HomeMy WebLinkAboutFairbank MLA19-00013 public commentpublic comment on MLA19-00013
September 18, 2019
This proposed up-zoning conflicts with, and is inconsistent with, both the State Growth
Management Act and with the stated goals and vision of Jefferson County's 2018
Comprehensive Plan.
The goals of our State Growth Management Act include
– reducing sprawl
– citizen participation
The proposed amendment would increase sprawl, and approval would require ignoring public
concerns.
As cited in the Land Use Chapter of the County Comp Plan [p.1-48, emphasis added]
The GMA requires that the County “include measures that apply to rural development and protect the
rural character of the area as established by the County.” These measures must be used to control rural
development, assure visual compatibility of rural development with surrounding areas, reduce sprawl,
protect critical areas and surface and groundwater water resources, and protect against conflict with
the use of agricultural, forest, and mineral resource lands (RCW 36.70A.070(b)).
The GMA defines rural character as follows:
(e) That reduce the inappropriate conversion of undeveloped land into sprawling, low-density
development;
(g) That are consistent with the protection of natural surface water flows and groundwater and surface
water recharge and discharge areas RCW 36.70A.030(16).
The Foundation Chapter of the County Comp Plan specifies that
Amendments to this Comprehensive Plan must also conform to the requirements of the Washington State
Growth Management Act.
Approving MLA19-0013 would be contrary to all these requirements.
___________________________
Turning to Jefferson County's 2018 Comprehensive Plan, the Foundation chapter provides
the following guidance [emphasis added]:
Comprehensive Plan Purpose
This Comprehensive Plan provides a legally recognized framework for making decisions about land use
in the unincorporated areas of Jefferson County. This Comprehensive Plan manages growth by directing
more intensive development to appropriate areas while protecting public health and conserving
environmentally sensitive areas and natural resource, rural, and open space lands.
The Comp Plan's "legally recognized" Framework Goals include
Goal II– Maintain a rural landscape by smartly growing in urban areas
Goal V– To be consistent with urban growth and rural character goals, focus higher densities in urban
growth areas
___________________________
This Foundation Chapter goes onto address the Decision-Making Process:
Planning decisions must be consistent with the intent of this Comprehensive Plan. This Comprehensive
Plan is a legal, binding document and cannot be disregarded. ... This Comprehensive Plan serves as the
basis for land use decisions.
It is important that amendments to this Comprehensive Plan retain the broad perspectives articulated in
the community vision statements, satisfy the goals, policies, and strategies of this Comprehensive Plan,
and remain consistent with the intent of the Growth Management Act (GMA).
Amendments to this Comprehensive Plan must also conform to the requirements of the Washington State
Growth Management Act.
___________________________
The County's own maps indicate that this property includes wetlands and hydric soils; and lies
within a Critical Susceptible Aquifer Recharge Area. It is apparent from the conditions on this
and surrounding land that these open areas contribute to water storage, and thus flood control,
in times of heavy precipitation, a condition that is predicted to become more frequent with
changing climate and precipitation patterns.
Additional relevant excerpts from Chapter 1- Land Use of the County Comp Plan:
Policy LU-P-1.1 Incorporate opportunities for continuous and ongoing public participation into both
the comprehensive planning process and the implementation of the resulting Comprehensive Plan.
Policy LU-P-7.1 Ensure that land use decisions consider climate change, and are based on land
use ordinances which are in compliance with the Critical Areas Ordinance and all applicable state
environmental laws.
Policy LU-P-7.10 Continue to protect flood hazard areas from development and uses that
compromise the flow, storage, and buffering of flood water, normal channel functions, and fish and
wildlife habitat, and minimize flood and river process risk to life and property under the Critical
Area Ordinance (CAO). Continue to periodically review and update CAO regulations relating to
flood hazards, including best available science.
Policy LU-P-7.13 Continue to protect existing wetland area and functions, while encouraging
wetland enhancement and restoration under the Critical Areas Ordinance (CAO). Continue to
periodically review and update CAO regulations relating to wetlands, including best available
science.
[p.1-36 &37]
___________
Land Use Chapter 1.2– Rural:
As I've noted earlier, this chapter requires the County to comply with the State GMA. It goes on
to say
Additional principles [beyond the GMA] that define Jefferson County’s rural character include the
following
Protect and conserve the environment, ecologically sensitive areas, natural surface water and
recharge areas, and preclude development and land uses which are incompatible with critical areas.
[pp. 1-49]
Policy LU-P-18.1 Rural residential cluster subdivisions shall be encouraged, consistent with
development regulations, throughout the rural areas. The open space tracts in these planned rural
residential development subdivisions should be permanently preserved.
[p.1-98]
_______________________
It appears that the staff recommendation to approve this application is in direct conflict with the
State GMA and Jefferson County's own Comprehensive Plan. I am surprised and disappointed
by the apparent flagrant and thoughtless disregard for these guiding laws and documents and I
urge the Planning Commission and the Board of County Commissioners to follow their adopted
Plan and goals and reject this application. I do not live near the subject property but I feel
strongly that approval would set a dangerous precedent for our whole County.
Thank you for your consideration.
Owen Fairbank
815 Van Buren St.
Port Townsend