HomeMy WebLinkAbout01 0301 04STATE OF WASHINGTON
County of Jefferson
AN ORDINANCE AMENDING THE
BRINNON SUB -AREA PLAN, THE
COUNTY'S COMPREHENSIVE PLAN
AND THE UNIFIED DEVELOPMENT
CODE TO ACHIEVE COMPLIANCE
WITH THE AMENDED FINAL
DECISION AND ORDER OF THE
WESTERN WASHINGTON GROWTH
MANAGEMENT HEARINGS BOARD
Ordinance # 01-0301-04
WHEREAS, the Board of Jefferson County Commissioners ("the Board") has, as
required by the Growth Management Act, as codified at RCW 36.70A.010 et seq., set in
motion and now completed the proper professional review and public notice and
comment with respect to any and all proposed amendments to the County's
Comprehensive Plan originally adopted by Resolution No. 72-98 on August 28, 1998 and
as subsequently amended and
WHEREAS, as mandated by the Growth Management Act, the Board has
reviewed and voted upon the proposed amendments to the County's Comprehensive Plan
or "CP;" and
WHEREAS, the proposed Comprehensive Plan amendment known as MLA #02-
246 was approved by the Board during the second week of December 2002, said
amendment making the Brinnon Sub Area Plan (the `BSAP") part of the County's
Comprehensive Plan; and
WHEREAS, the Board also adopted in December 2002, through the same
Ordinance, Ordinance #13-1213-02, changes to the County's Unified Development Code,
or "UDC;" and
WHEREAS, an unincorporated group known as the Better Brinnon Coalition
timely appealed the County's legislative decisions relating to the BSAP to the Western
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Washington Growth Management Hearings Board ("WWGMHB") with a Petition for
Review (or "PFR;") and
WHEREAS, after full briefing by the representatives of the respective parties and
a Hearing on the Merits held in June 2003, the WWGMHB issued an Amended Final
Decision and Order ("AFDO") on November 3, 2003; and
WHEREAS, the AFDO upheld the County and found the County compliant with
respect to all but two of the allegations made in the PFR filed by the BBC; and
WHEREAS, County staff has taken steps in order to cure and remedy its non-
compliant actions relating to the BSAP; and
The Board makes the following Findings of Fact with respect to these various
amendments:
1. RCW Chapter 36.70A, et seq., also known as the Growth Management Act
("GMA"), allows counties planning under the GMA to adopt subarea plans that are
consistent with their comprehensive plans.
2. Jefferson County adopted the current Jefferson County Comprehensive Plan August
28, 1998. The Comprehensive Plan has been amended since adoption. The Brinnon
Subarea Plan is the first subarea plan proposed to be included in the Comprehensive
Plan.
3. On December 18, 2000, Jefferson County adopted the Unified Development Code
("UDC") as the implementing regulations for the Comprehensive Plan. The UDC, as
amended, provides for the initial adoption of a subarea plan as an exception to the
annual Comprehensive Plan amendment process (UDC 9.3. Lb), in compliance with
the GMA. Amendments to the UDC can be considered at any time (UDC 9.9.1).
4. The Planning Commission recommended a Brinnon Subarea Plan to implement the
Jefferson County Comprehensive Plan goals, policies and directives to promote
"bottoms up" community planning and to increase economic development potential
in South County consistent with the rural character of the community.
5. In particular, the Brinnon Subarea Plan is intended to implement and fulfill land use
policy 4.8 (LNP 4.8 at page 3-70) in the Comprehensive Plan, which states, "Assist
the community of Brinnon, within the limits of available resources, in a public
process to investigate the feasibility of an additional location for future commercial
development, through a comprehensive study to examine factors including but not
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limited to environmental issues, economic viability, future growth projections, and
infrastructure requirements, consistent with GMA requirements."
6. The Comprehensive Plan text, at pages 3-14 and 3-19, describes the economy of the
Brinnon area as "distressed" and promotes the diversification of the South County
economy.
7. Jefferson County adopted a community plan for Brinnon on January 20, 1982 via
Resolution 9-82. In the early 1990s, the Brinnon community updated the Brinnon
community plan and submitted the updated version to the County in May of 1995.
The 1995 Brinnon community plan itself was not adopted, but information from the
1995 plan was incorporated into the 1998 Jefferson County Comprehensive Plan.
