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HomeMy WebLinkAbout2021 04 22 Adopting Ordinance Page 1 of 9 COUNTY OF JEFFERSON STATE OF WASHINGTON An Ordinance Adopting Four Comprehensive } ORDINANCE NO.___________ Plan Amendments, File Numbers: } MLA19-00019 [Text Amendments to } Marijuana Related Development Regulations]; } MLA20-00116 [Text Amendments to Support } Sewering the Brinnon LAMIRD]; MLA20-00102 } [Text Amendments to Support the Port Hadlock } Sewer]; and, MLA20-00039 [Seton Site-specific } Rezone from RR1:10 to RR1:5] } WHEREAS, Jefferson County is required under the Growth Management Act (“GMA”) and Chapter 18.45 of the Jefferson County Code (“JCC”) to annually accept suggested text amendments to the Comprehensive Plan and development regulations, along with site-specific amendments [rezones]; WHEREAS, Jefferson County annually accepts applications for suggested text amendments to its Comprehensive Plan and development regulations, along with site-specific amendments until March 1st. Timely applications are placed on the preliminary comprehensive plan amendment docket, along with staff suggested amendments; WHEREAS, the Jefferson County Department of Community Development (“DCD”) staff analyze the preliminary docket and make recommendations to the Jefferson County Planning Commission on which docket items should be included in the final docket; WHEREAS, the Planning Commission considered the preliminary docket, including DCD staff recommendations, held a public hearing on the preliminary docket, and on September 28, 2020 made recommendations to the Board of County Commissioners (“BoCC”) for the final 2020 Comprehensive Plan Amendment Docket list; WHEREAS, the BoCC considered the recommendations of the Planning Commission, held a public hearing on the preliminary docket, and adopted a final 2020 Comprehensive Plan Docket list (“2020 Docket”) on October 26, 2020; WHEREAS, the final 2020 Docket items includes: MLA19-00019 – text amendments to marijuana related development regulations; MLA20-00116 – text amendments to support sewering the Brinnon LAMIRD; MLA20-00102 – text amendments to support the Port Hadlock sewer; and MLA20-00039 – Seton site-specific rezone from RR1:10 to RR1:5; WHEREAS, the adoption of the 2020 Docket was delayed due to the on-going COVID- 19 pandemic; WHEREAS, on November 9, 2020, the BoCC adopted Resolution No. 69-20 extending the timeline for final action on the 2020 Docket until April 30, 2021; Page 2 of 9 WHEREAS, on February 10, 2021, the Planning Commission held a public hearing accepting oral and written testimony on the 2020 Docket items; WHEREAS, on February 17, 2021, the Planning Commission deliberated on the 2020 Docket record, including public testimony, and voted to recommend approval of all 2020 Docket items; WHEREAS, on March 22, 2021, the BoCC considered the Planning Commission’s recommendation and after applying the required growth factors and findings, the BoCC decided to modify the Planning Commission’s recommendations; WHEREAS, the BoCC, after timely notice, held a public hearing on April 19, 2021 receiving oral and written comments; and, WHEREAS, on April 26, 2021, the BoCC deliberated regarding the 2020 Docket items; WHEREAS, the text amendments (MLA19-00019, MLA20-00116, and MLA20-00102) amending the Comprehensive’s Plan Land Use Element, Capital Facilities and Utilities Element, and Capital Facility Plan Technical Appendix and Chapter 18.15 JCC, Chapter 18.20 JCC, and Chapter 18.30 JCC are contained in Appendix 1, 2, and 3 attached to this Ordinance; WHEREAS, the 2020 Docket included a SEPA review through a staff issued Addendum to the 1998 Draft and Final Jefferson County Comprehensive Plan Environmental Impact Statements (“EIS”) and subsequent Supplement EISs, and a SEPA Checklist and Addendum that addressed the 2020 Docket items, including the proposed revisions to the Comprehensive Plan, Unified Development Code, and site-specific amendment; WHEREAS, the BoCC finds the 2020 Docket text amendments, as reflected in Appendix 1, 2, and 3 and the site-specific amendment (MLA20-00039) serve to benefit the health, welfare, safety, and lifestyle of the residents of Jefferson County; WHEREAS, the BoCC finds that the 2020 Docket text amendments, as reflected in Appendix 1, 2, and 3 and the site-specific amendment (MLA20-00039) are consistent with the county-wide planning policies and consistent with the comprehensive plans of other counties and cities with which Jefferson County has a common border or regional issues; WHEREAS, the BoCC finds that the 2020 Docket text amendments, as reflected in Appendix 1, 2, and 3 and the site-specific amendment (MLA20-00039) are consistent with the