and impacts analyzed. Moreover, to the greatest extent possible this document includes descriptions of, and references to, the content of the ten individual proposals, but these descriptions do not include all the information from each Comprehensive Plan 1-5 amendment application. For a more thorough understanding of the discussion presented here, the Comprehensive Plan amendment applications themselves should be consulted to supplement the information in this document. 1.2.1.3 Level of Environmental Analysis This document provides both a qualitative and a quantitative analysis of environmental impacts as appropriate to the general nature of the 2006 Comprehensive Plan Amendment Docket proposals. The adoption of comprehensive plan amendments is classified under SEPA as a non-project (i.e., programmatic) action. A non-project action, such as decisions on policies, plans or programs, is defined as an action that is broader than permit review for a single site- specific project. Environmental analysis for a non-project proposal does not require the same level of site-specific analysis required in conjunction with a permit application; instead, a document such as an Environmental Impact Statement (EIS) or a SEPA Addendum discusses impacts and alternatives appropriate to the scope of the non-project proposal and to the level of planning for the proposal (WAC 197-11-442). The analysis in this document is not intended to satisfy individual project action SEPA requirements (i.e., the review needed for a future land use or building permit application). SEPA encourages the use of phased environmental review to focus on issues that are ready for decision, and to exclude from consideration issues already decided or not yet ready for decision-making (WAC 197-11-060(5)). Phased review is appropriate when the sequence of a proposal is from a programmatic document, such as an integrated GMA/SEPA document addressing comprehensive plan amendments, to other documents that are narrower in scope, such as site-specific, project-level analyses (i.e., “project actions” under SEPA). Jefferson County is employing the phased review concept in its environmental review of growth management planning actions. The analysis in this Staff Report and SEPA Addendum will be used to review the potential environmental impacts of the proposed amendments to the Jefferson County Comprehensive Plan. Additional environmental review of development proposals will occur as specific projects are proposed (e.g., land use and building permit applications). This will result in an additional incremental level of review when subsequent implementing actions require a more detailed evaluation and as additional information becomes available. Future project action environmental review for development applications that are not categorically exempt from SEPA could occur in the form of a supplemental EIS, SEPA addendum, or threshold Determination of Non-Significance (DNS). 1.2.1.4 Process and Public Involvement Following is a description of the anticipated review and public involvement process for the 2006 Comprehensive Plan Amendment Docket and associated Staff Report and SEPA Addendum. This 2006 Comprehensive Plan Amendment Docket DCD Staff Report and SEPA Addendum is available to agencies and interested parties pursuant to GMA and SEPA rules. Comments on the merits of the proposals shall be accepted as outlined below under “Public Comment Period.” 1.2.1.4.1 Preliminary Public Outreach - Docketing Process The public process for compiling the final docket has followed the public involvement requirements of the GMA and the specific procedures established in JCC 18.45.060 through 18.45.080. DCD staff compiled the preliminary docket following the March 1, 2006 deadline for applications set forth in JCC 18.45.040 (2) (a). On April 5, 2006, and after timely and effective public notice, the Planning Commission held an open record public hearing to solicit comments on the proposed amendment docket. On March 15, 2006, the Planning Commission and BoCC held a joint workshop to review the DCD preliminary docketing recommendations and to gather information regarding the items on the preliminary docket and the DCD report and recommendations. On May 22, 2006, Planning Commission transmitted its final docketing report and recommendations to the BoCC. On May 22, 2006, the BoCC adopted the final docket for review during the 2006 amendment process. 1-6 1.2.1.4.2 Review of Final Docket - Planning Commission Public Hearing - Public Comment Period The Jefferson County Planning Commission is scheduled to hold at least two public hearings to take testimony on the proposed Comprehensive Plan amendments that comprise the 2006 Comprehensive Plan Amendment Docket (2006 Docket). A public hearing is scheduled for Wednesday, August 2, 2005, 6:30 PM at the WSU Community Learning Center in Port Hadlock, pertaining to all items on the 2006 Docket except the proposed MPR. A public hearing is currently scheduled for Wednesday, September 6, 2006, 6:30 PM at the Brinnon Community Center in Brinnon, pertaining to the proposed MPR amendment. Formal notice will appear in the newspaper of record, the Port Townsend & Jefferson County Leader, prior to the public hearings. The issuance of this Staff Report and SEPA Addendum on Wednesday, July 19, 2006, initiates a public comment period that remains open through Wednesday, August 2, 2006 for the four site-specific proposed amendments excluding MLA-06-87. Oral comment may be provided to the Planning Commission at the August 2 public hearing. Written comment may be submitted to the Planning Commission via DCD through the close of the public hearing on August 2. A separate period will be established for MLA06-87 the proposed MPR. Please submit written comments to DCD at 621 Sheridan Street, Port Townsend WA 98368 or via email to planning@co.jefferson.wa.us. Comments submitted prior to the close of the comment period will be forwarded to the Planning Commission for consideration during that advisory body’s deliberations. Please note that the Planning Commission may elect at its discretion to schedule an additional date and time for oral comments, and/or extend the period in which written comments may be accepted. Written public comments submitted after close of the Planning Commission comment period will be forwarded to the Board of County Commissioners (BoCC) for consideration in its legislative decision. The BoCC may hold a public hearing before taking final legislative action on the Final Docket (formal notice will appear in the newspaper of record, the Port Townsend & Jefferson County Leader, prior to the BoCC hearing). 1.2.1.4.3 Availability of Documents For more information or to inspect or request copies of the original applications for the proposed amendments, the adopted existing environmental documents or other related information, contact DCD Long-Range Planning at the mail or email addresses above, by phone at (360) 379-4450, or visit the 2006 Comprehensive Plan amendment cycle webpage, where as many relevant documents and maps as possible are available in Portable Document Format (PDF). The 2006 Comprehensive Plan amendment cycle webpage can be accessed through the County homepage: http://www.co.jefferson.wa.us. 1.2.1.4.4 Planning Commission and Board of County Commissioners Deliberation Following the public hearing(s) on the proposed Comprehensive Plan Amendments, the Planning Commission will deliberate on the proposals, potentially over a series of meetings, and formulate a recommendation on each proposal for consideration by the Board of County Commissioners (BoCC). It is anticipated that the Planning Commission will deliberate on the proposed amendments during its regularly scheduled meeting on August 16, 2006, or until such time that it formulates a recommendation for transmittal to the BoCC. It is anticipated the Planning Commission will deliberate on the proposed MPR amendment during at a later date. The Planning Commission generally meets the first and third Wednesdays of any given month at the WSU Community Learning Center, Shold Business Park, 201 W. Patison, Port Hadlock. It is possible that the Planning Commission will hold one or more special meetings outside of the regular meeting schedule. Following the completion of the Planning Commission recommendation on the 2006 Docket, DCD will formally transmit the Planning Commission recommendation to the BoCC along with the DCD final staff recommendations, any comments submitted during the public comment period, and the record of the Planning Commission deliberations. It is anticipated that the Planning Commission and DCD recommendations will be presented to the BoCC in the month of November 2006. In making a final legislative decision on the Docket, the BoCC considers the Planning Commission recommendations, the full case record of the Docket (all comments provided to the Planning Commission, the minutes of the Planning Commission meetings, and other background information), the DCD staff recommendation that accompanies the Planning Commission recommendation, legal advice from the Prosecuting Attorney’s office, and any written or oral comments provided to the BoCC before or during a BoCC public hearing on the Docket 1-7 (should one be held). If the BoCC elects to schedule one or more public hearings on the Docket following receipt of the Planning Commission recommendation, there would be another opportunity for agencies and the public to provide formal comments on the Docket. A legal notice would appear in the Port Townsend & Jefferson County Leader, the publication of record, announcing any BoCC public hearings on the 2006 Docket. A legislative decision from the BoCC on each of the Comprehensive Plan amendment proposals under consideration is expected prior to the end of the second week in December 2006. The meeting schedules and agendas for the Planning Commission and BoCC with regard to the 2006 Docket are available on a Jefferson County webpage dedicated to the 2006 Comprehensive Plan annual amendment cycle process. This webpage can be accessed from the Jefferson County homepage: http://www.co.jefferson.wa.us. 1.2.2 Major Conclusions The summary conclusions and/or highlights from the analysis in part 2 of this Staff Report and SEPA Addendum are presented here for the reader’s convenience. A reading of the analysis in part 2 in addition to any supporting material referenced in the text, including Appendix Items, is encouraged. Generally, information presented elsewhere is not reprinted here. 1.2.2.1 Summary Matrix of Impacts and Mitigation Measures The complete description of the proposals, analysis of impacts, and recommendation for mitigation measures and conditions are within the individual staff reports for each of the proposed amendments found in part 2 of this document, “Concise Analysis of the Proposals,” or among the Appendix Items, as appropriate. Summary statements presented in the Summary Matrix are, in some cases, considerably abbreviated from the full discussion in part 2 and lack explanations of terminology. Readers are encouraged to review the more comprehensive discussion of issues of interest in part 2, and to consult the Appendix Items, the amendment applications themselves, and other supporting materials listed in part 3, in order to formulate the most accurate impression of impacts associated with the proposals and staff recommendations. “Significant” as used in SEPA means a reasonable likelihood of more than a moderate adverse impact on environmental quality. Significance involves context and intensity and does not lend itself to a formula or quantifiable text (WAC 197-11-794). # APPLICATION NUMBER & DESCRIPTION PROBABLE SIGNIFICANT ENVIRONMENTAL IMPACTS? SUMMARY RECOMMENDATION/ PROPOSED MITIGATION/ CONDITIONS 1 MLA06-01; Bell; Discovery Rd.; 12.5 acres; upzone from RR 1:10 to 1:5. None identified. Recommendation - Approval. The parcel meets both the criteria for RR 1:10 and RR 1:5 designation. 