HomeMy WebLinkAbout15 1213 02
STATE OF WASHINGTON
County of Jefferson
AN ORDINANCE APPROVING
REVISIONS TO THE BOUNDARY
OF THE GLEN COVE 'LIMITED AREA OF
MORE INTENSIVE RURAL
DEVELOPMENT' LOCATED WITHIN
UNIN CO RPO RATED JEFFERSON COUNTY
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} ORDINANCE NO. 15-1213-02
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WHEREAS, the Board of Jefferson County Commissioners ("the Board") has, as
required by the Growth Management Act or "GMA," a state statute codified at Chapter 36,70A
RCW, adopted a CP through and by Resolution No, 72-98 on August 28, 1998 and as
subsequently amended by Resolution 27-00 and Ordinance #08-1224-01, and;
WHEREAS, as mandated by the Growth Management Act, the Board has reviewed and
unanimously approved this Ordinance which amends the Land Use Map, which is part of the
Jefferson County1998 CP, and;
WHEREAS, the Board makes the following Findings of Fact:
The County adopted its CP (or "CP") in August 1998 and its development regulations or
UDC in December 2000,
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The GMA permits the creation of certain intensive development in areas that would
otherwise be rural ("rural" is generally defined in the GMA as anything that is neither
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urban nor resource land) as part of a GMA-compliant zoning and regulating scheme,
In rural areas, these "limited areas of more intensive rural development," known by the
acronym "LAMIRD's," are created pursuant to and must comply with the criteria laid out
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in RCW 36,70A070(5)(d),
Glen Cove, an area of light industrial development that has been in place since before the
GMA was made state law in 1990, is precisely such a LAMIRD and is located in the
northeastern section of the unincorporated county, It is located next to the County's sole
heavy industry, the paper mill of the Port Townsend Paper Company, a mill in operation
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since the 1920's,
Jefferson County was one of the first jurisdictions to utilize the LAMIRD provisions
contained at RCW 36,70A070(5)(d) during the adoption of its CP in 1998 and, as such,
Ordinance No, 15-1213-02: Revisions to the Boundary of the Glen Cove "LAMIRD"
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had little to rely on in terms of case law or agency guidance with respect to the
establishment of rural commercial and industrial areas,
With this in mind, the county took a conservative approach to designating these areas and
further identified these boundaries as "interim" with the stated intent to revisit the
boundaries upon completion of the Tri-Area/Glen Cove Special Study (see, for example,
page 3-28 of the CP), which is described in more detail below,
The Glen Cove LAMIRD currently consists of 69 acres within what is commonly known
as the "tight-line" boundary,
Some 200+ other acres in the Glen Cove region that were once zoned rural commercial
( or its pre-GMA equivalent) before the County adopted its CP were rezoned to the less
intense use known as rural residential when the County's CP and its associated Land Use
Map were adopted by this Board,
Creation by this Board of the 69 acre LAMIRD at Glen Cove was never challenged or the
subject of a Petition For Review and thus the current Glen Cove LAMIRD is and remains
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GMA-compliant.
This reexamination of and revision to the boundaries of the Glen Cove LAMIRD is
appropriate at this time because certain events internal to the County as well as events
external to the County have occurred, However, there is much background information
relating to Glen Cove that must be listed here to gain the proper understanding of why
this reexamination is now appropriate,
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The CP adopted by this Board stated that the boundaries of the Glen Cove LAMIRD and
the other rural commercial districts (which are also all LAMIRD' s) were interim in
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nature, i,e" subject to revisiting and reexamination if certain preconditions were met.
The CP, specifically Land Use Policy 1.4, states that the boundaries of the Glen Cove
LAMIRD were and are interim in nature,
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The CP also included an express precondition that needed to be completed before the
interim boundaries of the Glen Cove LAMIRD could be revisited and reexamined,
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That express precondition was the completion of the "Glen Cove/Tri-Area Special
Study," ("the Special Study") which included six tasks primarily focused on
macroeconomic questions such as what growth rate in jobs Jefferson County could or
should expect between now and the year 2016, the year that happens to mark the end year
of the 20-year CP planning cycle, as mandated by the GMA.
