HomeMy WebLinkAbout21 1220 02STATE OF WASHINGTON
County of Jefferson
IN THE MATTER OF AMENDING }
ORDINANCE #18-1213-02, AN ORDINANCE }
THAT ADOPTED AND ENACTED CERTAIN }
ADDITIONS TO THE COUNTY'S UNIFIED }
DEVELOPMENT CODE ASSOCIATED WITH)
COMPREHENSIVE PLAN AMENDMENTS }
APPROVED THROUGH THE ADOPTION OF }
ORDINANCES NO. #13-1213-02, #15-1213-02 }
and #19-1213-02 }
ORDINANCE NO. Al -I AAO -03k-
WHEREAS, the Board of Jefferson County Commissioners ("the Board")
has, as required by the Growth Management Act, state law codified at RCW
36.70A.010 et seq., set in motion and completed the process for proper
professional review and public notice and comment with respect to any and all
proposed amendments to the County's Comprehensive Plan (the "Plan"), a Plan
that was originally adopted by Resolution No. 72-98 on August 28, 1998 and
subsequently amended, and;
WHEREAS, one of the adopted amendments to the County's
Comprehensive Plan (MLA #02-241) changed the boundary for the rural
commercial district known formally as the Glen Cove LAMIRD; and
WHEREAS, the change in the Glen Cove LAMIRD boundary also required
changes, revisions and additions to certain portions of this County's GMA-driven
development regulations, which are known as the Unified Development Code or "UDC;"
and
Pagel of4
Ordinance No.21� i "?.,,re: Amending Ordinance #18-1213-02
WHEREAS, the changes to the UDC necessitated by the changes to the boundary
of the Glen Cove LAMIRD were submitted as MLA #02-329, i.e., a separate amendment
document for consideration by staff, outside agencies and the public; and
WHEREAS, MLA #02-239 contained a copy of the proposed "line -in, line-out"
changes, revisions; that would be made to the UDC if MLA #02-329 were approved by
the Board; and
WHEREAS, those proposed "line -in, line-out" changes, revisions and additions
included changes to UDC §6.7, entitled "Stormwater Management Standards,"
specifically changes that would make the most current Washington State Department of
Ecology [or "DOE"] Stormwater Management Manual, also known as the "2001
Manual," the controlling document for any future application [at any location in the
unincorporated County] for a County -issued stormwater management permit; and
WHEREAS, adoption by the County of the more stringent standards described
and laid out within the "2001 Manual" was expressly included at page 2-62 [last bullet on
the page] of the Draft SEIS issued in late August 2002; and
WHEREAS, a decision to expressly state in the UDC that the County will impose
upon any applicant for a County -issued stormwater management permit the standards
described and listed in the 2001 Manual conforms with the adopted Comprehensive Plan
or "CP" Land Use Policy (or "LNP") 26.1 because that LNP [added to the CP in
November 1999 as part of a Hearings Board Compliance Order] states the County will
require new development "to comply with the latest edition of the DOE's Stormwater
Manual for the Puget Sound Basin;" and
WHEREAS, Ordinance #14-1213-02, which enacted and approved Mineral
Resource Overlay designations for Fred Hill Materials, Inc. and W. E. Seton, expressly
Page 2 of 4
Ordinance No. is i22b'g-e: Amending Ordinance #18-1213-02
refers to the concept that the County will use the "2001 Manual" when it evaluates any
requests for mining or excavating permits on the parcels that have been newly designated
as Mineral Resource Lands; and
WHEREAS, Condition #3 imposed on Fred Hill Materials within Ordinance #14-
1213-02 expressly states that the operations there shall be subject to the standards found
in the "latest edition of the [DOE] Stormwater Management Manual for Western
Washington;" and
WHEREAS, the above statements prove the clear intent of this Board, as the
elected legislature of this County, to adopt and utilize the most current version of the
DOE Stormwater Management Manual for Western Washington; and
WHEREAS, the omission from Exhibit "C" to Ordinance #18-1213-02 of any
language that adopts and enacts the "2001 Manual" as the official Manual that controls
the application process for any stormwater management permit that relates to real
property located within the unincorporated portions of Jefferson County was clearly a
clerical error rather than an intentional policy decision of the Board; and
WHEREAS, the County has stated since at least May 1, 2002 its intent to make
adoption of the "2001 Manual" a part of what it accomplishes during this CP amendment
cycle; and
WHEREAS, the County has complied with the procedural and substantive
provisions of the Growth Management Act with respect to this Ordinance, which
implements a technical correction to an earlier and equally valid GMA-derived
Ordinance; and
WHEREAS, adoption of this Ordinance complies with the GMA.