1-8 # APPLICATION NUMBER & DESCRIPTION PROBABLE SIGNIFICANT ENVIRONMENTAL IMPACTS? SUMMARY RECOMMENDATION/ PROPOSED MITIGATION/ CONDITIONS 2 MLA06-74; Austin; S. Jacob Miller Rd.; 30 acres; upzone from RR 1:20 to 1:5. The proposal could increase pressure to up-zone parcels in the immediate vicinity. However, it would not likely detract from the overall intention of the 1998 Comprehensive Plan. Recommendation - Approval. The most appropriate designation is RR 1:20; however, the parcel meets both the criteria for RR 1:20 and RR 1:5. 3 MLA06-77; Brown & DCD; Irondale Rd.; 0.72 acres; upzone from RR to Convenience Crossroads. The proposal is consistent with the criteria for LAMIRDs, set forth at RCW 36.70A.070(5)(d). It would not likely detract from the overall intention of the 1998 Comprehensive Plan. Recommendation - Approval. The parcel clearly meets the July 1, 1990 “built environment’ LAMIRD criteria. 4 MLA06-85; Port of Port Townsend; Airport; 2.5 acres; rezone from AEPF to RR. None identified. Recommendation - Approval and designation of parcel as RR 1:5. . The parcel is surrounded on by an established pattern of parcels of five acres or smaller which are designated RR 1:5. 1.2.2.2 Comparison of Current and Proposed Land Use District Designations The following table displays the (approximate) current number of acres within each land use district (from the Comprehensive Plan, County Geographic Information System database, and other sources), and the proposed change in the number of acres under each district under the proposals. The reader should understand that these numbers are approximations for planning purposes only, and all figures have been rounded. They do not necessarily represent the actual numbers of acres on the ground. They are, however, the best approximation available at this time. The purpose of the table is to set a context for the legislative decision before the Board of County Commissioners for this year’s amendment cycle. All acreage figures in the following table are in gross acres, including road rights-of-way and some water features. The net developable acreage would be lower. 1-9 Comparison of Current and Proposed Land Use District Designations Land Use Designation/Zoning District Current Gross Acreage (2005 Plan) Potential Future Gross Acreage Under Applicant Proposals Potential Future Gross Acreage Under Staff Recommendation Rural Residential RR 1:5 29,168 29,212 (+44 approx.)3 29,212 (+ 44 approx.) RR 1:10 9,886 9,874 (-12.5 approx.) 9,874 (-12.5 approx.) RR 1:20 51,474 51, 444 (-30 approx.) 51,444 (-30 approx.) Incorporated UGA Port Townsend UGA 4,466 No change No change LAMIRDs Rural Village Centers (Hadlock, Brinnon, Quilcene) 242 No change No change General Crossroads 96 No change No change Convenience Crossroads 10 11 (+.72 approx.) 11 (+.72 approx.) Neighborhood Crossroads 122 No change No change Master Planned Resort MPR - Village Commercial Center 43 No change4 No change MPR - Resort Complex 10:1 57 No change No change MPR - Multiple Family 10:1 75 No change No change MPR - Single Family 4:1 1,431 No change No change MPR - Single Family Tracts 1:2.5 114 No change No change MPR - Recreation Area 259 No change No change MPR - Open Space Reserve 356 No change No change Parks & National Forest Parks, Preserves, Recreation - Not MPR 2,859 No change No change Olympic National Forest 57,299 No change No change Olympic National Park 139,463 No change No change Forestlands Rural Forest 8,645 No change No change Commercial Forest 310,327 No change No change Inholding Forest 7,228 No change No change Resource Based Industrial Zone 152 No change No change Agricultural Commercial Agriculture 4,296 No change No change Agricultural Lands of Local Significance 3,220 No change No change 3 MLA06-87 a proposed MPR would potential change the future gross acreage RR by ± 253 acres. 4 Potential Gross Acreage under applicant proposal with MLA06-87 increase for MPR categories by 253 acres (approx.). 1-10 Comparison of Current and Proposed Land Use District Designations, continued Land Use Designation/Zoning District Current Gross Acreage (2005 Plan) Potential Future Gross Acreage Under Applicant Proposals Potential Future Gross Acreage Under Staff Recommendation Industrial Heavy Industry (Mill) 278 No change No change Light Industrial (Glen Cove) 72 No change No change Light Industrial/ Manufacturing (Quilcene, Eastview) 56 No change No change Light Industrial/ Commercial (Glen Cove) 90 No change No change Essential Public Facilities Airport EPF 289 287 (-2.5 approx.) 287 (-2.5 approx.) Military Reservation 3,452 No change No change Waste Management EPF 241 No change No change 1.2.2.3 Significant Unavoidable Adverse Impacts Conclusions as to whether an impact would be considered significant, unavoidable, and adverse are found in the Summary Matrix above. Many of those conclusions contain assumptions about the ability to plan future development proposals in a way that would minimize impacts, or assumptions about how mitigation measures or existing regulations would be applied. Based upon use, regulation, and mitigation assumptions, none of the potential impacts of the future development scenarios evaluated in this document would meet all of the parameters (significant and unavoidable and adverse). The staff recommendation includes recommended mitigation measures that go beyond the regulatory framework currently in place. For more information on the relationship of plan and policymaking to future review of development permit applications, review the discussion on Effectiveness of Mitigation Measures below at §1.2.4.2. 1.2.3 Significant Areas of Controversy and Uncertainty Following is a table summarizing key environmental issues and options facing decision-makers: # APPLICATION NUMBER & DESCRIPTION AREAS OF CONTROVERSY AND UNCERTAINTY 1 MLA06-01; Bell; Discovery Rd.; 12.5 acres; upzone from RR 1:10 to 1:5. This rural residential upzone raises questions of appropriate circumstances for re- designation. However, in this case RR 1:5 is consistent with zoning in the immediate vicinity. That stated, clarification of policy for Rural Residential up- zones would help to direct future decisions on proposals of this type, and help to uphold the intent of the Comprehensive Plan. 1-11 # APPLICATION NUMBER & DESCRIPTION AREAS OF CONTROVERSY AND UNCERTAINTY 2 MLA06-74; Austin; S. Jacob Miller Rd.; 30 acres; upzone from RR 1:20 to 1:5. As discussed regarding MLA06-01, this upzone raises questions of appropriate circumstances for re-designation. The current designation for this parcel is most appropriate. It also meets criteria for RR 1:5. Clarification of policy for Rural Residential upzones would help to direct future decisions on proposals of this type and help to uphold the intent of the Comprehensive Plan. 3 MLA06-77; Brown & DCD; Irondale Rd.; 0.72 acres; up-zone from RR to Convenience Crossroads. The proposal raises the question of reconsideration of LAMIRD boundaries. In this case the designation criteria have been clearly met. No significant controversies have been identified. 4 MLA06-85; Port of Port Townsend; Airport; 2.5 acres; rezone from AEPF to RR. None identified. 1.2.4 Issues to Be Resolved 1.2.4.1 Environmental Choices to Be Made The Comprehensive Plan states that, “a healthy environment is fundamental to the quality of life of its citizens” and further provides four essential components for environmental protection: • Watershed and Fish Habitat Recovery Management Strategy; • Regulatory Strategy for Consolidated Environmental Review; • Critical Area Protection Strategy; and • Public Education and Involvement Strategy. Each choice taken by the County and its residents may impact environmental quality. Comprehensive Plan goals and objectives are implemented through development regulations in the Unified Development Code (UDC). The UDC was developed such that protective measures are incorporated into permit decisions. (For more discussion on how this process functions, refer to 1.2.4.2 below.) The Comprehensive Plan amendment proposals on this year’s Docket may have the potential, if adopted, to affect the environment. For this reason, each proposal must be carefully analyzed for potential impacts, both as an individual proposal and with respect to cumulative impacts when associated with the other proposals on the 2006 Docket, and if necessary, denied, conditioned, or modified appropriately. 1.2.4.2 Effectiveness of Mitigation Measures The legislative adoption of Comprehensive Plan amendments is a non-project action under the State Environmental Policy Act (SEPA). A project action would be a decision on a land use or building permit reviewed under the 1-12 general policy framework offered by the Comprehensive Plan and its implementing regulations. SEPA review is required for project actions, unless those actions are categorically exempt from SEPA review when the proposal is compared to the list of exemption thresholds at WAC 197-11-800. Environmental review such as the analysis contained in this document is useful and essential at the non-project level in order to set up a regulatory framework that protects the environment. Mitigation for non-project actions in this sense is essentially the extent to which the established regulatory framework is effective when applied to future development proposals. Generally, mitigation measures would not be required for the programmatic action of adopting a Comprehensive Plan or development regulation amendment, but may be useful and appropriate to address probable significant adverse environmental impacts identified at the project level. It is often the case that project action environmental review is where specific mitigation measures can be applied to condition a proposal such that the approval and execution of the proposal does not present a significant adverse environmental impact. With regard to environmental review of this year’s Comprehensive Plan annual amendment cycle docket, it should be understood that Jefferson County has in place a regulatory framework that follows the guidance established in Washington State laws, such as SEPA, the Growth Management Act (GMA), and the Shoreline Management Act (SMA). Jefferson County adopted the Unified Development Code (UDC) in December 2000 (effective January 16, 2001) as the unified set of development regulations to implement the Comprehensive Plan adopted in August 1998. Until the adoption of the UDC, the Comprehensive Plan was implemented through a variety of separate ordinances, some in place prior to the adoption of the Comprehensive Plan. The Interim Controls Ordinance prescribed allowed uses within the various districts set forth upon the Comprehensive Plan land use map, and the Land Use Procedures Ordinances outlined the development permit review process and related administrative