8. After much community input, dozens of meetings and much analysis by County staff
and this Board a Preferred alternative draft BSAP dated May 1, 2002 was presented
to this Board.
9. Ordinance #13-1213-02 246 enacted by the Board during the second week of
December 2002, made the Brinnon Sub Area Plan (the `BSAP") part of the County's
Comprehensive Plan.
10. That same Ordinance also made effective related changes to the County's Unified
Development Code, or "UDC."
11. An appeal of Ordinance #13-1213-02 followed.
12. The AFDO issued by the WWGMHB upheld the County and found the County
compliant with respect to all but two of the allegations made in the PFR filed by the
BBC.
13. The WWGMHB concluded in the AFDO that the County had A) inadequately
studied the probable significant adverse impacts of more intensive rural commercial
development in and around the vicinity of the Brinnon Rural Village Center (the
unincorporated village of Brinnon), an area sometimes called "the Brinnon Flats" and
B) created a Light Industrial LAMIRD in violation of RCW 36.70A.070(5)(d)(i).
14. This Ordinance addresses those non-compliant acts and omissions
15. The AFDO from the WWGMHB, dated November 3, 2003, contains 27 Findings of
Fact, 11 of which relate to the history of the SEPA-derived analysis that occurred
concurrently with the generation, consideration, review, revision and eventual
adoption of the BSAP.
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16. Conclusion of Law "G" in the AFDO states that the "County's SEIS (Supplemental
Environmental Impact Statement), as it pertains to the [B SAP] does not comply with
SEPA, RCW 43.21C." That SEIS was a document generated for the 19 proposed
Comprehensive Plan amendments that went through the 2002 amendment cycle.
17. Conclusion of Law "G" is apparently based upon the failure of the County to create
pursuant to SEPA a document that would provide the ultimate decision -makers (the
County Commission acting in its legislative capacity) with a "reasonably thorough
discussion of the significant aspects of the probable environmental impacts" of the
decision the County was about to make, i.e., adoption of the BSAP.
18. Specifically, the WWGMHB determined that the County failed to consider what
impacts more intensive development in and at the Brinnon Flats (also known as the
village of Brinnon) would have on fish and wildlife habitats and resources.
19. The SEPA work was deficient in the manner described above although the three
most -impacted Tribes and the Washington State Department of Fish & Wildlife
("WDFW") had "flagged" these issues for the County, i.e., urged the County to study
them.
20. To respond to the WWGMHB decision that the Tribes and WDFW had been ignored
during the earlier environmental analysis, County staff members (including the
Manager of the Natural Resources Division for the County) met with the Tribes and
WDFW representatives on October 20, 2003 for what amounted to an "informal
scoping" meeting for the supplemental EIS work. The employees of the Tribe and
WDFW present at that meeting brought six issues forth. Those issues are listed at
Appendix A of the document entitled "Environmental Analysis of Brinnon Subarea
Plan and Associated Comprehensive Plan and UDC Amendments" prepared by Dave
Christensen, the County's Natural Resources Division Manager.
21. For the sake of simplicity the Christensen document will be known as the
"Environmental Analysis."
22. At that meeting the Tribe and WDFW repeated their concerns that increased
development would harm fish and wildlife ecosystems for such protected species as
the Puget Sound Chinook, Hood Canal summer run chum salmon, wildlife and
shellfish.
23. The Tribe and the WDFW requested at that October 2003 meeting that the analysis
examine more localized potential impacts in and adjacent to the Brinnon Flats rather
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than analyzing at an entire watershed scale, for example, they were interested in
having the County analyze what impacts would arise from the "pollution generating
impervious surfaces within the Brinnon Flats," known in GMA terms as the Brinnon
Rural Village Center.
24. The Environmental Analysis addresses the concerns of the Tribes and WDFW
brought out at that October 20, 2003 meeting.
25. For example, regarding full build -out of the 32 additional acres added to the Brinnon
Village Center (a Rural Village Center in GMA terms), the Environmental Analysis
concludes at page 2 that at most eight (8) additional acres would be covered with
impervious surfaces at full build -out.