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Ordinance No, 15-1213-02: Revisions to the Boundary of the Glen Cove "LAMIRD"
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As a matter of fact, the CP states that revisiting of the Glen Cove LAMIRD boundaries
shall occur upon the completion of the Special Study, In other words, this revisiting and
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reexamination is, pursuant to the CP, mandatory,
The relevant Land Use Goal or "LNP" is LNP 1,4, which states that all of the
"commercial land use designations countywide and the Glen Cove and Port Townsend
Paper Mill industrial designations shall be interim designations that shall be revisited
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upon completion of the Tri-Area/Glen Cove Study," (CP, p, 3-65, 3-66),
It was the City of Port of Townsend, through its governing body, which insisted that the
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County's CP include the language which made revisiting of the Glen Cove LAMIRD
boundary mandatory once the Special Study was complete,
The City of Port Townsend, at the time it adopted its Comprehensive Plan, considered
Glen Cove a potentially suitable subject for annexation into the City, i,e" into the UGA
that is and was the City,
The City of Port Townsend also asked, in and around the time that the County was
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adopting its CP in August 1998, that the County limit the building size (or footprint)
within Glen Cove to 20,000 square feet. The County agreed to this footprint maximum,
The City of Port Townsend is now considering an amendment to its Comprehensive Plan
that would remove any and all references that describe Glen Cove as part of the UGA that
is the City of Port Townsend,
While there have many options considered for the future of Glen Cove, it appears for the
future that it will be a LAMIRD with permanent boundaries, The permanent boundary
for this LAMIRD has been and is being revised by this Ordinance to be 51 acres larger
than the 1998 "tightline" Glen Cove boundary,
Since the final year of the 20 year planning horizon contemplated and included in this
County's CP is 2016, a year that is 14 years into the future, it is impossible to state with
absolute certainty what the status of Glen Cove will be in 2016,
One of the reasons that the County has chosen to keep Glen Cove in LAMIRD status is
the conclusion reached in a report entitled "Glen Cove Land Use Options: A Strategic
Analysis," which was prepared by an outside consulting firm known as EarthTech,
EarthTech concluded that the LAMIRD option was most suitable for this County,
The conclusion of that EarthTech report was received and accepted by this Board in
September 2001,
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On December 3, 2001 the final tasks related to the Special Study were delivered to the
Board of County Commissioners and the Special Study was deemed complete,
On that same date, through a formal motion unanimously approved by the elected
Commissioners, this Board made clear their intent that the Glen Cove area would remain
a LAMIRD, although the LAMIRD boundary would be reexamined, since the CP
mandates that reexamination,
This recommendation is intended to provide further information to the Board of County
Commissioners regarding the Glen Cove Light Industrial/Commercial (LI/C) district
consistent with policy language in the CP contained at Land Use Policy 11.3.2, which
mandates that the Glen Cove boundary will be revisited through the CP amendment
process AND in a manner consistent with LNP 1.4 after the Special Study is done,
The policy decision of this Board to retain Glen Cove as a LAMIRD with a permanent
boundary is also based, in part, upon at least one written decision handed down by the
Western Washington Growth Management Hearings Board (or "WWGMHB") during
2001 that has clarified the scope and applicability of the statutory provisions relating to
LAMIRD's,
Thus, the external event described in the prior paragraph has coincided with an internal
event, i,e" the completion of the Special Study, and those events in combination have
affected the eventual outcome of the mandatory revisiting of the interim LAMIRD
boundaries called for by this County's Cp,
This will be the FIRST time the County has decided upon LAMIRD boundaries for Glen
Cove after the decision that redefined "built environment," a term of art in the GMA
Separately, the completion of the six-part Special Study means that there are no longer
any procedural obstacles found in this County's CP to re-examining the Glen Cove
LAMIRD boundary,
The record established by this County in support of the 1998 adoption of its CP shows
that when the County adopted its interim "tightline" LAMIRD boundary at Glen Cove it
chose to utilize above ground structures (i, e, buildings) as the key (or only) determinant
in deciding what did or did not comprise the "built environment."
Quite crucially, however, recent clarification by the WWGMHB has expanded and
revised this definition, According to the WWGMHB, the "built environment" as it
relates to RCW 36,70A070(5)(d):
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". . . means only those facilities which are 'manmade,' whether they are above or below
ground" Durland et al. V San Juan County (Case No. 00-2-0062c, Final Decision and
Order issued May 7,2001.)
The Board asked its planning staff to examine and analyze existing infrastructure in the
Glen Cove area based on this expanded definition of"built environment."
At present, Glen Cove is currently designated as Light Industrial/Commercial (LI/C) in
the CP with uses and development standards consistent with this designation contained in
the Unified Development Code (UDC) ,
The principal uses allowed inside the Glen Cove LAMIRD are light industrial "with an
allowance for commercial and retail uses that are directly associated with a light
industrial use," These commercial uses are envisioned as those serving the industrial
employees of Glen Cove and are not intended for urban or regional commercial uses that
serve a broader range of the County's residents or the traveling public,
Much of the area has already been platted for development, including roads and road
rights-of-way,
The area is served by a public water system (formerly by the Public Utility District No, 1
and now by the City of Port Townsend) but relies on on-site septic systems, roads of rural
character and storm water drainage facilities,
The Glen Cove Light Industrial area is the logical outgrowth of planning that began well
before the establishment of the Growth Management Act.
The County's 1979 CP provided direction for industrial development through the
following somewhat broad goal:
Provide for industrial expansion in Jefferson County for the net benefit of
County residents
The first policy intended to implement this goal states:
New industry should be located either adjacent to existing industrial development, or in
planned industrial parks which afford neighboring properties protection from noise,
vibration, drainage, dust, excessive traffic, view blockage, etc (see Policy # 1, page 56).
Consistent with this policy direction, the Glen Cove Industrial area was located
immediately west of Port Townsend Paper Mill, an established heavy industrial use in
Jefferson County since the 1920s,
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Glen Cove is heavily influenced by the impacts associated with this established industrial
use, Most notably the area is characterized by increased traffic flow due to mill activity
and odors related to the processing of paper products (locally referred to as the mill
plume),
The first discussion of the Glen Cove area as a formal industrial area appeared in County
draft documents related to the establishment of policies to guide development along
Highway 20, A May 1986 draft of this policy document makes reference to the Glen
Cove Industrial area, This reference was carried forward to the final version of the
Highway 20 Corridor Policies, which were adopted by the Board of County
Commissioners in 1988,
These policies established a regulatory framework for development along Highway 20
between the Port Townsend city limits and Old Fort Townsend Road, Policy direction
contained in this document addressed setback and buffer requirements, road access,
outside storage, drainage, signs, and parking, Narrative language within the document
explicitly discusses the Glen Cove Industrial area:
Efforts have been made to accommodate commercial and industrial
activities within the corridor over the past several years. The Glen Cove
Industrial area with its frontage road (Otto Street), dedicated buffer,
controlled access, and water utility provisions is the primary example
(Highway 20 Corridor Policies, 1988, 1).