matters. The UDC replaced these and other previously existing ordinances. Among the replaced ordinances was the Critical Areas Ordinance. Protective measures for what are now called “environmentally sensitive areas” are contained at JCC §18.15 Article VI-D, et seq. Environmentally sensitive areas are protected through the application of overlay districts. Examples of such overlay districts include Critical Aquifer Recharge Areas, Frequently Flooded Areas, Geologically Hazardous Areas, Fish and Wildlife Habitat Areas, and Wetlands (JCC Articles VI E-I). The County maintains data to assist in identifying these areas from a variety of sources, including the State of the Washington and the US Federal government, in a Geographic Information Systems (GIS) database. The data are used to create maps depicting the approximate location and extent of environmentally sensitive areas overlay districts. Development Review Division planners use available GIS information when reviewing land use and building permit applications and apply the protective measures accordingly. Frequently an applicant is required to submit a Special Report, such as an Aquifer Recharge Area Report, Drainage and Erosion Control Plan, Geotechnical Report, Grading Plan, Habitat Management Plan, or Wetland Delineation Report. The contents of these Special Reports are governed by JCC §18.45 Article VI-J. Submitted Special Reports are used not only to condition land use and building permit approval, but whenever possible to augment existing data for the County GIS database on environmentally sensitive areas. Sometimes the existing regulations are insufficient to effectively protect the environment when examined in the context of a particular project. Depending on the particular aspects of a development proposal, mitigation measures above and beyond the protections provided by the established development regulations may be needed to avoid significant adverse environmental impacts. In these cases, jurisdictions may employ their “SEPA substantive authority” to further condition approval of a development application. These mitigation measures are generally developed through project action SEPA review and established as permit conditions through an EIS or a threshold Mitigated Determination of Non-significance (MDNS). Consideration of mitigation measures that correspond with adoption of any one of the proposed Comprehensive Plan amendments in this year’s cycle is not as clear as placing a condition on a permit. The legislative decision to adopt a modified version of the original Comprehensive Plan amendment proposal can be considered a form of mitigation, for example. The Board of County Commissioners (BoCC) may be effectively mitigating the potential environmental impact of adopting a Comprehensive Plan amendment by adopting a modified proposal or even deciding not to adopt the proposal based on environmental considerations. For formal site-specific amendment applications, the BoCC could apply a mitigation measure that affects future use of the land in question. In any of 1-13 these cases, mitigation as applied to a non-project action such as a Comprehensive Plan amendment is distinct from mitigation as applied to a land use or building permit approval. It is at the time of project action review that established protection measures for environmentally sensitive areas and other development standards are applied to proposals for on-the-ground development. Judging the effectiveness of mitigation measures in this context requires on-going attention. 1.2.4.3 Main Options to Be Preserved or Foreclosed by the Action The four (4) site-specific proposals under review in this document are relatively minor in that they do not collectively represent a distinct change in direction from implementation of the adopted 1998 Comprehensive Plan. In deciding when it is appropriate to up-zone lower density rural residential parcels to higher density rural residential designations, or when it is appropriate to up-zone commercial forest land to rural residential designations, the County will establish precedents with far-reaching implications that will be used to judge the appropriateness of similar rezone proposals in years hence. In consequence, determinations that appear to have little direct environmental impact when viewed in isolation in 2006 may have significant indirect and cumulative environmental impacts if employed as justification for a substantial number of similar rezones in future Comprehensive Plan amendment cycles. Choosing not to approve certain rezone proposals that would increase pressures to convert commercial forest land and/or rural lands to higher intensity land use designations will likely reduce present and future environmental impacts, prevent sprawl, and preserve future planning options Regardless of the alternative selected, growth and development under the County's adopted Comprehensive Plan will result in some adverse impacts which are impossible to avoid. The County's adopted Plan is designed to accommodate the Washington State Office of Financial Management (OFM) population projections for the year 2024. Under any of the action alternatives reviewed in this document, continued growth and development under the adopted Plan is likely to result in increased urbanization of certain areas of the County, cumulative impacts to fish and wildlife habitat, increased demands upon transportation facilities and transit, and increased demand for public infrastructure and facilities. The County will continue to plan for distribution of growth that will result in the lowest levels of environmental impacts, focus on infill, and balance capital investments. 2-1 2 Concise Analysis of the Proposals 2.1 OVERVIEW Pursuant to JCC §18.45, Jefferson County is conducting an annual Comprehensive Plan amendment process. Consistent with the State Environmental Policy Act (“SEPA” at RCW 43.21C), the Growth Management Act (“GMA” at RCW 36.70A), the Jefferson County Comprehensive Plan, and JCC §18.45, this amendment process involves concurrent analysis of all proposals to identify the potential for cumulative impacts. In general, Comprehensive Plan amendment proposals in Jefferson County fall into one of two (2) categories: Formal Site-Specific Amendments are proposals submitted by property owners requesting a change in either Comprehensive plan land use designation or density. Suggested Amendments are generally limited to proposals that that broadly apply to the narrative, goals, policies and implementation strategies of the Comprehensive Plan. In order to ensure adequate review of potential environmental impacts, any suggested amendments that could result in a need to re-designate groups of parcels are analyzed using the same criteria employed for formal site-specific amendments (i.e., UDC 9.8.1.b and c). This document addresses the five (5) site-specific amendments on the Final Docket. This document further divides the amendments into sub-categories. Note: A separate Environmental Impact Statement (EIS) is required for MLA06-87 the proposed Master Planned Resort (MPR) in Brinnon. 2.1.1 Staff Reports, Cumulative Analysis, and Staff Recommendations Part 2 of this document addresses specific criteria contained in JCC §18.45 and, in turn, evaluates the potential for significant adverse environmental impacts, including cumulative impacts. Each amendment proposal is described below, evaluated based on the required criteria, and a staff recommendation is made based on those criteria. Tables are for summary information only; please refer to the staff report for each proposal for greater detail. 2.1.2 Growth Management Indicators Pursuant to JCC §18.45.080 (1) (b), all recommendations regarding amendment to the Comprehensive Plan must include an inquiry into the seven (7) "growth management indicators" listed at JCC §18.45.050 (4) (b). These growth management indicators address the following: • Growth and development rates; • Ability to provide services; • Availability of urban land; • Community-wide attitudes towards land use; and • Consistency with state law and local agreements. These indicators are not necessarily amendment-specific but rather are meant to provide a snapshot of Jefferson County’s status during this 2006 amendment cycle. This section will serve to promote consideration and inquiry into these seven growth management indicators and is intended to be a starting point for broader community consideration before the Planning Commission and the BoCC. While this review of the growth management indicators provides some basic analysis related to County demographics, it is not intended to measure progress in achieving the goals of the Comprehensive Plan; that task is reserved for the State-mandated Comprehensive Plan update scheduled for completion in 2011. 2-2 Jefferson County Code (JCC) §18.45.050 (4) (b) – growth management indicators Each of the growth management indicators is discussed as listed in JCC §18.45.050 (4) (b). (1) Whether growth and development as envisioned in the Comprehensive Plan is occurring faster or slower than anticipated, or is failing to materialize. Discussion: The Office of Financial Management (OFM) is the State agency responsible for compiling population projections under the Growth Management Act (GMA). The April 1, 2006 OFM Population Estimate for Jefferson County for the Allocation of Selected State Revenues, shows a 2006 population of 28,200. The 1996 “base year” population estimate used in the 1998 Comprehensive Plan (see page 3-3) was identified as 25,754 residents. The 1998 Comprehensive Plan predicted a population of 28,482 in 2000, 2,529 less than the 2000 census. The County has passed Resolution #55-03 which adopted the intermediate population projection from OFM for 2000-2024. The population projection predicts a population of 46,960 in 2024, an annual growth rate of 1.78%. The early 1990s were a time of rapid growth in Jefferson County, and the population projections that were reflective of the unusual amount of growth at that time. The growth rate of 1.78% is more in line with the historical growth rate of approximately 2%. That being said, growth trends are difficult to predict. Washington state and its counties have tended to exhibit growth spurts interrupted by periods of slower growth, stagnation, and even decline. For example, the “rural rebound” growth trend experienced by most western states in the early 1990s – at the time of GMA adoption – was the result of an exodus by nearly two million people leaving California during a severe regional economic recession. Rural and non-metropolitan growth in Washington, and Jefferson County, during the 1990s was far greater than anticipated but slowed as California’s economy recovered in the mid-1990s (“Washington State County Population Projections For Growth Management,” Office of Financial Management, March 2002). YEAR 1910 1920 1930 1940 1950 1960 1970 1980 1990 2005 2006 County Population 8300 6420 8346 8918 11618 9639 10661 15965 20406 27600 28200 Port Townsend 4181 2847 3970 4683 6888 5074 5241 6067 7001 8745 8820 Percent in Port Townsend 50% 44% 47% 53% 59% 53% 49% 38% 34% 32% 31% Jefferson County Population 1910-200 Source: United States Census, Washington State Office of Financial Management As reference to the table above indicates, an interesting trend for Jefferson County is an ongoing decrease in the percentage of