Page 3 of .4
Ordinance No.A'tZM'6#1re: Amending Ordinance #18-1213-02
NOW, THEREFORE, BE IT ORDAINED by the Jefferson County Board of
County Commissioners as follows:
Section One:
The attached document entitled Exhibit "C" shall replace and does replace in its entirety
the Exhibit "C" previously made part of the Ordinance adopted on December 13, 2002
and known as Ordinance #18-1213-02. Exhibit "C" as attached will be made part of this
Ordinance and part of Ordinance #18-1213-02.
Section Two:
All other portions of Ordinance # 18-1213-02 remain valid and are not impacted, altered,
revised or repealed by adoption of this Ordinance.
Section Three:
All Sections of this Ordinance are individually severable and the invalidation of any
Section of this Ordinance shall not impact the lawfulness or effectiveness of any other
Section.
ac,
APPROVED AND ADOPTED this RL day of December, 2002.
SEAL:` ;
ATTE'S
0��
Q 4 Lz�c
�
Lorna Delaney, CMC
Clerk of the Board
JEFFERSON COUNTY
BOA COMMIS ONE
and Wojt, Chair
Dan Titterness, Member
Page 4 of 4
EXHIBIT C
MLA02-241 AND MLA02-329
(GLEN COVE LIGHT INDUSTRIAL
DISTRICT)
UNIFIED DEVELOPMENT CODE
LINE INLINE OUT CHANGES
Board of Commissioners 12/9/02 Decision
Unified Development Code. Section 3.1(2)(c)(1). Page 3-2.
a. Rural Industrial.
(1) Light Industrial/Manufacturing (LIM. The purpose of this district is to
provide for rural economic development by regulating light industrial and
manufacturing use . The light industrial uses and
activities associated with this district are intended to be compatible with the
rural character 9f Qeilsafle. There are two light industrial/manufacturing
districts in Jefferson County: Quilcene and Eastview.
(2) Glen Cove Light Industrial/Commercial (LI/C). The intent of this district is
to facilitate economic development and provide for a broader range of light
industrial and associated commercial activities in the Glen Cove area until
the Potential Final Urban Growth Area (PFUGA) designation process for the
Glen Cove area may be considered. Associated commercial activities are
intended to directly serve the needs of the land use activities existing within
this district.
(3) Glen Cove Light Industrial (LI). The purpose of this district is to facilitate
economic development and provide for a broad range of light industrial
uses. The light industrial uses and activities associated with this district are
intended to be compatible with the Glen Cove area
(4) Heavy Industrial (HI). The intent of this district is to facilitate economic
development and regulate development of more intensive heavy industrial
and manufacturing activities, including and associated with the Port
Townsend Paper Mill.
(5) Resource Based Industrial (RBI). This district recognizes existing forest
resource-based industries in Jefferson County, in particular active sawmills
and related activities. The district is intended to facilitate the continued
operation of existing functional sawmills and related resource-based
industrial activities in the County. There are three (3) Resource Based
Industrial site designations in Jefferson County: Gardner, Center Valley, and
the West End.
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Board of Commissioners 12/9/02 Decision
Unified Development Code. Section 2.3 (Definitions). Page 2-11
Impervious Surface
A surface area that creates a barrier to the entry of water into the soil in comparison with
natural conditions prior to development, or that causes water to run off the surface in
greater quantities or at an increased rate of flow in comparison with the flow prior to
development. Common impervious surfaces may or may not include roofs, driveways,
patios, packed earth, and oiled surfaces; however, open, uncovered retention/detention
facilities are not considered as impervious surface.
Board of Commissioners 12/9/02 Decision
Unified Development Code. Section 6.7. Page 6-7.
6.7 Stormwater Management Standards.
All new development and redevelopment must conform to the standards and minimum
requirements set by the most current version of the Washington Department of Ecology
Stormwater Management Manual for the p,. teHn' &vr Western Washington (SMM)
.,uffendy adopted b eff -son G,",.,t. and obtain a stormwater management permit if required by
Section 6.7.6. The Administrator may require additional measures as indicated by the
environmental review or other site plan review.
1. Definitions. For the purposes of this Section 6.7, the definitions at I-2.4-3 of the SMM shall
apply:
a. -Small Pafeel Development" is a development tha4+
(j)efeates er- adds less than _,.
(2)the ea+istfuetion 4 an
,
(less
//����((jj ��dwelling .A....,,, of ,crgzc�c (z-nthan crc�crzc.��uicrcrcccl';`m=
ing aetiyities of 10,000 sqtiar-e feet E* more. but less tlimi one (44
nom.