26. In addition any build -out, i.e., human -made development, that creates additional
impervious surfaces inside the 66 -acre Brinnon RVC will be managed and detained
pursuant to regulations established by the 2001 Stormwater Management Manual, a
document promulgated by the Washington State Department of Ecology.
27. Jefferson County is the first county in the State of Washington to impose the 2001
Stormwater Management Manual standards on development proposals.
28. The strict regulations and practices imposed by the 2001 Stormwater Manual and the
fact that the additional run-off into adjacent rivers such as the Dosewallips that might
be generated should full build -out occur is dwarfed by 1) the average flow (as
measured in cubic feet/second) of that river and 2) the storm -generated flow
occurring in that river led the Environmental Analysis to find no probable significant
adverse environmental impacts from full -build out of the 32 acres that were added to
the Brinnon RVC by Ordinance 413-1213-02. All of this is according to page 2 of
the Environmental Analysis.
29. Full build -out of the Brinnon RVC will not occur immediately and instead will occur
over, if at all, over many years. Presumably much of the development that will occur
within the Brinnon RVC will be redevelopment of residential structures to
commercial uses.
30. Adoption of the Small Business -Cottage Industry (or "SBCI") Overlay district for the
21.6 upland acres does not change the underlying GMA-derived zoning designation
for those parcels; they remain Rural Residential 1:5.
31. Thus, adoption of the SBCI Overlay district for the 21.6 upland acres will not have a
probable significant adverse environmental impact on water quality or water quantity
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because the impervious surface caps for that Overlay District remain at 25%, the cap
established by the UDC for Rural Residential districts. In other words, existence of
the overlay does not allow for more intensive development or greater amounts of
impervious surfaces. See page 3 of the Environmental Analysis.
32. As the map attached to the Environmental Analysis indicates, a preliminary
assessment of the quality of the wildlife habitat in the larger region that includes the
Brinnon Flats and areas to the north, west and south of the Brinnon Flats indicates
that both the RVC and the SBCI are not located in significant or important wildlife
habitats. The pink represents the higher -quality, more pristine locations that are
primarily wetlands. The green represents an area of moderate -quality habitat that is
more likely to be forested and previously -harvested.
33. This preliminary assessment of the quality of the wildlife habitat in the Brinnon
Planning Area was performed on behalf of Jefferson County by an outside consultant
as part of a settlement agreement reached in a separate Hearings Board PFR.
34. Therefore, based on this preliminary assessment by a scientist, the Environmental
Analysis concludes at page 7 that there "is not a likely significant adverse impact to
wildlife habitat from the zoning changes that occurred as a result of the [BSAP] and
the associated Comprehensive Plan and UDC amendments."
35. The prior statement is accurate not only because the prime habitats are located
outside and beyond the RVC and SBCI zones but also because the UDC includes a
process by which state resource agencies such as WDFW can comment on specific
project proposals according to page 7 of the Environmental Analysis.
36. Regarding the concern of the Tribes and WDFW regarding typical stormwater
pollutants and any increase in such pollutants that might occur as a result of larger
Brinnon RVC and a new SBCI overlay, the Environmental Analysis pointed out at
page 4 that "loading of pollutants is not predictably different from commercial
[versus] residential zoned lands." In other words, some pollutants are more likely to
be part of the run-off from commercial land while other pollutants are more likely to
be part of the run-off from land zoned residentially.
37. In any event, the quantity of pollutants that will run-off will be greatly reduced by the
County's imposition of the standards laid out in the 2001 Stormwater Management
Manual.
38. Thus, assuming typical pollutant concentrations, the Environmental Analysis
concluded at page 4 that "the potential water quality impacts from the increased
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impervious surfaces from the increases of the size of the [Brinnon] RVC will likely
not be measurable in receiving waters (i.e., the Hood Canal or the Dosewallips River)
by standard analytical techniques."
39. While the Environmental Analysis at pages 5 and 6 included monitoring data from
the Walcott Slough and the Syplash Slough that showed heightened levels of fecal
coliform the source of those greater levels was not determined and is likely to have
arisen from the presence of salmon carcasses and offal from the birds that feed off
those carcasses than from failing on-site septic systems.
40. In any case development and redevelopment that serves to increase the human -made
presence in the Brinnon Flats is now required to conform to and comply with much
more stringent standards and best management practices for on-site septic systems,
including the likely increased installations of alternative systems which provide
additional treatment of sewage prior to disposal in the attached drainfield.