residents living in the city of Port Townsend. Since 1950, the percentage of residents living in the city has dropped from 59% to 32%, with County residential units accounting for nearly 70% of the population base. It is not unreasonable to assume that this shift towards residence in unincorporated areas has resulted in an increased demand for services outside of Port Townsend. Resolution #55-03 allocates 36% of the growth over the 20-year planning period to the City of Port Townsend, 17% each to Port Ludlow MPR and Irondale/Hadlock UGA, and 30% to the rural areas of Jefferson County. (2) Whether the capacity of the county to provide adequate services has diminished or increased. Discussion: The number of service providers in the County has not decreased and the County, with the exception of policy decisions made as a result of economic conditions, continues to be equipped to provide the same levels of service available at the time of Comprehensive Plan adoption. The County is in the process of adopting GMA 2-3 compliant plans to provide the Irondale/Hadlock Urban Growth Area (UGA) with urban services, specifically sanitary sewer service and stormwater management. (3) Whether sufficient urban land is designated and zoned to meet projected demand and need. Discussion: As a part of the planning process for the unincorporated Port Hadlock UGA, an analysis of vacant lands within the proposed UGA and a buildout analysis were completed. These studies evaluated the ability to accommodate the allocated population. The Port Hadlock UGA (partially invalidated by the Western Washington Growth Management Hearings Board (see WWGMHB Case No. 04-2-0022, Irondale Community Action Neighbors and Nancy Dorgan v. Jefferson, Final Decision and Order (May 31, 2005)) was sized to accommodate 118% of the growth allocated by resolution #55-03. With a theoretical carrying capacity of over 30,000, the City of Port Townsend UGA also appears to be adequately sized to accommodate anticipated future urban growth. (4) Whether any assumptions upon which the Comprehensive Plan is based are no longer found to be valid. Discussion: Since the adoption of the Comprehensive Plan in 1998, the majority of assumptions made as part of the Plan continue to be valid. Amendments to GMA and other laws made by the State Legislature and precedent- setting decisions made by the Growth Management Hearings Boards influence local government implementation of GMA. (5) Whether changes in countywide attitudes necessitate amendments to the goals of the Plan and the basic values embodied within the Comprehensive Plan Vision Statement. Discussion: The most effective way to judge whether changes in countywide attitudes have occurred, aside from reference to local election results, is through statistically significant public opinion surveys. The last such survey in Jefferson County took place in 1991 through the “Jefferson 2000 Public Opinion Survey” conducted by Elway Research. Many of the opinions expressed through this survey are reflected in the policy assumptions that form the basis for the Comprehensive Plan. That said, the opinions expressed through the Jefferson 2000 survey were not intended to predict the future and an updated survey would be the most effective way to gauge whether changes in countywide attitudes have actually manifested. (6) Whether changes in circumstances dictate a need for amendments. Discussion: To some degree, circumstances have changed since Comprehensive Plan adoption in August of 1998. Taken from a broad perspective, these changing circumstances include: issues surrounding affordable housing, specific salmon species listings under the Endangered Species Act, County adoption of final development regulations which are consistent with the Comprehensive Plan and the Growth Management Act, Growth Management Hearings Boards clarifications through case law related to specific provisions of the GMA, the adoption of Unified Development Code amendments establishing a process for locating Major Industrial Development, the completion of the Tri-Area/Glen Cove Special Study, designation of Glen Cove Light Industrial/Commercial area, and the designation, and then appeal and partial invalidation, of Irondale/Hadlock as a UGA. Many of these changes in circumstances were addressed during the 2004 Update to the Comprehensive Plan. (7) Whether inconsistencies exist between the Comprehensive Plan and the Growth Management Act or the Comprehensive Plan and the Countywide Planning Policy for Jefferson County. Discussion: The Comprehensive Plan is consistent with both the Growth Management Act and the Countywide Planning Policy. In 2004, Jefferson County, pursuant to the Growth Management Act, conducted a review of the Comprehensive Plan and the UDC to ensure consistency between those documents and the Growth Management Act. This review was completed in 2004. 2-4 2.2 FINAL DOCKET Following are brief descriptions of each of the five (5) proposed amendments to the Comprehensive Plan. Each case has a Master Land Use Application (MLA) file number for reference. Site-Specific Amendments: 1. MLA06-01; Bell; Discovery Rd.; 12.5 acres; RR 1:10 to 1:5. 2. MLA06-74; Austin; S. Jacob Miller Rd.; 30 acres; RR 1:20 to 1:5. 3. MLA06-77; Brown & DCD; Irondale Rd.; 0.72 acres; RR to Convenience Crossroads. 4. MLA06-85; Port of Port Townsend; Airport; 2.5 acres; AEPF to RR. 5. MLA06-87; Statesmen & Black Point Properties; Brinnon; 252.64 acres; MPR. The Board of County Commissioners (BoCC) in its legislative capacity may adopt each amendment as proposed, adopt with conditions, adopt a modified version, or deny adoption. The four proposed amendments to the Comprehensive Plan constitute address in this document, for the purposes of the integrated Staff Report and SEPA Addendum, three (3) individual proposed action components (i.e., rural residential rezones; rural industrial/commercial rezones; and Airport EPF rezones to RR). The environmental review-based alternatives to each proposed action component are as follows: • No Action - Continue application of the Comprehensive Plan without any or all of the proposed amendments; or • Adopt with mitigating conditions (e.g., as recommended by staff). 2.2.1 Staff Recommendation Summary Staff recommendations for each proposed amendment are explained under a heading for each individual proposal in part 2.3. The staff recommendations are presented to the Planning Commission for consideration. In transmitting the Planning Commission to the BoCC later this year, staff will have the opportunity to adjust these preliminary recommendations. The preliminary staff recommendations, including modifications and mitigation measures, are summarized in the following table: 2006 Comprehensive Plan Amendment Docket: Summary of Staff Recommendations # APPLICATION NUMBER APPLICANT/PARCEL NUMBER GENERAL DESCRIPTION OF PROPOSAL STAFF RECOMMENDATION 1 MLA06-01 Bell; 001201004 12.5 acres; RR 1:10 to 1:5 Approval. 2 MLA06-74 Austin; 001081002 30 acres; RR 1:20 to 1:5 Approval. 3 MLA06-77 Brown & DCD; 961803402 0.72 acres; RR to Convenience Crossroads Approval. 2-5 # APPLICATION NUMBER APPLICANT/PARCEL NUMBER GENERAL DESCRIPTION OF PROPOSAL STAFF RECOMMENDATION 4 MLA06-85 Port of Port Townsend; Airport; 001331011 2.5 acres; AEPF to RR Approval and designation as 1:5. 2.3 STAFF REPORTS: SITE-SPECIFIC AMENDMENTS The five site-specific amendment proposals are grouped together below according to category: • Requests for Change of Rural Residential Density (e.g., RR 1:20 to RR 1:5) • Requests for Change from AEPF to Rural Residential (e.g., AEPF to RR) • Requests for Change from Rural Residential Designation to Convenience Crossroads (e.g., RR 1:5 to CC) 2.3.1 Requests for Change of Rural Residential Density (2) Requests for changes in Rural Residential density are subject to criteria contained at Land Use Policy 3.3 (page 3- 67) in the Comprehensive Plan. These criteria attribute one of three residential densities to all residential parcels in Jefferson County: one dwelling unit per five acres (1:5), one dwelling unit per ten acres (1:10), or one dwelling unit per twenty acres (1:20), subject to the following criteria: POLICIES: LNP 3.3.1 A residential land use designation of one dwelling unit per 5 acres (RR 1:5) shall be assigned to those areas throughout the County with: a. an established pattern of the same or similar sized parcels (i.e., 5 acres) or smaller sized existing lots of record; b. parcels of similar size (i.e., 5 acres) or pre-existing smaller parcels along the coastal areas; c. parcels immediately adjacent to the boundaries of the Rural Village Centers; and d. as an overlay to pre-existing developed “suburban” platted subdivisions. LNP 3.3.2 A rural residential land use designation of one dwelling unit per 10 acres (RR 1:10) shall be assigned to those areas throughout the County with: a. an established pattern of the same or similar sized parcels (i.e., 10 acres); b. parcels along the coastal area of similar size; c. areas serving as a “transition” adjacent to Urban Growth Areas; and, d. critical area land parcels. LNP 3.3.3 A rural residential land use designation of one dwelling unit per 20 acres (RR 1:20) shall be assigned to those areas throughout the County with: a. an established pattern of the same or similar sized parcels (i.e., 20 acres) or larger; b. parcels along the coastal area of similar size; c. areas serving as a “transition” to Urban Growth Areas or the [Port Ludlow] Master Planned Resort; d. critical land area parcels; e. agriculture resource designated parcels; f. publicly owned forest lands; and 2-6 g. lands adjacent to forest resource land. The Jefferson County Code defines the term “buildable lot” and notes that a lot of two (2) acres in size or greater will typically be adequate to meet health standards related on-site wastewater disposal (i.e. septics) and individual water systems (i.e. well) [JCC §18.10]. Since 1996, the maximum density that can be achieved through subdivision in Jefferson County is one dwelling unit per five acres. In January 2001, Jefferson County adopted the Unified Development Code (JCC Title 18) which includes provisions for innovative and environmentally sound site-design through residential “clustering.” These provisions are contained at JCC §18.15 Article VI-M (Planned Rural Residential Developments). The three proposals for residential density changes will be reviewed consistent with these criteria. A general description, criteria review, and staff recommendation for each proposal is provided below. 