GMA; WHEREAS, JCC 18.45.080(2)(c) requires that BoCC to analyze the 2020 Docket items and make the following findings on the full and complete record: Growth Management Indicators, JCC 18.45.050(4)(b)(i) through (4)(b)(vii): Page 3 of 9 (i) Whether growth and development as envisioned in the Comprehensive Plan is occurring faster or slower than anticipated, or is failing to materialize. Jefferson County is growing consistent with the growth population projections in the Comprehensive Plan. The April 1, 2020 population for Jefferson County was 32,190. The official population on April 1, 2019 was 31,900, with an estimated growth of 290 persons. This is a 0.90% growth rate. The Comprehensive Plan estimates a 0.98% growth rate over the 2018-2038 planning horizon. The majority of the estimated 2020 population growth occurred in the unincorporated areas. Unincorporated areas grew by 235 persons from 22,290 to 22,525 or a 1.05% growth rate between 2019 and 2020. (ii) Whether the capacity of the County to provide adequate services has diminished or increased. The number of service providers in the County has not decreased and the County continues to be equipped to provide the same levels of service specified in the Comprehensive Plan. (iii) Whether sufficient urban land is designated and zoned to meet projected demand and need. Sufficient urban land is designated and zoned to meet projected demand and need. Planning analysis of the Port Hadlock/Irondale Urban Growth Area (“Port Hadlock UGA”) demonstrates that there is sufficient urban land designated and zoned to meet projected demand of 1,814 additional persons by 2039, under the assumption that there will be future growth at urban densities. Development of a sanitary sewer facility for the Port Hadlock UGA will enable additional urban level growth and urban population densities. The GMA specifies that urban growth shall be encouraged within a UGA and growth outside of a UGA can only occur if it is not urban in nature. The Port Hadlock UGA Land Capacity Analysis, Comprehensive Plan, Appendix E demonstrates that the current 20-year population can be accommodated. With the current urban zoning an additional 2,103-2,529 dwelling units can be accommodated in the Port Hadlock UGA. However, the County has a transitional (rural) zoning applied to the Port Hadlock UGA until its sanitary sewer becomes available. Development under the transitional zoning can accommodate approximately 567 additional dwellings; however, transitional zoning cannot support the projected 2018-2038 population growth targets. (iv) Whether any assumptions upon which the Comprehensive Plan is based are no longer found to be valid. The assumptions made as part of the Comprehensive Plan continue to be valid. In 2018, the Comprehensive Plan went through a Periodic Review and Update. A newly articulated Vision Statement, Foundational Principles, Goals and Policies, and Actions Plans clearly communicate the priorities for County services and funding decisions to address affordable housing and rural economic development while protecting the public health and environment. (v) Whether changes in countywide attitudes necessitate amendments to the goals of the Plan and the basic values embodied within the Comprehensive Plan Vision Statement. Page 4 of 9 The Comprehensive Plan’s goals and vision statement continue to be consistent with current countywide attitudes. In the 2018, Periodic Review and Update, the Comprehensive Plan articulated and updated vision statement and goals, which are consistent with the countywide attitudes. (vi) Whether changes in circumstances dictate a need for amendments. Changes in circumstance dictate a need for amendments to the Comprehensive Plan and Unified Development Code (“UDC”). With a newly reviewed and revised Comprehensive Plan, the UDC is undergoing a thorough review under Regulatory Reform as required by resolution of the BoCC. Regulatory reform efforts and changes to state policies and regulations resulted in amendments to the UDC, such as updates to the Critical Areas Ordinance and permit processing procedures. In 2020, the County received a draft sewer plan for the Port Hadlock sewer, which revises the engineering details of the sewer to provide a more cost-effective solution for sewering the Port Hadlock UGA. This plan requires edits to the Comprehensive Plan. Additionally, the County has begun investigating sewering the Brinnon Limited Area of More Intensive Rural Development (“LAMIRD”). Revisions to the Comprehensive Plan policies and narratives, in addition to development regulations are needed to ensure that the Comprehensive Plan and its implementing regulations are consistent with state law and the