41. Requiring development to meet the rules listed in the 2001 Ecology Manual for
Stormwater Management will also reduce bacterial contamination by treating non -
point pollution in a manner consistent with that Manual.
42. The affected Tribes and WDFW were also concerned about probable significant
adverse environmental impacts arising out of a possible Master Planned Resort
("MPR") at Black Point, another neighborhood located within the larger Brinnon
Planning Area.
43. Please note that the UDC would allow a MPR at any location in the County that met
the minimum requirements of those development regulations as laid out in UDC
Section 3.4.
44. Thus, any MPR, including one that might be constructed at Black Point would have
to undergo an environmental analysis of the probable significant adverse impacts
such a project would have on 1) water quantity, 2) water quality, 3) unstable slopes,
4) wildlife habitat, 5) marine water quality and 6) marine habitat.
45. Specifically, the County has previously determined that any MPR proposal at Black
Point would receive a SEPA-derived "Determination of Significance," or a "DS,"
which would require the proponent of such a proposal to prepare a complete
environmental impact statement.
46. One of numerous reasons that a Black Point MPR would receive an automatic DS is
because of the presence at that neighborhood of habitat for the marbled murrelet.
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There are many reasons, however, for the mandatory DS including the potential
significant adverse environmental impacts of a golf course (should one be proposed)
and other intensive development upon the shoreline of the Hood Canal, a body of
water deemed to be of `state-wide significance.'
47. The Environmental Analysis concluded at page 8 that "[t]he adopted Comprehensive
Plan amendment to adopt the Brinnon Subarea Plan should not have significant
adverse environmental impacts, provided that existing regulations are followed for
stream buffers, impervious surface limitations, and stormwater treatment."
48. That the Environmental Analysis reasonably informs us, the elected Commission, of
the probable significant adverse environmental impacts, if any, of the non -project
action (in SEPA terms) that is these proposed changes to the BSAP, the
Comprehensive Plan and the UDC and that therefore we are making an informed
decision when we determine that the BSAP, as amended, should be adopted because
any probable significant adverse environmental impacts can be avoided or mitigated.
49. The Brinnon Light -Industrial Limited Area of More Intensive Rural Development (or
"LAMIRD") on the upland 21.6 acres was found to be non-compliant in the AFDO
by the WWGMHB because it could not meet the statutory criteria laid out in RCW
36.70A.070(5)(d)(i).
50. In other words, the Light Industrial LAMIRD was non-compliant as a "(d)(i)" type
LAMIRD, one of at least three types of LAMIRD now permitted by the state law
codified at RCW 36.70A.070(5)(d).
51. Those same 21.6 acres do meet the statutory criteria for a different type of LAMIRD,
a so-called "(d)(iii)" LAMIRD because they meet the qualifications laid out in the
first sentence of the GMA provision codified at RCW 36.70A.070(5)(d)(iii).
52. The first sentence of RCW 36.70A.070(5)(d)(iii) allows as a type of LAMIRD "the
intensification of development on lots containing isolated nonresidential uses or new
development of isolated cottage industries and isolated small-scale businesses that
are not principally designed to serve the existing and projected rural population and
nonresidential uses, but do provide job opportunities for rural residents." (Emphasis
supplied in this Ordinance.)
53. A "(d)(iii)" LAMIRD enacted in reliance upon the first sentence of "(d)(iii)" is quite
similar to the so-called "(d)(ii)" or "small-scale recreational or tourist" overlay
district LAMIRD enacted for WaWa Point in this County by this Board and upheld
as GMA-compliant by the WWGMHB at page 28 of the AFDO because both allow,
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pursuant to express inclusion of the word "new" in those sections, new development,
as oppose to being limited to merely recognizing existing development or uses.
54. The policy behind these statutes, according to the State OCD, is to make uses that
normally would be non -conforming immediately conforming.
55. The WWGMHB described the primary manner in which a "(d)(ii)" LAMIRD differs
from the "(d)(i)" LAMIRD when it wrote at page 27 of the AFDO that "unlike in
type (d)(i) mixed-use LAMIRDs in SRT LAMIRDs (type (d)(ii) LAMIRDs) new
development is allowed. This means that there can be small-scale recreational
and tourist development dependent upon a rural location and setting on
property that has not had that kind of development before." (Emphasis supplied
by this Ordinance.)