2.3.1.1 Reference Number: MLA06-01 (Bell) Applicant: Bell Assessor Parcel Number(s): 001201004 Location: Discovery Road 2.3.1.1.1 General Description and Environmental Information The proposed amendment would re-designate 12.5 acres from Rural Residential one dwelling unit per ten acres (1:10) to Rural Residential one dwelling unit per five acres (1:5). The subject parcel is located at 1530 Discovery Road, Port Townsend. The area around the proposed site includes parcels designated RR 1:5 with partially cleared land, an opened gravel pit mine to the North-west and (1) 1:20 acre wood-lot, containing a paddock, horses and a residence. The proposed twelve and one half acre parcel was once part of s larger piece of land that was logged off in the late nineteen sixties. In the north and west boundaries, some seed trees were left to re-forest the wood-lot. These trees will remain to include a fifty to seventy foot deep green-space along the western and northern boundaries, providing some forest habitat and wind protection to the adjacent parcels. The northern five acres would eventually be developed into a rural single residence, and the remaining acreage will remain developed as is. 2.3.1.1.2 Cumulative Impact Analysis Pursuant to JCC §18.45.080 (1) (b), the Planning Commission and Board of County Commissioners must develop findings and conclusions that consider specific criteria. Those criteria, and staff evaluations, follow. Cumulative Impact Analysis - MLA06-01: Bell UDC Criterion Staff Evaluation Whether circumstances related to the proposed amendment and/or the area in which it is located have substantially changed since the adoption of the Comprehensive Plan The circumstances related to area have not changed substantially since the adoption of the Comprehensive Plan. Whether the assumptions upon which the Comprehensive Plan is based are no longer valid, or whether new information is available which was not considered during the adoption process or any annual amendments to the Jefferson County Comprehensive Plan The majority of the assumptions upon which the Comprehensive Plan was adopted remain valid. There has been no new information presented related to this specific proposal that has not been considered during the adoption process or any of the annual amendment cycles. Whether the proposed amendment reflects current widely held values of the residents of Jefferson County residents The proposed amendment reflects the currently held values of Jefferson County. 2-7 Cumulative Impact Analysis - MLA06-01: Bell, continued The proposed site-specific amendment meets concurrency requirements for transportation and does not adversely affect adopted level of service standards for other public facilities and services The proposal meets concurrency requirements for transportation. The proposed amendment should not adversely impact the level of county services. The proposed site-specific amendment is consistent with the goals, policies, and implementation strategies of the various elements of the Comprehensive Plan There are no inconsistencies with the Comprehensive Plan. The proposed site-specific amendment will not result in probable significant adverse impacts to the county’s transportation network, capital facilities, utilities, parks, and environmental features that cannot be mitigated, and will not place uncompensated burdens upon existing or planned service capabilities The proposed amendment will not result in a probable significant adverse impact to the transportation network, capital facilities, utilities, parks, or environmental features. In the case of a site-specific amendment to the land use map, that the subject parcels are physically suitable for the requested land use designation and the anticipated land use development, including but not limited to access, provision of utilities and compatibility with existing and planned surrounding land uses The proposal is physically suitable for the requested land use designation. It is similar to the surrounding properties and their access to utilities and land uses. The proposed site-specific amendment will not create a pressure to change the land use designation of other properties, unless the change of land use designation for other properties is in the long-term best interests of the county as a whole The proposal is unlikely to create a pressure to change the land use designation of other properties. The proposed site-specific amendment does not materially affect land use and population growth projections that are the bases of the Comprehensive Plan The site specific proposal does not affect the land use and population growth projections that are the basis of the comprehensive plan. The proposed land use will be consistent with surrounding land uses. If within an unincorporated urban growth area (UGA), the proposed site-specific amendment does not affect the adequacy or availability of urban facilities and services to the immediate area and the overall UGA The proposed amendment is not located within an area that is currently under review for UGA designation. The proposed amendment is consistent with the Growth Management Act (RCW 36.70A), the Countywide Planning Policies for Jefferson county, any other applicable interjurisdictional policies or agreements, and any other local, state or federal laws The proposed amendment meets the requirements of GMA. The character of the rural area will not be affected by redesignating this property. Following is environmental analysis presented in the format of the Non-Project Action Supplemental Sheet to the Environmental Checklist developed by the Department of Ecology pursuant to the State Environmental Policy Act (SEPA). 2-8 Discussion of each change according to questions set forth in SEPA Rules: Section D. Supplemental Sheet for Nonproject Actions Question #1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? It is not likely that this proposal would result in a significant increase in water withdrawal or discharge. Question #2 How would the proposal be likely to affect plants, animals, fish, or marine life? The proposal would not affect plants, animals, fish, or marine life. Project-specific development that may occur as a result of the proposal would be subject to applicable federal, state, and local protections for plants, animals, fish, and marine life. Question #3 How would the proposal be likely to deplete energy or natural resources? All subsequent project specific development proposals will be subject to applicable federal, state, and local energy conservation standards. Question #4 How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands. The proposed Comprehensive Plan amendment is consistent with the zoning criteria established in the Comprehensive Plan (see LNP 3.3). A critical areas aquifer recharge area (SARPA) is identified on part of the parcel. Any issues would have to be resolved in the land division process. Question #5 How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? No portion of the site lies within the shoreline jurisdiction. Question #6 How would the proposal be likely to increase demands on transportation or public services and utilities? The proposal is unlikely to generate any noticeable additional demand for public services. Question #7 Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. The proposed amendment is does not conflict with the zoning criteria established in the Comprehensive Plan. It is unlikely to conflict with related local, state and federal laws. 2.3.1.1.3 Staff Recommendation Staff recommends approval of the proposed site-specific amendment. A pattern of RR 1:5 or smaller parcels exist in the vicinity of the subject site (see LNP 3.3.1(a)). 2.3.1.2 Reference Number: MLA06-74 (Austin) Reference Number: MLA06-74 Applicant: Cleo Austin Assessor Parcel Number(s): 001081002 2-9 Location: South Jacob Miller Rd. 2.3.1.2.1 General Description and Environmental Information The subject property is located on south Jacob Miller Road. The request would change the land use designation of 001-081-002, a 30-acre parcel located at 841 S. Jacob Miller Road in Port Townsend, from RR 1:20 to RR 1:5. 2.3.1.2.2 Cumulative Impact Analysis Pursuant to JCC §18.450.80 (1) (b), the Planning Commission and Board of County Commissioners shall develop findings and conclusions that consider specific criteria. Those criteria, and staff evaluations, follow. Cumulative Impact Analysis - MLA06-74: Austin UDC Criterion Staff Evaluation Whether circumstances related to the proposed amendment and/or the area in which it is located have substantially changed since the adoption of the Comprehensive Plan The circumstances related to area have not changed substantially since the adoption of the Comprehensive Plan. Whether the assumptions upon which the Comprehensive Plan is based are no longer valid, or whether new information is available which was not considered during the adoption process or any annual amendments to the Jefferson County Comprehensive Plan The majority of the assumptions upon which the Comprehensive Plan was adopted remain valid. There has been no new information presented related to this specific proposal that has not been considered during the adoption process or any of the annual amendment cycles. Whether the proposed amendment reflects current widely held values of the residents of Jefferson County residents The proposed amendment reflects the currently held values of Jefferson County. The proposed site-specific amendment meets concurrency requirements for transportation and does not adversely affect adopted level of service standards for other public facilities and services The proposal meets concurrency requirements for transportation. The proposed site-specific amendment is consistent with the goals, policies, and implementation strategies of the various elements of the Comprehensive Plan The proposed amendment is consistent with the goals, policies and implementation strategies of the various elements of the Comprehensive Plan. The proposed site-specific amendment will not result in probable significant adverse impacts to the county’s transportation network, capital facilities, utilities, parks, and environmental features that cannot be mitigated, and will not place uncompensated burdens upon existing or planned service capabilities The proposed amendment will not result in a probable significant adverse impact to the transportation network, capital facilities, utilities, parks or environmental features. In the case of a site-specific amendment to the land use map, that the subject parcels are physically suitable for the requested land use designation and the anticipated land use development, including but not limited to access, provision of utilities and compatibility with existing and planned surrounding land uses The subject parcel is physically suitable for the requested land use designation. 