Establishment of the Glen Cove Industrial area followed a deliberative process that was
consistent with the existing CP and policy direction provided through the Highway 20
Corridor Policies,
As noted above, the first distinct regulatory boundary for the Glen Cove area was
established through the "Highway 20 Corridor Policies" adopted by the Board of County
Commissioners on June 21, 1988,
This same boundary was further refined as a
regulatory tool and was adopted as a distinct "light industrial" zone on January 27, 1992,
This Board adopted a similar boundary, with minor refinements, on August 22, 1994 as
the "Highway 20 Corridor Light Industrial/Commercial" zone, The 1994 boundary
continued to be in effect until the adoption of the CP on August 28, 1998,
At the time of CP adoption an "interim" boundary was established that significantly
reduced the Glen Cove area in order to strive towards compliance with the Growth
Management Act.
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For the purposes of LAMIRD designation, RCW 36,70A(5)(d)(v)(A) requires that only
an existing area or use in existence as of July 1, 1990 can be deemed a LAMIRD,
While reference to the Glen Cove Industrial area contained in the 1988 Highway 20
Corridor Policies provides narrative and anecdotal support for this Board's assertion that
the Glen Cove area existed prior to July 1, 1990, this Board also realized it would need to
review further evidence in order to thoroughly analyze the 'logical outer boundary' [a
term of art found in the GMA statute] of the LAMIRD that is known locally as Glen
Cove,
In order to establish the logical outer boundaries of the Glen Cove LAMIRD Jefferson
County planning staff used the County's Geographic Information System (GIS), 1990
and 2000 aerial photos and Assessor's data,
For example, County planners overlaid a June 21, 1990 aerial photo with the existing
Glen Cove LI/C boundary, the Glen Cove Provisional Urban Growth Area Boundary
once contemplated by this Board, and the areas proposed for addition,
This Board, on March 12, 2002, saw a "Powerpoint" or slide show presentation where the
1990 aerial photo was overlaid with lines of differing colors representing the different
kinds of infrastructure, be it roads, three-phase power or water lines, that was in place
above or below ground in Glen Cove as of 1990,
For example, in this "Powerpoint" presentation water lines were in blue and the width of
the line at any particular location bore a rough proportionality to the diameter of the
water line at that location, i,e" a 10" water line was shown as a thicker blue line than was
a two inch (2") water line,
This Board also received a paper copy of a "Boundary Review Analysis" prepared by a
County planner. That document included an 11 page narrative as well the two maps
(1990 and 2000 aerial photos of the Glen Cove region) with all the various infrastructures
represented on those maps, and copies of the pre-GMA zoning maps,
Based on reference to air photos, an analysis of the below and above ground built
environment, and the criteria contained at RCW 36,70A070(5)(d)(iv) Jefferson County
has attempted to craft a boundary that complies with the constraints placed upon rural
commercial development through the GMA
Significant pre-1990 capital facility improvements exist in Glen Cove, and were
presumably placed there to support industrial development in that neighborhood or
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Ordinance No, 15-1213-02: Revisions to the Boundary of the Glen Cove "LAMIRD"
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regIOn,
These include water mains, roads and drainage improvements, three-phase
electrical power, existing utility corridors, and on-site septic systems in addition to above
ground structures, AIl of these facilities, whether above or below- ground, NOW qualify
as "built environment" according to the WWGMHB,
The assertions related to pre-1990 infrastructure such as water lines, roads and
stormwater facilities and utilities are made in the context of the entire Glen Cove area,
The existence of that pre-1990 infrastructure strongly make the case that significant
public and private expenditures were made before July 1,1990 with the goal of providing
industrial and manufacturing land use opportunities in an area that was in 1990 intended
(as shown through the 1979 Plan and the 1986 Highway 20 Corridor Plan) and suited
(because it is near the paper mill) for such uses,
The Glen Cove area is served by the Glen Cove Water System, which was originally
constructed by the Jefferson County Public Utility District (or "PUD # 1") in 1983, There
were initially 14 connections and the system has grown steadily since then to reach more
than 120 connections today, The current system is approved by the State Department of
Health for a maximum of 154 connections,
Recently the City of Port Townsend has acquired the eastern portion of the water system
within the area that includes the existing 69-acre Glen Cove LI/C zone and the areas
proposed for addition,
That water system includes a single pressure zone that receives water from the City of
Port Townsend, It currently includes more than 16,000 lineal feet of distribution main
ranging in size from 2" to 12" in diameter. It provides water service to the entire Glen
Cove industrial area and from the service to the Glen Cove region there is a much smaller
(in diameter) 'spur' line that serves an adjacent residential area,
As of 1990 the larger-size water line came to a dead-end at the intersection of Otto Street
and Tahlequah Lane, One need merely examine Figure 4 to the "Glen Cove Boundary
Analysis" prepared by DCD staff and dated March 7, 2002
Of significant importance is the fact that the east side of Glen Cove and a portion of
Fredricks Street located west of Highway 20 are served by a 10" water line that pre-dates
the 1990 GMA measuring date for LAMIRDs, The water line in question was installed
prior to 1990 and extends from Glen Cove Road south along Otto Street branching off to
the west and crossing Highway 20 at Fredricks Street.