56. The new SBCI overlay zone, in compliance with the first sentence of "(d)(iii)"
provided above, will allow for the development of new cottage industries and small-
scale businesses (approximately two dozen employees or less) that will provide job
opportunities for rural residents, more specifically for residents of Brinnon.
57. Development in the SBCI will be controlled by development regulations amending
the UDC and adopted legislatively by this Board through its adoption of this
Ordinance.
58. Brinnon, including the SBCI overlay zone, is part of one of two Rural Remote Areas
that have differing rules for home and cottage industries and small-scale businesses
based on their distance from any urban growth area, their poverty and their high rates
of unemployment. The remoteness of Brinnon and the consequences of that
remoteness were discussed in some detail within the BSAP.
59. Creation of this SBCI overlay zone promotes the same goals as the Rural Remote
Area provisions of the UDC that have never been challenged and thus are, logically,
GMA-compliant.
60. The Board also notes that the WWGMHB wrote in its AFDO (page 26) that the 21.6
acres have been the subject of prior commercial development, specifically a sawmill
that ceased operations before 1990 and five acres that are being used for extraction of
mineral resources.
61. The Board is required to consider with respect to any proposed Comprehensive Plan
amendment the seven criteria listed in UDC §9.5.4(b), also known as the "Growth
Management Indicators," or GMI.
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62. With respect to UDC §9.5.4(b)(1), which asks if growth and development as
envisioned in the Comprehensive Plan is occurring at a greater or lesser rate than
anticipated or is failing to materialize, the Board finds that growth and development
in the Brinnon area are generally at a standstill, a phenomenon known to all involved
at the time of the Comprehensive Plan adoption in 1998, and that the BSAP was
contemplated in 1998 (and much earlier than 1998) and adopted in 2002 in order to
assist Brinnon in developing and growing in order to fulfill the GMA mandate that
counties must preserve rural character [as defined at RCW 36.70A.030(14)], which is
defined to include the fostering of "traditional rural lifestyles, rural -based economies,
and opportunities to both live and work in rural areas" (emphasis supplied).
63. With respect to UDC §9.5.4(b)(1), which asks if growth and development as
envisioned in the Comprehensive Plan is occurring at a greater or lesser rate than
anticipated or is failing to materialize, the Board finds that growth and development
in Brinnon is occurring at the same nearly -stagnant rate as was occurring in 1998.
Regardless of whether this slow growth rate was or is anticipated, it is not healthy for
Brinnon and runs contrary to RCW 36.70A.030(14), described above. The Board
finds that the community of Brinnon is isolated and economically depressed, as
shown by the high poverty rate among Brinnon residents (compared to the overall
rate for the County), the low local labor force participation rate (half that of the
remainder of the county) found in Brinnon and unemployment rates that nearly
double the county -wide rate. These facts, whether known or not known, anticipated
or not anticipated at the time of Comprehensive Plan adoption, are of concern to the
Board.
64. With respect to UDC §9.5.4(b)(2), which asks if the capacity of the county to provide
adequate services has diminished or increased, the Board finds that its capacity to
provide services has not changed since 1998 and that adoption of the BSAP will not
impact the delivery of services.
65. With respect to UDC §9.5.4(b)(3), which asks if sufficient urban land has been
designated and zoned to meet projected need and demand, the Board finds that there
is no urban land included or contemplated that would be created through adoption the
BSAP and thus this GMI is not relevant to the analysis of this Comprehensive Plan
undertaken by the Board.
66. With respect to UDC §9.5.4(b)(4), which asks if any of the assumptions on which the
Comprehensive Plan was based are no longer found to be valid, the Board finds that
while no assumptions relative to the new SBCI overlay of 21.6 acres have changed,
that does not make the need for this SBCI overlay any less GMA-compliant and
important.
67. With respect to UDC §9.5.4(b)(5), which asks if there have been any changes in
county -wide attitudes that would necessitate this or any Comprehensive Plan
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amendments, the Board finds that there has been no change in attitudes. Instead, this
amendment reflects implementation of an existing Comprehensive Plan policy, LNP
4.8.