County’s direction. Finally, as recreational marijuana matures in Washington, the County became aware of unforeseen impacts to production and processing of marijuana in rural residential zoning districts. Based upon this new information, amendments to the development regulations for recreational marijuana are required to ensure continued community compatibility and environmental protection. As the area surrounding the site-specific rezone (MLA20-00039) has been fully developed at densities higher than RR1:10, the area has changed and the changes warrant a site-specific amendment. The area surrounding the site-specific rezone continues to develop at residential and commercial densities higher than the current assigned zoning of RR1:10. The surrounding development patterns include commercial and institutional development. Surrounding residential development patterns include substantial development of 5-acre home sites and development of smaller pre-existing lots of legal record. (vii) Whether inconsistencies exist between the Comprehensive Plan and the Growth Management Act or the Comprehensive Plan and the Countywide Planning Policy for Jefferson County. There are no inconsistencies between the Comprehensive Plan and the Growth Management Act or the Comprehensive Plan and the Countywide Planning Policies. Required Findings, JCC 18.45.080(1)(b)(i-iii): (i) Whether circumstances related to the proposed amendment and/or the area in which it is located have substantially changed since the adoption of the Comprehensive Plan. Page 5 of 9 Changes in circumstance dictate a need for amendments to the Comprehensive Plan and UDC. With a newly reviewed and revised Comprehensive Plan, the UDC is undergoing a thorough review under Regulatory Reform as required by resolution of the BoCC. Regulatory reform efforts and changes to state policies and regulations resulted in amendments to the UDC, such as updates to the Critical Areas Ordinance and permit processing procedures. In 2020, the County received a draft sewer plan for the Port Hadlock sewer, which revises the engineering details of the sewer to provide a more cost-effective solution for sewering the Port Hadlock UGA. This plan requires edits to the Comprehensive Plan. Additionally, the County has begun investigating sewering the Brinnon LAMIRD. Revisions to the Comprehensive Plan policies and narratives, in addition to development regulations are needed to ensure that the Comprehensive Plan and its implementing regulations are consistent with state law and the County’s direction. Finally, as recreational marijuana matures in Washington, the County became aware of unforeseen impacts to production and processing of marijuana in rural residential zoning districts. Based upon this new information, amendments to the development regulations for recreational marijuana are required to ensure continued community compatibility and environmental protection. As the area surrounding the site-specific rezone (MLA20-00039) has been fully developed at densities higher than RR1:10, the area has changed, and the changes warrant a site-specific amendment. The area surrounding the site-specific rezone continues to develop at residential and commercial densities higher than the current assigned zoning of RR1:10. The surrounding development patterns include commercial and institutional development. Surrounding residential development patterns include substantial development of 5-acre home sites and development of smaller pre-existing lots of legal record. (ii) Whether the assumptions upon which the Comprehensive Plan is based are no longer valid, or whether new information is available which was not considered during the adoption process or any annual amendments to the Jefferson County Comprehensive Plan. The assumptions upon which the Comprehensive Plan is based, and upon the goals and policies which this recommendation is based, are still valid. However, there is new information which was not considered during the adoption process, annual amendment, and periodic review and update process. New information relating to the Port Hadlock UGA Sewer, including revisions to the Port Hadlock UGA Sewer Facility Plan are now available. New information, including a capacity study of the Dosewallips State Park Sewer system and updates to sewering provisions of the Growth Management Act is now available. New information related to the environment, land use, and community capability impacts from marijuana production and processing facilities is now available. Finally, new information relating to the development patterns near the site- specific amendment have been brought to the attention of the County. (iii) Whether the proposed amendment reflects