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It is of great importance that the water line of some 1 0" to 12" in diameter that was in the
ground prior to the measuring date of July 1, 1990 comes to a DEAD-END on West
Fredericks Street some 600 feet west of Highway 20,
This pre-1990 ten-inch (10") water line, or for that matter, any water line that is 10" or
more in diameter, is clearly sized to serve industrial rather than residential uses,
That there are DEAD-ENDS to these industrial-capacity water lines at a) the intersection
of Tahlequah Lane and b) West Fredericks Street west of Route 20 indicates that these
water lines were intended to serve the Glen Cove region and not some other more distant
region of the unincorporated county,
The members of this Board examined the extent of the 10" water main as it existed in
1990 during a workshop held on March 12, 2002,
The 1990 aerial photo also revealed to this Board that an established road network was in
place at the Glen Cove region before July 1, 1990, the GMA measuring date,
The road network indicates a deliberate attempt to provide restricted access from
Highway 20 into the Glen Cove Industrial area, Primary access to the east and west
portions of Glen Cove is provided by Fredricks Street, Seton Road and Old Fort
Townsend Road,
Seton Road and Old Fort Townsend Road provide controlled access from Highway 20 in
the southern portion of the Glen Cove area, In the eastern portion of Glen Cove, Otto
Street runs parallel to Highway 20 and also serves as a frontage road running north to
Glen Cove Road and south to Old Fort Townsend Road,
Of significant note is the fact that the Glen Cove area has available to it three-phase
power, and this Board saw the three-phase power lines as one of the overlays placed on
top of the 1990 aerial map of the Glen Cove region,
Three-phase power is typically required for more energy-intensive manufacturing and
light industrial uses and is typically not provided in residential areas,
The three-phase power available if requested in the Glen Cove area has been in existence
since the 1950's and currently serves numerous businesses and is able to be provided
upon property owner request. Existing underground infrastructure (PVC conduit) that
crosses Highway 20 below ground along Fredricks Street is sized to accommodate the
extension of three-phase power west of Highway 20,
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In sum, the Glen Cove region of Jefferson County, which includes more than merely the
land inside the existing Glen Cove LAMIRD boundary, is unique in at least four ways: it
is served by a) water lines in place that pre-date the 1990 'measuring date' that both
dead-end inside Glen Cove AND are larger than would be required if only residences
were seeking water connections from those water lines, b) a pre-1990 internal road
system that limits egress/ingress points to the nearby state highway, and c) its own
frontage road (Otto Street), Finally and fourthly, Glen Cove is located in close proximity
to pre-1990 three-phase power, a type of power not normally found in neighborhoods that
are solely rural residential.
Staff review of the June 21, 1990 aerial photo indicated that, in addition to significant
pre-1990 capital facilities improvements, the Glen Cove area is characterized by
approximately thirty industrial/commercial buildings that pre-date the GMA
These
buildings extend from the northernmost structure located at the intersection of Glen Cove
Road and Otto Street to the southernmost structure located at the intersection of Otto
Street and Seton Road,
The
Board
understands
that,
the
[ specifically
GMA
RCW
pursuant
to
36,70A070(5)(d)(iv)], this 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) ofLAMIRDs delineated ". . . . predominantly by the built environment,
but that may also include undeveloped lands. . . ." if limited in order to prevent further
low-density sprawl.
The GMA sets out four additional issues that must be addressed when establishing the
LOB of this or any other LAMIRD: a) the need to preserve the character of existing
natural neighborhoods and communities; b) Physical boundaries such as bodies of water,
streets and highways, and land forms and contours are to be followed or used and not
ignored; c) the boundaries chosen must prevent abnormally irregular boundaries; and d)
the boundary chosen must grant the local government creating the LAMIRD the ability to
provide public facilities and services in a manner that does not permit low-density sprawl.
Jefferson County proposes to create a new Glen Cove LAMIRD boundary that
encompasses approximately 120 acres and will have two internal zones,
The area inside the 1998 Glen Cove "tighline" will continue to be known as "Light
Industrial/Commercial. The approximately 51 acres that were not within the older
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Ordinance No, 15-1213-02: Revisions to the Boundary of the Glen Cove "LAMIRD"
"tightline" Glen Cove LAMIRD boundary but are in the 120 acre LAMIRD will be
designated as Light Industrial only, Associated commercial uses will not be permitted
upon these 51 acres, AIso part of this Ordinance is a prohibition against the
establishment of mini-storages within those 51 acres,
This is not a detailed description
of what is or is not permitted in those two internal zones that constitute the Glen Cove
LAMIRD ,
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During the last year the County has considered many different boundaries for the Glen
Cove LAMIRD,
This, of course, is in perfect compliance with the GMA, which asks
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that land use issues be iterated, reiterated and reiterated again,
There have been numerous reports and documents regarding what size and shape the
Glen Cove LAMIRD boundary should take, They are, in reverse chronological order:
.
November 6,2002 DCD staff report to the Board;
July 22, 2002 Department of Community Development letter to Board of
.
Commissioners
Regarding Glen Cove LAMIRD
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Glen Cove Boundary Revision: Proposed Implementation Strategy Version 1,1 dated
June 10,2002
.
The Nielsen Report prepared by William H. Nielsen and dated April 24, 2002
Glen Cove Boundary Analysis dated March 7,2002
.
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Glen Cove Land Use Options: A Strategic Analysis dated September 2001
Task VI: Tri-Area & Glen Cove Special Study Implementation Plan dated November
.
.
28,2001
Glen Cove/Tri-Area Special Study: Final Decision Document dated June 11, 2001
79,
As a result of the Boundary Analysis of March 7,2002, the City of Port Townsend, this
County's only UGA at present, and Jefferson County entered into an Interlocal
Agreement dated April 8, 2002 intent upon finding a resolution to the Glen Cove issue,
The main component of this agreement was to mutually retain an expert in GMA issues
to review and provide conclusions related to the County proposed boundary,
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William H. Nielsen, former member of the Western Washington Growth Management
Hearings Board, was retained for this analysis and submitted a report with his
conclusions on April 24, 2002,
He generally agreed with the boundary for the Glen
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Cove LAMIRD then being proposed by the County, which would have encompassed
about 138 acres, 69 inside the original 1998 "tightline" and 69 other acres located inside
the proposed LAMIRD boundary that would be zoned purely industrial.
