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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. o� c c a) U co o Z � � U)Q) a) co a cn O V a� V O L U X a 3 3s T y Cf CD C .fl 'yp Ococa Lnf— M W ca D U) c _c`- 0 N 3 .Q v CD Y m 0 C d c C06 ccU V o a 41S010 to N : CO cm c c O Q Q V Cs F- c A �O CD O V J C O C CL NCD Q *; O d v c co Ua�i 3�co� 0 cerin m O c O X cz O M M u- 0 u- , O c In d E a T o ac U. o 0 c LL X .y m (D o - � m O U E U y U 0 L° d z Ma1n3se3 pub auaallno ul1rub aejnueWnB14snpu1 34611 U, 4 .(an03 u816 ' le1�3snpul3411 o z� 0 zl (an03 ualJ) �t lemewwoonep1snpul • } z iM�`«r 1yY'yry lela3snpul 55''i o 0 u.. peoissoao lejaua!) 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E E E i¢ o. C/) cc E� E m ¢cn ¢ min -� E- m o E amici U o y m� 3 U.0 Lo a) C y Cl N O cd �. c U co o L a O 00 cd c o �o Mn °c a cc 6& OL d c-, U CD a C t O O N O— a: o z o .. O N p � 'OO C O 'y co O V � O O L H CL O _O `� C co U-) A 0 O LL c y0 m o L N O CCC U O ooID 3 w w� c �- o os�CD ci2mE /Tn V D O Z * c oE o L N � O � � C NE ail o � M .E a R R E - rl !�2 Et a� 0 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]