2-10 Cumulative Impact Analysis – MLA06-74: Austin, continued UDC Criterion Staff Evaluation The proposed site-specific amendment will not create a pressure to change the land use designation of other properties, unless the change of land use designation for other properties is in the long-term best interests of the county as a whole The proposal could create a pressure to change the land use designation of other properties. The proposed site-specific amendment does not materially affect land use and population growth projections that are the bases of the Comprehensive Plan The proposal does not materially affect the land use and population growth projections that are the basis of the Comprehensive Plan. If within an unincorporated urban growth area (UGA), the proposed site-specific amendment does not affect the adequacy or availability of urban facilities and services to the immediate area and the overall UGA The proposed amendment is not located within an area that is currently under review for UGA designation. The proposed amendment is consistent with the Growth Management Act (RCW 36.70A), the Countywide Planning Policies for Jefferson county, any other applicable interjurisdictional policies or agreements, and any other local, state or federal laws The proposed amendment meets the requirements of GMA and County planning policies. Following is environmental analysis presented in the format of the Non-Project Action Supplemental Sheet to the Environmental Checklist developed by the Department of Ecology pursuant to the State Environmental Policy Act (SEPA). Discussion of each change according to questions set forth in SEPA Rules: Section D. Supplemental Sheet for Nonproject Actions Question #1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? It is not likely that this proposal would result in a significant increase in water withdrawal or discharge. Question #2 How would the proposal be likely to affect plants, animals, fish, or marine life? The proposal would not affect plants, animals, fish, or marine life. Project-specific development that may occur as a result of the proposal would be subject to applicable federal, state, and local protections for plants, animals, fish, and marine life. Question #3 How would the proposal be likely to deplete energy or natural resources? All subsequent project specific development proposals will be subject to applicable federal, state, and local energy conservation standards. Question #4 How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and 2-11 scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands. The proposed Comprehensive Plan amendment is consistent with the zoning criteria established in the Comprehensive Plan (see LNP 3.3). A critical areas aquifer recharge area (SUSC) is identified on part of the parcel. Any issues would have to be resolved in the land division process. Question #5 How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? No portion of the site lies within the shoreline jurisdiction. Question #6 How would the proposal be likely to increase demands on transportation or public services and utilities? The proposal is unlikely to generate any noticeable additional demand for public services. Question #7 Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. The proposed amendment is does not conflict with the zoning criteria established in the Comprehensive Plan. It is unlikely to conflict with related local, state and federal laws. 2.3.1.2.3 Staff Recommendation Staff recommends approval of the proposed site-specific amendment. 2.3.1.3 Cumulative Analysis of Requests for Change of Residential Density It should be noted that certain of the proposals appear likely to result in indirect adverse impacts to the environment in the form of increased pressure to convert low density rural residential areas (e.g., RR 1:20) to higher intensity rural use (i.e., RR 1:5). However, the change of rural density proposed amendments in this report are unlikely to undermine the overall purpose of the rural residential land use scheme within the 1998 Comprehensive Plan. 2.3.2 Request for Change from AEPF to Rural Residential Requests for changes for Airport Essential Public Facilities (AEPF) land use designation to rural residential land use designation are subject to Comprehensive Plan goals and policies contained at Land Use Goal (LNG). 2.3.2.1 Reference Number: MLA06-85 (Port of Port Townsend) Applicant: Port of Port Townsend Assessor Parcel Number(s): 001331011 Location: Jefferson County Airport 2.3.2.1.1 General Description and Site-Specific Environmental Information The request would change the current land use designation a 2.5-acre section of parcel 001331011 located east of the Airport cutoff adjacent to the Jefferson County International Airport in Port Townsend, from AEPF to RR. The 2-12 requested change would rezone the parcel from AEPF to rural residential. The Assessor’s Office has assigned the new parcel number for this section of the parcel as: 001331013. 2.3.2.1.2 Cumulative Impact Analysis Pursuant to JCC §18.45.080 (1) (b), the Planning Commission and Board of County Commissioners shall develop findings and conclusions that consider specific criteria. Those criteria, and staff evaluations, follow. Cumulative Impact Analysis - MLA06-85: Port of Port Townsend UDC Criterion Staff Evaluation Whether circumstances related to the proposed amendment and/or the area in which it is located have substantially changed since the adoption of the Comprehensive Plan The circumstances related to area have not changed substantially since the adoption of the Comprehensive Plan. Whether the assumptions upon which the Comprehensive Plan is based are no longer valid, or whether new information is available which was not considered during the adoption process or any annual amendments to the Jefferson County Comprehensive Plan The majority of the assumptions upon which the Comprehensive Plan was adopted remain valid. Whether the proposed amendment reflects current widely held values of the residents of Jefferson County residents The proposed amendment supports current widely held values of Jefferson County residents. The proposed site-specific amendment meets concurrency requirements for transportation and does not adversely affect adopted level of service standards for other public facilities and services The proposal meets concurrency requirements for transportation. The proposed site-specific amendment is consistent with the goals, policies, and implementation strategies of the various elements of the Comprehensive Plan The proposed amendment is consistent with the goals, policies and implementation strategies of the various elements of the Comprehensive Plan. The proposed site-specific amendment will not result in probable significant adverse impacts to the county’s transportation network, capital facilities, utilities, parks, and environmental features that cannot be mitigated, and will not place uncompensated burdens upon existing or planned service capabilities The proposed amendment will not result in significant adverse impacts to the transportation network, capital facilities, utilities, parks or environmental features. In the case of a site-specific amendment to the land use map, that the subject parcels are physically suitable for the requested land use designation and the anticipated land use development, including but not limited to access, provision of utilities and compatibility with existing and planned surrounding land uses Not applicable. Cumulative Impact Analysis - MLA06-85: Port of Port Townsend, continued 2-13 UDC Criterion Staff Evaluation The proposed site-specific amendment will not create a pressure to change the land use designation of other properties, unless the change of land use designation for other properties is in the long-term best interests of the county as a whole The proposal will not create a pressure to change the land use designation of other properties. The proposed site-specific amendment does not materially affect land use and population growth projections that are the bases of the Comprehensive Plan The proposal does not materially affect the land use and population growth projections that are the basis of the comprehensive plan. If within an unincorporated urban growth area (UGA), the proposed site-specific amendment does not affect the adequacy or availability of urban facilities and services to the immediate area and the overall UGA The proposed amendment is not located within an area that is currently under review for UGA designation. The proposed amendment is consistent with the Growth Management Act (RCW 36.70A), the County-wide Planning Policies for Jefferson county, any other applicable interjurisdictional policies or agreements, and any other local, state or federal laws The proposed amendment meets the requirements GMA and the Jefferson County Comprehensive Plan. Following is environmental analysis presented in the format of the Non-Project Action Supplemental Sheet to the Environmental Checklist developed by the Department of Ecology pursuant to the State Environmental Policy Act (SEPA). Discussion of each change according to questions set forth in SEPA Rules: Section D. Supplemental Sheet for Nonproject Actions Question #1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? The proposal would not likely increase discharge to water, emissions to air or production of noise. Question #2 How would the proposal be likely to affect plants, animals, fish, or marine life? The proposal would not affect plants, animals, fish, or marine life. Question #3 How would the proposal be likely to deplete energy or natural resources? The proposal would not be likely to deplete energy or natural resources. Question #4 How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands. The proposal is not likely to affect environmentally sensitive areas. A critical areas aquifer recharge area (SARPA+SUSC) is identified on part of the parcel. Any issues would have to be resolved in the land division process. 2-14 Question #5 How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? The proposal is not likely to affect shoreline. Question #6 How would the proposal be likely to increase demands on transportation or public services and utilities? The proposal is unlikely to generate any noticeable additional demand for public services. Question #7 Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. No conflict should be apparent. The proposal will be used for buffer. 2.3.2.1.3 Staff Recommendation Staff recommends approval of the proposed site-specific amendment. 2.3.2.2 Cumulative Analysis of Requests for Change from Airport Essential Public Facilities to Rural Residential The proposed AEPF to RR amendment in this report will not undermine the overall purpose of the rural residential land use scheme within the 1998 Comprehensive Plan. 2.3.3 Requests for Change from Rural Residential Designation to Rural Commercial Requests for changes for a rural residential land use designation to a rural industrial or rural commercial designation are subject to Comprehensive Plan goals and policies contained at Land Use Goal (LNG) 5.0 on page 3-70. GOAL: LNG 5.0 Establish and maintain the location and size of the County’s Rural Crossroads to provide access to a limited range of non-residential uses. POLICIES: LNP 5.1 All rural commercial lands shall be designated based on the provisions of the Growth Management Act (RCW 36.70A). LNP 5.2 Designate the following historic crossroads as Convenience Crossroads (CC) as shown on the Land Use Map: Nordland, Beaver Valley, and Wawa Point. LNP 5.2.1 Designation is based on the criteria in the Growth Management Act and the following additional criteria: a. Consists of a single commercial property; and b. Provides local rural population and commuting/traveling public with basic consumer goods and services. LNP 5.2.2 Limit uses and their scale within the designated boundary of each of the Convenience Crossroads to those involving basic consumer goods and services. 