Based, in large part, on his analysis and taking into account his recommendations,
Jefferson County proposed a further revised boundary [under this proposal the LAMIRD
would encompass 130 acres, including the original 69 acres] along with accompanying
UDC changes related to bulk and dimensional requirements in Glen Cove,
These changes were submitted to the Planning Commission as a component of the
Comprehensive Plan amendment process (File Number MLA02-329) and are also
contained in the document entitled Glen Cove Boundary Revision: Proposed
Implementation Strategy Version 1.1 dated June 10, 2002,
The city submitted specific comment on this newly proposed boundary and the
accompanying UDC changes through a July 9,2002 comment letter.
Based on city comment contained in their July 9, 2002 letter, Jefferson County staff
proposed further changes to the UDC standards related to development within Glen
Cove,
These recommendations were proposed through a July 22, 2002 letter from the
Department of Community Development to the Board of Commissioners,
The changes proposed through this letter are entirely contained within the August 21,
2002 Staff Report/Supplemental Environmental Impact Statement prepared for the 2002
Comprehensive Plan amendment cycle,
On September 4, 2002, the city submitted a comment letter making specific
recommendations related to the development standards in Glen Cove,
This revised recommendation takes into consideration these comments submitted by the
city in addition to the public testimony and comment received prior the October 1, 2002
Comprehensive Plan amendment comment deadline, Most substantively, this revised
recommendation proposes a new Glen Cove boundary that takes into account all
comments received to date,
This boundary continues to take into account all GMA requirements related to
establishing LAMIRDs as detailed below,
Pursuant to the GMA [see RCW 36,70A070(5)(d)(iv)] Jefferson County must adopt
measures to minimize and contain existing areas or uses within LAMIRDs and those
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areas shall not extend beyond the logical outer boundary (LOB) ofLAMIRDs, 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 pre-1990 built environment:
.
Preserving the character of existing natural neighborhoods and communities;
Respecting and considering physical boundaries such as bodies of water, streets and
.
.
highways, and land forms and contours;
Preventing abnormally irregular boundaries; and
.
Maintaining the ability to provide public facilities and services in a manner that does not
permit low-density sprawl.
In establishing the LOB for the Glen Cove boundary revision based upon the newly
issued definition of "built environment," Jefferson County is attempting to reexamine
the predominantly pre-1990 built environment and development in order to establish
final LAMIRD boundaries for Glen Cove,
This final staff recommendation on the Glen Cove boundary attempts to synthesize the
requirements of the GMA, citizen input, and city concerns related to the Glen Cove area,
As proposed, the boundary continues to take into account the recommendations made by
former Western Washington Hearings Board member William Nielsen as part of his
April 24, 2002 report,
These changes substantially address public input related to the boundary including
specific City of Port Townsend concerns expressed in their July 9, 2002 comment letter
related to two existing businesses located outside of the proposed Glen Cove boundary
revIsIon:
"We encourage the County to review the situation of several
local businesses, such as Frederickson Electric and
Timbercraft Homes, to see if their unique needs can be met.
One option might be to alter the Eastern "Logical Outer
Boundary" of the LAMIRD, but dropping equivalent acreage
at the corner of Highway 20 and Old Fort Townsend Road,
Depending on how that corner property is protected, this
might help promote the goal of preserving the highway 20
buffer, "
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Similar comments related to addressing the unique needs of these existing and operating
businesses were received during the Comprehensive Plan amendment comment period,
The unique nature of these properties stems from the fact that, in the case of
Frederickson Electric, the land was purchased from the county as light industrially zoned
property and the price at time of purchase reflected that industrial designation,
In the case of Timbercraft Homes, a one acre parcel in contiguous ownership with an
existing pre-1990 industrial use - Timbercraft Homes (currently within the existing Glen
Cove LI/C boundary) - was excluded from the proposed boundary, Based on submitted
comment and testimony, this parcel is intended for potential expansion of the
Timbercraft Homes manufacturing facility,
While the boundary itself has changed, staff believes that the revisions continue to meet
the spirit and intent of the Nielsen Report and the requirements of the GMA Especially
in light of the fact that the discrete amount of acreage proposed to be added in Glen
Cove is nominally equivalent to the acreage amount (49 acres excluding roads, rights-of-
way, water and the original 69 acres for a total of 118 acres) endorsed through the
Nielsen Report,
It is the opinion of staff that these changes are within the range of discretion provided in
the GMA and are consistent with RCW 36,70A070 as applied in Glen Cove, In
addition, city and county agreement on a proposed boundary would likely result in a
higher level of deference before the Western Washington Hearings Board,
The change from 130 to 118 acres for the Glen Cove LAMIRD, which was the
recommendation of the County's planning staff, has three discrete components,
The first component involves alteration to the southern extent of the boundary by
removing two parcels, Assessor Parcel Numbers 001212011 and 001212010, These two
southern most parcels, together totaling approximately 12 acres, are located between
Otto Street and State Route 20 directly across from the Elks Lodge and campground
area, These parcels currently contain no site improvements and were initially included
in the boundary to take advantage of the logical outer boundary provided by Old Fort
Townsend Road, This change further serves to address concerns related to the overall
length of the proposed light industrial zone and the inherent potential for strip
development.
14
Ordinance No, 15-1213-02: Revisions to the Boundary of the Glen Cove "LAMIRD"
102,
103,
104,
105,
106,
107,
While staff feels that the road setbacks and buffers contained in the UDC provide
adequate protection along this corridor, a more compact boundary nonetheless provides
for further protection, This change would essentially move potential light industrial
growth away from State Route 20 thereby minimizing the potential for visual impact to
this important corridor and contributing to the overall protection of rural character.
Specifically this change would reduce the total length of the proposed light industrial
district along State Route 20 by 750 linear feet.