437a. "New Development" includes land -disturbing activities, stmetur-al development
,
, a,9d subdivision,
sht-144 vi
b site plans as defined in RGW 49.17.420-.mclud_iii,(Y Class
IV -general forest practices that are conversions from timber land to other uses; structural
development, inchiding construction or installation of a building or other structure•
creation of impervious surfaces; and subdivision, short subdivision and binding site
plans, as defined and applied in Chapter 53.1.7 RCW. Projects meetings the definition of
redevelopment shall not be considered new development.
c -h 'Redevelopment" includes, , the er-eation of addition oF
with the above ..on a site that is already substantially developed (i.e., has 35% or
more of existing impervious surface coverage) the creation or addition of impervious
surfaces; the expansion of a building footprint or addition or replacement of a structure;
structural development including construction, installation or expansion of a building car
other structure„ :replacement of impervious surface that is not part of a routine
maintenance activity; and land disturbing activities.
d -.c. "Impervious surface" means a hard surface area .
watef into the soil mantle With fiatufal ea*d4ions piior- to development, E)
that either prevents or retards the entry of water into the soil mantle as under
natural conditions prior to development. A hard surface area which causes water to run
off the surface in greater quantities or at an increased rate of flow from the flow present
under natural conditions prior to development. Common impervious surfaces include
but are not limited to roof tops, walkways patios driveways, parking lots or storage
areas. concrete or asphalt paving, gravel roads, packed earthen materials, and oiled,
macadam or other surfaces which similarly impede the natural infiltration of stormwater.
Open, uncovered retention/detention facilities shall not be considered as impervious
surfaces for purposes of determining whether the thresholds for application of minimum
requirements are exceeded. Open, uncovered retention/detention facilities shall be
considered impervious surfaces for purposes of runoff modeling.
e—. . A-1 Land-disturbin activity" result; ..i a change in the e*i ;ti g aOil eOV (b ih
vegetative and ted
..topography,_
to , is any activity ghat
results in movement of earth, or a change in the existing soil cover (both vegetative and
non -vegetative) and/or the existing soil topography. Land disturbing activities include,
but are not limited to clearing grading, filling and excavation Compaction that is
associated with stabilization of structures and road construction shall also be considered a
land disturbing activity. Vegetation maintenance practices are not considered land -
disturbing activity.
2. Exemptions. Commercial agriculture, road maintenance activities, Viand forest practices
regulated under WAC 222, except for Class IV General forest practices and COHPs (see
Section 4.16 of this Code) pursuant to SMM section 1-2.2, are exempt from the provisions of
the minimum requirements.
3. Development and Redevelopment Minimum Requirements. Small par -eel
�ae���Development and redevelopment meeting the criteria of Section 6.7.1.a, above,
shall be required to control erosion and sediment during construction and to permanently
stabilize soil exposed during construction. Such development shall:
a. Comply with the re aired minimum requirements 4 -4 -fors•" pafeel development in
Section I-2.3-5 of the SMM,
Praetioes'(BMPS) of Seetieh 11 5,-'10;
b. Applicants for all ^" ..., a I velopment and redevelopment meeting the criteria for
Section 6.7. La, above, except for detached single-family residences and duplexes
creating or adding less than 3-,"2 000 square feet and land disturbing activities of less
than �7,000 square feet, shall prepare a small PaWel eFOSiOft aHdSediment „tfo
stormwater site plan (or, show on other diagrams being prepared for the project, if
appropriate) showing:
(1) vicinity map;
(2) location of the structure and its access;
(3) all applicable setback requirements;
(4) location of all applicable erosion and sediment control BMPs; and
(5) existing site features and sensitive areas.
4. New Development Minimum Requirements.
a All new development and redevelopment shall be required to corply with Minimum
Requirement #2 (Construction Stormwater Pollution Prevention) as contained in the
SMM.
a. New development that includes 1) the creation or addition of less than 4,000-2.000 square
feet, or greater, of new, replaced, or new plus replaced impervious surface area or 2) #Ie
. , Or -addition 4 4,000 o fat Of ; ,.a.,,.,. ,. ,n,.