2-15 LNP 5.3 Designate the following historic crossroads as Neighborhood/Visitor Crossroads (NC) as shown on the Land Use Map: Chimacum, Discovery Bay, Four Corners, Gardiner, and Mats Mats. LNP 5.3.1 Designation is based on the criteria of the Growth Management Act and the following additional criteria: a. Multiple commercial properties; and b. Includes limited specialty goods and professional services; and c. Serves the local rural population and the commuting/traveling public. LNP 5.3.2 Limit uses and their scale within the designated boundaries of each of the designated Neighborhood/Visitor Crossroads to those involving basic consumer staples with a limited range of goods and services and/or serving the commuting/traveling public. LNP 5.3.3 Encourage affordable housing through the allowance of multifamily housing opportunities such as multifamily residential units, senior housing, and assisted living facilities, and manufactured/mobile home parks. LNP 5.4 Designate the following crossroads as General Commercial Crossroads (GC) as shown on the Land Use Map: SR 19/20 Intersection. LNP 5.4.1 Designation is based on the criteria in the Growth Management Act and the following additional criteria: a. Location at a major highway intersection near high density population in the Tri-Area; and b. Existing commercial uses meet limited regional and multiple community levels of service. LNP 5.4.2 Limit uses and the scale of those uses within each of the designated General Commercial crossroads to those involving an expanded range of commercial goods and services. LNP 5.4.3 Encourage affordable housing through the allowance of multifamily housing opportunities such as multifamily residential units, senior housing, assisted living facilities, and manufactured/mobile home parks. LNP 5.5 Ensure visual compatibility and traditional design elements for Rural Crossroads commercial infill development with the surrounding rural area through the creation and implementation of community based design and development standards. Uses within Rural Crossroads shall be scaled and sized to protect the rural character of the natural neighborhood. Growth Management Act Criteria In addition to these Comprehensive Plan criteria, specific provisions of the Growth Management Act guide the designation of “limited areas of more intensive rural development” (LAMIRDs) outside of Urban Growth Areas. Pursuant to the GMA [see RCW 36.70A.070(5)(d)(iv)] Jefferson County must adopt measures to minimize and contain existing areas or uses within LAMIRDs and those areas shall not extend beyond the logical outer boundary (LOB) of LAMIRDs. While LAMIRDs must be delineated predominantly by the pre-July 1, 1990 built environment they may also include undeveloped lands if limited in order to prevent further low-density sprawl. The GMA sets out four issues that must be addressed in establishing the LOB in addition to respecting the predominance of the 1990 built environment: • The need to preserve the character of existing natural neighborhoods and communities; • Physical boundaries such as bodies of water, streets and highways, and landforms and contours; 2-16 • The prevention of abnormally irregular boundaries; and • The ability to provide public facilities and services in a manner that does not permit low-density sprawl. The three proposals for rural commercial and industrial changes will be reviewed consistent with these criteria. A general description, criteria review, and staff recommendation for each proposal is given below: 2.3.3.1 Reference Number: MLA06-77 (Brown & DCD) Reference Number: MLA06-77 Applicant: Eugene Brown & DCD Assessor Parcel Number(s): 961803402 Location: Irondale Rd. 2.3.3.1.1 General Description and Environmental Information The Irondale Store is a parcel approximately 0.70 acres in size with built environment from a gas station/convenience store that had ceased operation in the mid-1980s. Public water is available to the site. The parcel is currently zoned Rural Residential 1:5 and is within the Urban Growth Area (UGA) boundary. The applicants applied for this rezone in 2002 and the amendment was included in the 2002 Comprehensive Plan docket in lieu of UGA planning. Under the code all site-specific amendments are to be docketed. Currently the County is developing a Capital Facility plan for sewer that will guide the urban land use designations that may change the boundaries of the UGA. Designation as a rural commercial Neighborhood Crossroads is consistent with the Growth Management Act RCW 36.70A.070 (5) (d) i as a Limited Area of More Intensive Rural Development (LAMIRD). The request would change the current land use designation for 961-803-402, a 0.72-acre parcel located at 731 Irondale Road in Port Hadlock, from RR to Convenience Crossroads, a rural commercial zone. This request was originally filed by the landowners in 2001 under MLA01-224 and suspended at that time in the context of ongoing Urban Growth Area planning. 2.3.3.1.2 Cumulative Impact Analysis Pursuant to JCC §18.45.080 (1) (b), the Planning Commission and Board of County Commissioners shall develop findings and conclusions that consider specific criteria. Those criteria, and staff evaluations, follow. Cumulative Impact Analysis - MLA06-77: Brown & DCD UDC Criterion Staff Evaluation Whether circumstances related to the proposed amendment and/or the area in which it is located have substantially changed since the adoption of the Comprehensive Plan The subject property is going to be evaluated for sewer service during the ongoing Urban Growth Area (UGA) planning. The property owners applied for a Comprehensive Plan amendment in 2001 that was not docketed in lieu of UGA planning. Despite the County’s commitment to establishing an Urban Growth Area and planning for sewers, we cannot guarantee that specific areas will be included until the planning is complete. The property meets all of the criteria under RCW 36.70A.070(5)(d)i for a Limited Area of More Intense Rural Development (LAMIRD) and meets the criteria listed in the Comprehensive Plan and Unified Development Code for Convenience Crossroads. Whether the assumptions upon which the Comprehensive Plan is based are no longer valid, or whether new information is available which was not considered during the adoption process or any annual amendments to the Jefferson County Comprehensive Plan The assumptions are still valid, and the case law involving the Growth Management Act is more mature and more clearly defined than when the Comprehensive Plan was originally adopted. 2-17 Cumulative Impact Analysis - MLA06-77: Brown &DCD, continued UDC Criterion Staff Evaluation Whether the proposed amendment reflects current widely held values of the residents of Jefferson Count This amendment reflects the values established in the Jefferson County Comprehensive Plan. There will be ample opportunity for the residents of Jefferson County to submit comments regarding the proposed amendment. The proposed site-specific amendment meets concurrency requirements for transportation and does not adversely affect adopted level of service standards for other public facilities and services This proposal meets concurrency requirements for the transportation network. The proposed site-specific amendment is consistent with the goals, policies, and implementation strategies of the various elements of the Comprehensive Plan The proposal is consistent with the Jefferson County Comprehensive Plan LNP 5.2.1 guiding the designation of Convenience Crossroads. The proposed site-specific amendment will not result in probable significant adverse impacts to the county’s transportation network, capital facilities, utilities, parks, and environmental features that cannot be mitigated, and will not place uncompensated burdens upon existing or planned service capabilities The proposal is consistent with the Jefferson County Comprehensive Plan LNP 5.2.1 guiding the designation of Convenience Crossroads. In the case of a site-specific amendment to the land use map, that the subject parcels are physically suitable for the requested land use designation and the anticipated land use development, including but not limited to access, provision of utilities and compatibility with existing and planned surrounding land uses The parcel is already developed. Access to the transportation network already exists and has power and public water serving the building. The proposed site-specific amendment will not create a pressure to change the land use designation of other properties, unless the change of land use designation for other properties is in the long-term best interests of the county as a whole There may be some pressure to designate other Convenience Crossroads or other LAMIRD designations. Jefferson County has established clear criteria written into the Comprehensive Plan that guides the designation of such properties that meets GMA. There are limited properties that could potentially take advantage of the LAMIRD criteria. Designating such properties could allow for more goods and services to be offered locally. The proposed site-specific amendment does not materially affect land use and population growth projections that are the bases of the Comprehensive Plan The proposal does not affect the population growth projections. If within an unincorporated urban growth area (UGA), the proposed site-specific amendment does not affect the adequacy or availability of urban facilities and services to the immediate area and the overall UGA The proposed redesignation is located within a proposed UGA. The proposal would not affect the adequacy of urban facilities and services to the proposed UGA. The proposed amendment is consistent with the Growth Management Act (RCW 36.70A), the County-wide Planning Policies for Jefferson county, any other applicable interjurisdictional policies or agreements, and any other local, state or federal laws The proposed amendment meets the requirements of RCW 36.70A.070 (5) (d) i for LAMIRDs and Countywide Planning Policies in particular #8 Policy On Rural Areas. The character of the rural area will not be affected by redesignating this property. Following is environmental analysis presented in the format of the Non-Project Action Supplemental Sheet to the Environmental Checklist developed by the Department of Ecology pursuant to the State Environmental Policy Act (SEPA). 2-18 Discussion of each change according to questions set forth in SEPA Rules: Section D. Supplemental Sheet for Nonproject Actions Question #1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? The proposal is not likely to increase discharge to water or produce other environmental impacts. Question #2 How would the proposal be likely to affect plants, animals, fish, or marine life? The proposal would not likely affect wildlife or plants. Question #3 How would the proposal be likely to deplete energy or natural resources? The proposal is unlikely to substantially deplete energy or natural resources. The proposal will use more electricity to operate the store. Question #4 How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands. Approximately 1/3 or the parcel indicates costal SIPZ. No high chloride wells are identified. Any issues would have to be resolved in the land division process. Question #5 How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? The subject property is not within shoreline. Question #6 How would the proposal be likely to increase demands on transportation or public services and utilities? The proposed should relieve demands on public transportation by providing a walk able destination for the Ironedale neighborhood. Question #7 Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. The proposal meets the requirements of RCW 36.70A.070 (d) (i). The parcel clearly meets the July 1, 1990 “built environment’ LAMIRD criteria. 2.3.3.1.3 Staff Recommendation Approve the proposed rezone. The proposed amendment meets the requirements of RCW 36.70A.070 (5) (d) i for LAMIRDs. The character of the rural area will not be affected by the redesignation of this property. 