Additionally, this change is intended to comply with the spirit and intent of both the
Nielsen Report and the Memorandum of Understanding between the city and county by
attempting to stay as consistent as possible with the amount of acreage recommended in
the Nielsen Report (49 acres excluding roads, public right-of-ways, plus, of course, the
original 69 acres),
The second component of the proposed change involves the addition of an approximately
one acre parcel located on the east side of Otto Street. Circumstances indicate that this
parcel was purchased at the same time as the parcel housing Timbercraft Homes for the
express purpose of future expansion, At the time of purchase both parcels were
designated light industrial. Based on these specific circumstances, this parcel was
reviewed by staff for potential inclusion within the revised Glen Cove boundary,
This one-acre parcel is located directly south of the existing Timbercraft Homes
manufacturing facility and north of the Elks Lodge parking lot. The Assessor Parcel
Number is 001212021. As reference to air photos and existing land use patterns
indicates, this property is located between two non-residential land uses and an additional
non-residential use (Fountain Fitness Health Club) is located to the west across Otto
Street.
Staff notes that while the eastern most boundary of this parcel is located adjacent to a
residential use, that residence is located approximately 400 feet away and actual physical
separation occurs based on the existence of a 100- foot wide utility corridor between the
parcel boundary and the actual residential structure, These physical features serve to
minimize the potential for future use conflict. In assessing this parcel for inclusion in the
revised boundary staff notes the specific requirements ofRCW 36,70A070(5)(d)(iv),
15
Ordinance No, 15-1213-02: Revisions to the Boundary of the Glen Cove "LAMIRD"
108,
109,
110,
111.
112,
113,
Inclusion of this parcel serves to preserve the character of the existing Glen Cove area,
which is predominantly light industrial.
In addition, the southern extent of this parcel provides a logical boundary that exists on
the ground in the form of roadway access to the residential parcel located to the east.
Prior to the inclusion of this parcel, the southern extent of the LAMIRD boundary in this
area was defined by a property line which did not provide a visual or physical separation
on the ground,
This parcel lies within the Port Townsend water service area and would be served by an
on-site septic system which provides a situation in which public facilities and services
can be provided without further permitting low-density sprawl. In this manner, inclusion
of this parcel preserves the integrity of the Glen Cove boundary while remaining
consistent with the intent of the GMA
The third component of the proposed change involves the addition of approximately 13
acres net (excluding roads and utility rights-of- way) immediately south of Glen Cove
Road and east of the power line easement owned by the Port Townsend Paper Mill,
This area was reviewed by staff for inclusion in this revised boundary based on
circumstances related to parcels purchased from the county as light industrially zoned
land prior to the downzone in 1998, The parcels in question are located immediately east
of the powerline easement and immediately south of Glen Cove Road, The northern
most of these parcels (Assessor Parcel Number 001163001) houses Frederickson Electric,
an existing and operating business,
This area includes the Frederickson property as well as multiple parcels located to the
south and west. While the gross amount of this acreage is 16 acres, subtracted from that
must the utility corridor owned by the Port Townsend Paper Mill, This utility corridor
contains the City of Port Townsend Gravity Water line as well as Puget Sound Energy
and Clallam County PUD electrical lines and is currently not available for development.
Taking into account these factors, the inclusion of this area reflects a net addition of 13
acres,
Most importantly, this change will provide a situation in which potential light industrial
development is located away from the Route 20 corridor, an important visual corridor
leading into Port Townsend, In assessing this parcel for inclusion in the revised
boundary staff notes the specific requirements ofRCW 36,70A070(5)(d)(iv), Inclusion
16
Ordinance No, 15-1213-02: Revisions to the Boundary of the Glen Cove "LAMIRD"
114,
115,
116,
117,
118,
119,
120,
of these parcels serves to preserve the character of the existing Glen Cove area, which is
predominantly light industrial.
In addition, the northern extent of the Frederickson parcel (Assessor Parcel Number
001163001) provides a logical boundary that exists on the ground in the form of Glen
Cove Road, This boundary provides a physical separation between residential uses
located to the north and the industrial are located to the south,
The parcel located to the south of the Frederickson parcel (Assessor Parcel Number
001164017) is included within the revised zone in order to preclude a situation in which
residentially zoned land is surrounded on three sides by light industrially zoned land, In
this way, including parcel number 001164017 as a component of the LOB serves to
prevent the creation of an an abnormally irregular boundary,
The parcels included within this area are within the Port Townsend water service area
and would be served by individual on-site septic systems, providing a situation in which
public facilities and services can be provided without further permitting low-density
sprawl. In this manner, inclusion of this parcel preserves the integrity of the Glen Cove
boundary while remaining consistent with the intent of the GMA.
As proposed, this boundary change would remove approximately 12 acres from the
boundary while adding approximately 14 net acres - creating a LAMIRD boundary that
encompasses 120 acres (51 acres and the 69 found within the initial "tight-line"),
Other portions of the 51 acres that have been included inside the Glen Cove LAMIRD
throughout the three iterations (initially 138 acres, then 130 acres, now 120 adopted) are
characterized by "built environment," i,e" nearby utilities [e,g" 1 0" water lines,
roadways and three phase power] clearly intended to serve those parcels and not some
more distant parcels,
The March 2002 "Boundary Line Analysis" and the attached photos [with graphics
overlaid to show the utilities and infrastructure] explain in pictures much more fluently
why those regions are lawfully within the Glen Cove LAMIRD boundary than this
Ordinance could ever explain in words,
In summary, the Board concludes that the changes proposed by staff through this revised
boundary serve to effectively address the concerns expressed through public comment,
specifically the spirit and intent of the Interlocal Agreement between the city and county
and the conclusions of the Nielsen Report,
17
Ordinance No, 15-1213-02: Revisions to the Boundary of the Glen Cove "LAMIRD"
121.