.,. .,. ;;:i has land -
disturbing activities of less than. One , eft 7,000 square. feet or greater shall comply with
2.6 .. ,
Of Seetiofi 6.7.3, aboveMinimum Requirements #1 through #5 as contained in the SMM..
b. New development that includes 1) the creation or addition of 5,000 or more square feet of
impervious surface, andlor 2) land distttfbing aet"ivities of One aefHiere, shall eel+ 4 ,
, PSQ(y �
. , ,
12.6 through 12-4.5 Of the , converts
3/a acres, or more, of native vejZetation to lawn or landscaped areas, or 3) converts 2.5
acres, or more, of native vegetation to pasture shall comply with Minimum. requirements
#1 through #10 as contained in the SMM.
c. Redevelopment that includes 1) new, replaced, or total of new plus replaced impervious
surface of 2,000 square feet or more or 2) 7,000 square feet or more of land disturbing
activity shall comply with Minimum Requirements #1 through #5 as contained in the
SMM.
Stormwater Site Plan. AYStormwater site plans fe(ttiii:ed by SeeflOHS 6.7.4.b, 6.7.4.a of:
.43 -shall be developed to the standards of -See-4-Ren" TI J.4-imd434_Chapter 3 of the SMM,
and include:
(6) project overview;
(7) plot plan, including the elements of Section 6.7.3.b and:
i. locations of structures and other impervious surfaces;
ii. locations of stormwater runoff control facilities;
iii. road rights-of-way and easements.
(8) preliminary conditions summary;
(9) analysis of off-site water quality impacts (including groundwater) resulting from the
project, and mitigation measures;
(10) analysis and design of proposed stormwater runoff control facilities, including
treatment and source control BMPs (cf. Section 1-4 of the SMM, which provides a
list of and selection process for BMPs);
(11) erosion and sediment control plan;
(12) special reports and studies;
(13) stormwater and drainage system maintenance specifications.
5.Redevelopment Minimum Requirements.
a.]Alhefe fedevelopfftent, of 4,000 or- faer-e squafe feet of impff-ViEffls sUffaOe
Seeti
OCCWS�
(!)the new deyelopment iifements 1 1.1 in ons 12.4 through 1 -2. 15 o
the SN4--N4 shallapply to that POAiOft E4 the site that is being r-edeveloped-,
(2)soutuee eofitfol BNIPs (of, Seetion 1 4 of the SNW, whieh pr-ovides a list of afird.
seleetion pr-oee% for- BN412s) shall be applied to the efitir-e site Ofleluding adjoining
paFeels if they afe part of the projeet-, �,
(3)a Stoffnwatef Site PUn shall be pfepafeA-.
b4n addition to the r-equwements of Seetion 6.7.5.a, above, a Stefinwater- Site Plan (iee
Seetion 6.7.4.e, abeve) shall also be pfepar-ed to implefffent the ffli i . BfflefltS to
the ma*imum e*tent pfaetieable for- the entire site when any of the follOwifig e0fiditi0fis
(I)existing sites laFgef than one aefewith 50 pefeent --vious suffdee
Q)sites that disehafge to a er- that has a doe-umented watef quality pfoblet
as defined by the jeffefson Gounty H-41- er-iter-ia listed. i*
Seetion .1, 2.4.19.2 of the or -
P -41) sites whefethene-ed f4zlrz Additi
stoFmwatef contfol fneasur-es has been
ideiitified thfeugh a watei-shed plan, ffiafiiie habitat pR)teetiefi plao, Ew by the Puget
Sound Water- Quality Authefity.
6Z. Stormwater Management Permit and Plan Review. All grading of 500 cubic yards or
more [not exempted under 6.6.5(b)], land -disturbing activities of 44,AWI.000 square feet or
more, or creation of 5;OW2,000 square feet or more of impervious surface shall be subject to
a stormwater management permit. Prior to issuance of a stormwater management permit, the
applicant shall submit the required stormwater management plans to the Administrator for
review and approval. The Administrator shall issue the stormwater management permit
consistent with a Type 1 permit process (as specified in Section 8) only upon a finding that
the proposed use or activity meets all applicable requirements of Sections 6.6 and 6.7, and
any other applicable requirements of this Code.
a. Applications for grading projects or land -disturbing activities which require a stormwater
management permit shall include the following information. The Administrator may
waive specific submittal requirements determined to be unnecessary for review of the
application.
(1) Source of fill material and deposition of excess material;
(2) Physical characteristics of fill material;
(3) Proposed methods of placement and compaction consistent with the applicable
standards in Appendix Chapter 33 of the Uniform Building Code;
(4) Proposed surfacing material;
(5) Proposed method(s) of drainage and erosion control;
(6) Methods for restoration of the site;
(7) Demonstration that instream flow of water will remain unobstructed;
(8) Demonstration that erosion and sedimentation from outflow channels will be
minimized by vegetation or other means; and
(9) Demonstration that pond runoff will be controlled to protect adjacent property from
damage.
[END]