2.3.3.2 Cumulative Analysis of Requests for Change from Rural Residential Designation to Rural Commercial There may be some pressure to designate other Convenience Crossroads or other LAMIRD designations. However, there are limited properties that could potentially take advantage of the LAMIRD criteria. The property meets criteria under RCW 36.70A.070(5)(d)i for a (LAMIRD and meets the criteria listed in the Comprehensive Plan and Unified Development Code for Convenience Crossroads. 3-1 3 Supporting Record, Analyses, and Materials The table below lists existing environmental documents and other documents and information utilized for the development of this 2004 Comprehensive Plan Amendment Docket DCD Staff Report and SEPA Addendum. This report supplements information presented in prior environmental documents prepared for adoption of the Comprehensive Plan, other legislative actions, and other County decisions and activities. DATE DOCUMENT DOCUMENT EVALUATED September 27, 1978 Draft Environmental Impact Statement (DEIS) Proposed Comprehensive Plan (pre- GMA) January 2, 1979 Final EIS (FEIS) Proposed Comprehensive Plan December 21, 1992 Countywide Planning Policies (Res. No. 40-99) February 14, 1994 DEIS Draft Implementing Ordinance for 1979 Comprehensive Plan March 1, 1995 Existing Conditions Alternatives for establishing GMA Comprehensive Plan February 24, 1997 DEIS Comprehensive Plan - February 24, 1997 draft May 27, 1998 FEIS Proposed Comprehensive Plan August 3, 1998 Staff Responses to Questions Proposed Comprehensive Plan January 26, 1999 Land Use Inventory Report Part of Special Study January 26, 1999 Regional Economic Analysis / Forecast Part of Special Study June 30, 1999 Draft Supplemental EIS (DSEIS) Comprehensive Plan 1999 Amendments (Task III of Tri- Area/Glen Cove Special Study) August 18, 1999 Final Supplemental EIS (FSEIS) with addenda Comprehensive Plan 1999 Amendments (Task IV of Tri- Area/Glen Cove Special Study) June 11, 2001 Special Study Final Decision Document November 2001 Tri-Area UGA Capital Facilities Special Study August 21, 2002 Integrated Staff Report & DSEIS 2002 Comprehensive Plan Amendment Docket November 25, 2002 Integrated FSEIS 2002 Amendment Docket December 2002 Final decisions, findings, ordinances, and conditions 2002 Amendment Docket February 13, 2003 Memorandum to Planning Commission Agricultural Lands policy and regulation April 28, 2003 Ordinance No. 05-0428-03 and all documentation for MLA03-485 Amendments to UDC concerning Agricultural Lands August 6, 2003 Integrated Staff Reports & SEPA Addenda 2003 Amendment Docket February 2004 Water System Plan Vol. 2: Public Utility District #1 of Jefferson County Depicts Bywater Bay Water System (Fig. 1.1) approved by DOH Feb. 2005 2004 Staff analysis and environmental review for Urban Growth Area (UGA). MLA04-29 & 30: UGA plans, goals, policies, maps, and regulations. September 22, 2004 Integrated Staff Report & SEPA Addendum 2004 Amendment Docket, including “2004 Update” required by GMA August 3, 2005 Integrated Staff Report & SEPA Addendum 2005 Amendment Docket 4-1 4 Distribution List Copies mailed or delivered to: Notification of availability emailed or mailed to: Jefferson County: State Agencies: Planning Commission members (9 persons) Department of Natural Resources (Anne Sharar & SEPA Review) Board of County Commissioners (3 persons) Department of Transportation (Bill Wiebe & SEPA Review) Prosecuting Attorney’s Office Department of Health (John Aden) Department of Public Works Department of Social & Health Services (Elizabeth McNagny) Department of Health & Human Services Natural Resources Division Department of Corrections (Rebecca Barney) Jefferson County Library at Port Hadlock State Agencies: Department of Fish & Wildlife (Steve Penland, Tim Rymer, Jeff Davis & SEPA Review) Dept. of Community, Trade and Economic Development: Growth Management Services Department of Ecology (GMA Review) Department of Ecology SEPA Unit Puget Sound Action Team (Harriet Beale and John Cambalik)) Notification of availability emailed or mailed to: Parks & Recreation Commission (Bill Koss) Jefferson County: Interagency Committee for Outdoor Recreation (Lorinda Anderson) All other County departments not listed above Local Agencies & Organizations: City of Port Townsend Jefferson County Public Utility District #1 Other Interested Parties: Port of Port Townsend Jefferson County Conservation District Washington Environmental Council Washington Association of Realtors Olympic Environmental Council Wild Olympic Salmon North Olympic Salmon Coalition People for a Livable Community Point-No-Point Treaty Council Port Gamble S’Klallam Tribe Jamestown S’Klallam Tribe Skokomish Tribe Hoh Tribe Port Townsend & Jefferson County Leader Peninsula Daily News Forks Forum 5-1 5 Appendices Item 1: Legal Notice published July 17, 2006 Item 2: MLA 06-01 (Bell) Item 3: MLA 06-74 (Austin) Item 4: MLA 06-77 (Brown & DCD) Item 5: MLA06-85 (Port of Port Townsend) 5-2 5.1 ITEM 1: LEGAL NOTICE (JULY 17, 2006) NOTICE OF INTENT TO AMEND COMPREHENSIVE PLAN AND NOTICE OF ADOPTION OF EXISTING ENVIRONMENTAL DOCUMENTS AND AVAILABILITY OF SEPA ADDENDUM AND NOTICE OF PUBLIC HEARING BEFORE THE JEFFERSON COUNTY PLANNING COMMISSION ON 2006 COMPREHENSIVE PLAN AMENDMENT DOCKET Pursuant to the Washington State Growth Management Act (GMA) and State Environmental Policy Act (SEPA), Jefferson County is issuing an integrated GMA/SEPA document per WAC 197-11-210 through 197-11-235 in relation to four of the five (5) site-specific amendments to the Jefferson County Comprehensive Plan that constitute all items on the final docket of the 2006 annual Comprehensive Plan amendment cycle, except one, a proposed Master Planned Resort in Brinnon. That fifth and final item on the docket will be reviewed separately at first, then integrated into the full docket later in the year. Jefferson County has determined that it is the appropriate SEPA lead agency for the proposal. Adoption of any Comprehensive Plan amendment on the 2006 docket would be a non-project action under SEPA, Chapter 43.21C RCW. Following are brief descriptions of each of the four (4) proposed amendments to the Comprehensive Plan that are the subject of this notice. Each case has a Master Land Use Application (MLA) file number and Assessor's Parcel Number (APN) for reference: 1. MLA06-01 proposed by Arthur D. Bell, on behalf of Jeanne M. Bell and Raymond Anibas, requesting the following: 1) Change the current land use designation of Parcel Number 001-201- 004, a 12.5-acre parcel located at 1530 Discovery Road, Port Townsend, from Rural Residential (RR) one dwelling unit per ten acres (1:10) to RR 1:5. 2. MLA06-74 proposed by Drew Austin, on behalf of Cleo Austin, requesting the following: 1) Change the land use designation of 001-081-002, a 30-acre parcel located at 841 S. Jacob Miller Road in Port Townsend, from RR 1:20 to RR 1:5. 3. MLA06-77 proposed by Eugene Brown and DCD requesting the following: 1) Change the current land use designation for 961-803-402, a 0.72-acre parcel located at 731 Irondale Road in Port Hadlock, from RR to Convenience Crossroads, a rural commercial zone. This request was originally filed by the landowners in 2001 under MLA01-224 and suspended at that time in the context of ongoing Urban Growth Area planning. 4. MLA06-85 proposed by Port of Port Townsend requesting the following: 1) Change the current land use designation of 001-331-011, a 2.5-acre parcel located adjacent to the Jefferson County International Airport at the southwest corner of State Route 19 and Woodland Drive in Port Townsend, from Airport Essential Public Facility (AEPF) to RR. GMA Notice: This document serves as the 60-day notice of intent to amend the Jefferson County Comprehensive Plan and is being circulated per WAC 365-195-620 to State agencies on the list provided by the Washington State Office of Community Development of agency representatives responsible for reviewing proposed amendments to comprehensive plans. 5-3 Adoption of Existing Environmental Documents and Notice of Availability of SEPA Addendum: The document also serves as a notice of adoption of existing environmental documents and notice of availability of a formal SEPA document, an Addendum, pursuant to SEPA rules (Chapter 197-11 WAC). After review of the docket and existing environmental documents, the SEPA Responsible Official at the Department of Community Development (DCD) has determined that existing environmental documents, augmented by the integrated SEPA Addendum, provide adequate environmental review to satisfy the requirements of WAC 197-11-600 with regard to consideration of four of the five amendment proposals on the 2006 Docket. [The fifth proposal, a Master Planned Resort in Brinnon, will require an Environmental Impact Statement.] A Staff Report offering recommended action on these four Comprehensive Plan amendments has been integrated with a SEPA Addendum per WAC 197-11-235. In accordance with WAC 197-11- 630, there is no new SEPA-specific public comment period in conjunction with this adoption notice. However, DCD and the Planning Commission are accepting general comments on the merits of these suggested amendments as detailed below. The following existing environmental documents are being adopted: • 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. • 2004 Comprehensive Plan Amendment Docket Department of Community Development Integrated Staff Report and SEPA Addendum issued September 22, 2004. Other relevant documents have been incorporated by reference in the combined Staff Report and SEPA Addendum. Planning Commission Public Hearing: NOTICE IS HEREBY GIVEN that the Jefferson County Planning Commission will hold a public hearing to take oral comment on these four Comprehensive Plan amendments. The public hearing will occur on Wednesday, August 2, 2006 beginning at 6:30 PM at the WSU Community Learning Center, Shold Business Park, 201 W Patison, Port Hadlock. A public hearing on the Brinnon Master Planned Resort proposal will be held later in the year, most likely in September. Public Comment Period: The Planning Commission and DCD will accept written comments on the merits of these suggested amendments through close of the public hearing, August 2. Any written comments on these suggested amendments submitted after the close of the public hearing will be forwarded to the Board of County Commissioners (BoCC) for consideration in its legislative decision. The BoCC may hold a public hearing before taking action on the final docket. (Formal notice would appear in the newspaper of record.) Written comments on the proposals may be submitted to DCD at 621 Sheridan Street, Port Townsend WA 98368 or via email to planning@co.jefferson.wa.us. Availability of Documents: For more information or to inspect or request copies of the original applications for the proposed amendments, the Integrated Staff Report and SEPA Addendum, the adopted existing environmental documents or other related information, contact DCD Long-Range Planning at the mail or email addresses above, by phone at (360) 379-4450, or visit the 2006 Comprehensive Plan amendment cycle webpage, where documents and notices are posted in Portable Document Format. The 2006 Docket webpage can be accessed through the Jefferson County homepage: http://www.co.jefferson.wa.us. 5-4 5-5 5.2 ITEM 2: MLA06-01 BELL 5-6 5.3 ITEM 3: MLA06-74 AUSTIN 5-7 5.4 ITEM 4: MLA06-77 BROWN AND DCD 5-8 5.5 ITEM 5: MLA06-85 PORT OF PORT TOWNSEND 5-9