122,
123,
124,
125,
126,
127,
Further, the revisions proposed through this revised recommendation effectively
implement the provisions ofRCW 36,70A070(5) in a manner that preserves the
character of the Glen Cove Industrial area as it existed prior to July 1, 1990 in a manner
consistent with the requirements and intent of GMA \
Pursuant to UDC section 9,S,I(b) [page 9-5 of the UDC], the Planning Commission and
Board of County Commissioners shall develop findings and conclusions that consider the
proposed CP amendment in light of seven Growth Management Indicators, or "GMI"
found at UDC §9,5A(b),
With respect to UDC §9,5,4(b)(I), which asks if the growth and development envisioned
in the CP is occurring faster or slower than anticipated or is not materializing, the Board
finds that this GMI is not relevant to any LAMIRD in this County, since a LAMIRD is
generally determined and decided based upon what was extant on the measuring date of
July 1, 1990 and growth or lack of growth cannot lawfully impact the size of a LAMIRD
or the uses that are present within it.
With respect to UDC §9, 5 A(b )(2), which asks if the capacity of the county to provide
adequate services has increased or diminished, the Board agrees with staff that this CP
will not strain the County's ability to deliver the limited services it provides a LAMIRD,
limited in the sense that water is provided to the LAMIRD by the City of Port Townsend
and each use must rely on individual septic systems,
With respect to UDC §9, 5, 4(b )(3), which asks if sufficient urban land has been
designated and zoned to meet projected demand and need, the Board finds that the
LAMIRD is a sub-category of rural lands not urban lands and that the LAMIRD cannot
be increased in size in order to provide what amounts to a larger economic target and thus
the paucity or sufficiency of urban land is not relevant to this analysis,
With respect to UDC §9,5,4(b)(4), which asks if any of the assumptions on which the CP
is based are no longer valid, the Board finds that the new definition of the GMA term of
art "built environment" has changed the legal landscape for LAMIRDs since the CP was
adopted four years ago,
With respect to UDC §9, 5 A(b)( 5), which asks if there have been changes in county-wide
attitudes necessitating CP amendments to the goals and policies of the CP, the Board
finds that there continues to be a prevailing attitude in this County to finish the Glen
IS
Ordinance No, 15-1213-02: Revisions to the Boundary of the Glen Cove "LAMIRD"
Cove debate/dilemma/issue once and for all and that the Board is doing so with this
Ordinance, which creates a permanent LAMIRD boundary, at least for the future,
With respect to UDC §9,5,4(b)(6), which asks if there has been a change in
128,
circumstances which would dictate a need for one or more CP amendments, the Board
finds that the new definition of the GMA term of art "built environment" has changed the
legal landscape for LAMIRDs since the CP was adopted four years ago as has the general
desire to get Glen Cove "behind us," thus prompting this Ordinance to resolve this issue
for the future,
129,
With respect to UDC §9, 5, 4(b )(7), which asks if there are any inconsistencies between
the CP, the GMA and the County-Wide Planning Policies, the Board finds no such
inconsistencies exist.
130. For a suggested policy amendment such as this one, the Board must also consider in their
findings the three questions posed at UDC §9,8,l(b),
131. With respect to UDC §9, 8 ,1 (b )( 1), which asks if circumstances related to the proposed
amendment or the area in which it is located have substantially changed since the
adoption of the Comprehensive Plan, the Board finds that the circumstances related to the
proposed amendment and area in which it is located have not substantially changed since
the adoption of the Comprehensive Plan, As indicated in the Comprehensive Plan,
Jefferson County is in the process of revisiting interim rural commercial and industrial
boundaries based on completion of the Glen Cove and Tri-Area Special Study and is
using the new Durland definition of built environment.
132,
With respect to UDC §9,8,l(b )(2), which asks whether the assumptions upon which the
Comprehensive Plan is based are no longer valid, or whether new information is
available, the Board finds that the assumptions upon which the Comprehensive Plan is
based continue to be valid and that the CP calls for revisiting the interim LAMIRD
boundaries,
133. With respect to UDC §9, 8 ,1 (b )(3), which asks whether the proposed CP amendment
reflects widely-held values, the Board finds that there has been a general consensus
among the populace of the City and the County to get Glen Cove "behind us," The
elected officials of the County and the City of Port Townsend have been repeatedly
informed by their electorates that is urgent that they finish the Glen Cove
19
Ordinance No, 15-1213-02: Revisions to the Boundary of the Glen Cove "LAMIRD"
debate/dilemma/issue as soon as possible, Public testimony regarding this CP
amendment has been both favorable and critical.
UDC section 9,8,l(c) [page 9-5] presents findings that the Planning Commission and
134,
Board of County Commissioners must make for formal site-specific amendment
proposals, AIthough this is a suggested amendment, because specific parcels of property
are involved, staff presented in the August 2002 Draft SEIS observations concerning
those findings, which are listed below and adopted by the Board as if their own:
The proposal meets concurrency requirements for transportation and other public
servIces
It is not anticipated that the proposed expansion would result in substantial reduction
in the ability to provide public services,
The proposal is consistent with the various elements of the Comprehensive Plan
Revisitation of interim rural commercial and industrial areas based upon the criteria
contained in the GMA is consistent with the Comprehensive Plan,
The proposal will not result in probable significant adverse impacts to capital facilities
It is not likely that the staff proposed revision to this rural industrial area would result
in significant adverse impacts to the county's transportation network, capital
facilities, utilities, parks, or environmental features,
The parcel(s) is physically suitable for the requested designation regarding access,
utilities, and compatibility with surrounding uses
As proposed, the revised area is physically suitable for the requested designation
regarding access, utilities, and compatibility with surrounding uses,
The proposal will not create a pressure to change the designation of other properties
It is not anticipated that the proposed revision has the potential to create a pressure to
change the land use designation for surrounding properties,
The proposal does not materially affect land use and population growth projection
assumptions
The proposed amendment does not materially affect the land use and population
growth projections that are the basis of the Comprehensive Plan,
Ifwithin an urban growth area (UGA), the proposal does not materially affect the
adequacy of facilities
Not applicable in this situation although the subject parcel is within the staff proposed
UGA boundary,
The proposal is consistent with the GMA and the County-Wide Planning Policy
The proposed amendment is consistent with the Growth Management Act. Staff is
unaware of any applicable inter-jurisdictional policies or agreements, or any
20
Ordinance No, 15-1213-02: Revisions to the Boundary of the Glen Cove "LAMIRD"
135,
136,
137,
other local, state or federal laws with which the proposed amendment would be
inconsistent.