current widely held values of the residents of Jefferson County. Page 6 of 9 Yes, the proposed amendments in the 2020 Docket reflect the widely held values of the residents of Jefferson County. The proposed amendments are consistent with the Comprehensive Plan’s Vision Statement, which focuses on environmental sustainability, rural economy, and affordable housing. The Comprehensive Plan’s Vision Statement was extensively updated, in coordination with public outreach, during the 2018 Periodic Review and Update. Site-Specific Findings (MLA20-00039), JCC 18.45.080(1)(c)(i-viii): (i) The proposed site-specific amendment meets concurrency requirements for transportation and does not adversely affect adopted level of service standards for other public facilities and services. The BoCC finds that the proposed site-specific amendment meets concurrency requirements for transportation. The proposed site-specific amendment does not adversely affect adopted level of service standards for other public facilities and services. (ii) The proposed site-specific amendment is consistent with the goals, policies, and implementation strategies of the various elements of the Comprehensive Plan. The BoCC finds that the proposed site-specific amendment is consistent with the goals, policies, and implementation strategies of the various elements of the Comprehensive Plan. This includes consistency with LU-G-18, LU-G-20, LU-P-20.1, and LU-P-20.2. These goals and policies encourage parcel sizes and zoning classifications which protect the rural character, are compatible with surrounding land uses, minimize infrastructure needs, and protect environmentally sensitive areas. (iii) The proposed site-specific amendment will not result in probable significant adverse impacts to the county’s transportation network, capital facilities, utilities, parks, and environmental features that cannot be mitigated, and will not place uncompensated burdens upon existing or planned service capabilities. The BoCC finds the site-specific amendment will not result in probable significant adverse impacts to the county’s transportation network, capital facilities, utilities, parks, or environmental features and that the site-specific amendment will not place uncompensated burdens upon existing or planned service capabilities. The BoCC has reviewed the DCD staff report and Recommendations of the Planning Commission, including probable transportation impacts, county department comments, and the applicant’s SEPA Environmental Checklist in support of this finding. (iv) In the case of a site-specific amendment to the land use map, that the subject parcels are physically suitable for the requested land use designation and the anticipated land use development, including but not limited to access, provision of utilities and compatibility with existing and planned surrounding land uses. The BoCC finds that the subject parcel is physically suitable for the requested RR1:5 zoning classification. The BoCC finds that the area surrounding the subject parcel is developed, Page 7 of 9 including commercial and institutional development and that surrounding residential development is at the requested or a higher density. The BoCC also finds that the two proposed access point off of Romans Road and Parkridge Drive are sufficient for the RR1:5 zoning classification. Finally, the BoCC finds that adequate utilities are available to the site, including public water supply and electric service. (v) The proposed site-specific amendment will not create a pressure to change the land use designation of other properties, unless the change of land use designation for other properties is in the long-term best interests of the county as a whole. The BoCC finds that the site-specific amendment will not create a pressure to change the land use designation of other properties and that the site-specific amendment is in the long-term best interests of the county. The area surrounding the subject parcel is developed and the subject parcel is an infill parcel. The surrounding existing development is at a density equal to or higher than the requested density. As this is an infill parcel and is consistent with existing development patterns, this will not create any development pressure for land use changes in the area. (vi) The proposed site-specific amendment does not materially affect land use and population growth projections that are the basis of the Comprehensive Plan. The BoCC finds that this individual proposed zoning change will not materially affect growth projections and comprehensive land use plans. The additional four single-family residences and potential for four accessory dwelling units will assist Jefferson County in