Approval of the proposed amendment would require a change to the Jefferson County
Land Use Map, changes to the Comprehensive Plan text, and changes to the UDC,
Review for the Glen Cove amendment (MLA#2-241) was addressed in a Notice of
Adoption of Existing Environmental Documents issued February 27,2002, One of the
adopted existing environmental documents, the SEIS and addenda for the Comprehensive
Plan 1999 Amendments (a,k.a" Tasks III and IV of the Tri-Area / Glen Cove Special
Study) specifically examined potential environmental impacts associated with adoption
of alternative Glen Cove mixed-use area boundaries,
The adopted boundary falls within the "bookend" of analysis in the adopted SEIS, Staff
recommendations outlined below supplement conclusions and mitigation described in
previous environmental analysis,
138, The City Council negotiating team and the County met and negotiated on November 27,
139,
2002, The next finding represents what the County offered and what the City accepted,
with the exception of f), the width of the buffers, which is not mentioned in the Nielsen
report and is not a statutory criteria when determining where LAMIRD boundaries should
be placed
This new sub-district inside the Glen Cove LAMIRD boundary will comprise
approximately 51 acres (excluding roads, right of ways, and utility easements) and will
have the following characteristics requiring modification to the CP and UDC:
a) 35' height limit with ability to go to 50' through conditional use
process (this will also apply in the existing Light
Industrial/Commercial district)
b) 55% impervious surface coverage (this will also apply in the existing
Light Industrial/Commercial district)
c) For the Light Industrial district - building footprint limit of 10,000
square feet with the ability to exceed up to maximum of20,000 square
feet through a conditional use process
d) For the Light Industrial/Commercial district - building footprint limit
of20,000 square feet with the ability to exceed up to a maximum of
40,000 square feet through a conditional use process with total floor
space not to exceed 80,000 square feet
e) no mini-storage or vehicle wrecking yards will be allowed in the Light
Industrial district
21
Ordinance No, 15-1213-02: Revisions to the Boundary of the Glen Cove "LAMIRD"
140,
141.
142,
143,
144,
145,
146,
147,
f) retain the 30' buffer with 20' foot setback along State Route 20 from
Old Fort Townsend Road north to the city limits,
The two districts inside the Glen Cove LAMIRD created as a result of these negotiations
will be considered final and all reference to "interim" designations related to the existing
Glen Cove LI/C will be removed from the CP and UDC,
The following sections of the UDC and CP will need to be revised, specifically, CP
Chapter 3, page 3-28, Narrative describing Glen Cove Industrial Area, UDC Section
3,l(2)(c), page 3-2, Description of Land Use Districts, UDC Use Table 3-1, page 3-53,
insertion of new "Glen Cove Light Industrial" district in table with specific prohibition of
mini-storage and wrecking yards, UDC Bulk and Dimensional Table 6-1, page 6-3,
insertion of new "Glen Cove Light Industrial" district in table with bulk and dimensional
standards reflecting the negotiated outcomes discussed above,
The Planning Commission approved recommendation of a larger Glen Cove LAMIRD,
one that extended basically to the southerly border of the City of Port Townsend and
included the entire region known colloquially as the Provisional Urban Growth Area,
The Board finds that the Glen Cove LAMIRD, once permanently drawn, should not
include the entire PUGA region,
The Office of Community Development, the state agency charged with evaluating
proposed CP and CP amendments, has analyzed the Glen Cove CP amendment both
procedurally and substantively in a letter to this Board dated December 6, 2002, The
OCD letter supports the conclusions of the November 6,2002 DCD staff report,
OCD wrote that "[t]he supporting documentation of the factors considered, the
discussions held, and the reasoning behind the changes are evidence of a thorough
analysis of all the planning issues associated with this [CP] amendment and associated
changes to the [UDC]."
The OCD letter praises the spirit of cooperation between City and County elected
officials,
This CP amendment complies with the GMA.
22
Ordinance No. 15-1213-02: Revisions to the Boundary of the Glen Cove "LAMIRD"
NOW, THEREFORE, BE IT ORDAINED by the Board of Jefferson County
Commissioners:
Section One:
That a Glen Cove LAMIRD containing approximately 120 acres, consisting of some 69 acres in
the existing 1998 CP "tightline" designated as "Light Industrial Commercial" and some 51 acres
designated as "Light Industrial," be and hereby is placed upon the Comprehensive Plan Land
Use Map that is part of the County's adopted CP, and that the November 6, 2002 DCD staff
report shall control if it is not clear whether a parcel is inside or outside the LAMIRD.
Section Two:
That until the end of the planning horizon contemplated by the 1998 Jefferson County
Comprehensive Plan, December 31, 2016, the Glen Cove LAMIRD boundary containing
approximately 120 acres shall be considered permanent. This section does not preclude future
UGA discussions between the City and the County.
Approved and adopted this 13th day of December, 2002.
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Lorna Delaney, CMC U
Clerk of the Board
I>an Tirterness,Member
23