meeting its projected growth rate of 0.98%. Jefferson County’s estimated 2019 growth rate was 0.90%, which is slightly less than the projected 0.98% growth rate. An additional 4 lots will not materially affect the land use and growth populations. (vii) If within an unincorporated urban growth area (UGA), the proposed site-specific amendment does not affect the adequacy or availability of urban facilities and services to the immediate area and the overall UGA. The proposed site-specific amendment is not within an urban growth area. (viii) The proposed amendment is consistent with the Growth Management Act (RCW 36.70A), the Countywide Planning Policies for Jefferson County, any other applicable inter-jurisdictional policies or agreements, and any other local, state or federal laws. The BoCC finds that the site-specific amendment is consistent with the Growth Management Act, the Countywide Planning Commission, applicable inter-jurisdictional policies or agreements, and other local, state, or federal laws. The site-specific amendment proposes RR1:5 zoning classification, which generally allows one single-family home (plus accessory uses and dwellings) per 5 acres. The proposed density is consistent with this finding. NOW THEREFORE, BE IT HEREBY ORDAINED, by the Jefferson County Board of Commissioners as follows: Page 8 of 9 Section 1. Findings. The BoCC hereby adopts the recitals (the WHEREAS statements) as findings in support of this Ordinance. Section 2. MLA19-00019 Adopted. MLA19-00019 [text amendments to marijuana development regulations] is adopted. Chapter 18.15 JCC and Chapter 18.20 JCC is hereby amended to include text additions and changes as indicated by strikethrough and underline text in Appendix 1. Section 3. MLA20-00116 Adopted. MLA20-00116 [text amendments to support sewering the Brinnon LAMIRD] is adopted. The Jefferson County Comprehensive Plan, as adopted in Ordinance No. 14-1210-18, is hereby amended to include text additions and changes as indicated by strikethrough and underline text in Appendix 2. Chapter 18.30 JCC is hereby amended to include text additions and changes as indicated by strikethrough and underline text in Appendix 2. Section 4. MLA20-00102 Adopted. MLA20-00102 [text amendments to support the Port Hadlock Sewer] is adopted. The Jefferson County Comprehensive Plan, as adopted in Ordinance No. 14-1210-18, is hereby amended to include text additions and changes as indicated by strikethrough and underline text in Appendix 3. Section 5. MLA20-00039 Adopted. MLA20-00039 [Seton site-specific rezone from RR1:10 to RR1:5] is adopted. The map of the Comprehensive Plan Land Use Designations / Zoning is hereby amended to reflect that parcel of real property with ID number 001281002, described as S28 T30 R1W GOV LOT 2 (LESS PLATTED), shall be given in its entirety an underlying land use designation/zoning of Rural Residential 1:5. Section 6. Severability. If any section, subsection, sentence, clause, phrase or section of this Ordinance or its application to any person or circumstance is held invalid, the remainder of this Ordinance or its application to other persons or circumstances shall be fully valid and shall not be affected. Section 7. SEPA Compliance. The County published a SEPA Addendum on February 28, 2021. The SEPA Addendum and supporting SEPA Environmental Checklists provide additional information relating to the Jefferson County Final Environmental Impact Statement (Final EIS), May 27, 1998 and associated SEPA documents. These SEPA documents were adopted and the additional information was determined not to involve significant new impacts. An agency may use previously prepared environmental documents to evaluate proposed actions, alternatives, or environmental impacts. The proposals may be the same as or different than those analyzed in the existing documents (WAC 197-11-600[2]). These documents are listed in response to Question 8 of the SEPA Environmental Checklist and in the Addendum and were adopted in association with the Comprehensive Plan and development regulations. See the Determination of Significance and Notice of Adoption published on February 28, 2021. Section 8. Effective Date. This Ordinance becomes effective upon adoption by the BoCC. Approved and adopted this ____ of ________ 2021 at ________. Page 9 of 9 SEAL: JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS ____________________________ Kate Dean, Chair ____________________________ Greg Brotherton, Member ATTEST ____________________________ Heidi Eisenhour, Member APPROVED AS TO FORM: ____________________________ ____________________________ Carolyn Gallaway Philip C. Hunsucker, Date Clerk of the Board Chief Civil Deputy Prosecuting Attorney