68. With respect to UDC §9.5.4(b)(6), which asks if there have been any changes in
circumstances that would necessitate this or any Comprehensive Plan amendments,
the Board finds that the County is again using the so-called GMA §.070(5)(d)(iii)
LAMIRD, also known as the "cottage industries and small-scale businesses" LAMIRD,
because development regulations were made part of the UDC for such uses in this
particular `remote rural' location and amended concurrently herein.
69. Thus, the BSAP, before this amendment, included extensive sections that promote
cottage industries and home-based businesses and any extension of the BSAP to
include small-scale business is a logical extension of what was previously in the
BSAP and what is permitted by the GMA.
70. With respect to UDC §9.5.4(b)(6), which asks if there have been any changes in
circumstances that would necessitate this or any Comprehensive Plan amendments,
the Board finds that the new circumstances are its mandate to comply with the
AFDO.
71. With respect to UDC §9.5.4(b)(7), which asks if there are any inconsistencies
between the Comprehensive Plan, the GMA and the County Wide Planning Policies,
the Board finds that since this Brinnon Subarea Plan completes and fulfills a planning
goal laid out in the County's 1998 CP, it cannot, by definition, be inconsistent with
the Jefferson County Comprehensive Plan. The Comprehensive Plan amendments
associated and included with the BSAP were intended to provide internal consistency
between the adopted BSAP and the Comprehensive Plan. The CP amendments
adopted through this Ordinance make the BSAP and the CP conform with the
mandates delineated in the AFDO.
72. Because this is a suggested Comprehensive Plan amendment, the Board must also
consider three additional criteria listed at UDC §9.8.1(b).
73. With respect to UDC §9.81(b)(1), which asks if circumstances related to the
proposed Comprehensive Plan amendment and the area it impacts have substantially
changed since the Comprehensive Plan was adopted, the Board refers the reader to
the numerous comments made above with respect to UDC §9.5.4(b)(6).
74. With respect to UDC §9.81(b)(1), which asks if circumstances related to the
proposed Comprehensive Plan amendment and the area it impacts have substantially
changed since the Comprehensive Plan was adopted, the Board finds that it has been
about two decades since the Brinnon region first prepared any regional visioning
document or area plan and that the delay in implementing, reviewing and adopting
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the plan over the last four years has worsened by 25% what was already about a 16
year wait. An additional wait of 25% more time is substantial, the Board finds.
75. With respect to UDC §9.81(b)(2), which asks if 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 on which the Comprehensive Plan
was based at the time of its adoption in 1998 remain valid, there is new information
available to the Board now that was not available at the time of Comprehensive Plan
adoption in 1998, specifically three new planning tools: 1) UDC language to regulate
and contain small-scale recreational and tourist uses, 2) UDC language to regulate
and contain cottage industries and home-based businesses, and 3) the AFDO.
76. With respect to UDC §9.81(b)(3), which asks if the proposed Comprehensive Plan
reflects values widely -held by the populace of this County, the Board finds that the
Board, the Planning Commission and the planning staff have heard opinions both in
support of and in opposition to this Comprehensive Plan amendment.
77. With respect to UDC §9.81(b)(3), which asks if the proposed Comprehensive Plan
reflects values widely -held by the populace of this County, the Board finds that the
values of the County's populace are reflected in what was adopted in 1998 and that
since the Comprehensive Plan includes language stating that Brinnon would be re-
examined to determine if economic growth could be targeted in that region (in a
manner consistent with the GMA and environmental concerns, if any), then the
County's populace does support the process that led to the final version of the BSAP.
Furthermore, if there is support of the process, then the product of that process is
arguably also representative of the public's widely -held values.
78. The Board further relies upon the Findings of Fact adopted and made part of
Ordinance #13-1213-02, entitled "An Ordinance Approving Comprehensive Plan
Amendment #02-246, the Brinnon Sub -Area Plan," and incorporates them as if those
Findings of Fact were restated here.
NOW THEREFORE BE IT ORDAINED as follows:
Section One: The Brinnon Subarea Plan, specifically the version entitled "Board
of County Commissioners Preferred Alternative Draft, May 1, 2002, Modified from
January 16, 2002 Draft Recommended by Planning Commission, and August 28, 2001
Draft Recommended by Brinnon Subarea Planning Group," be and hereby is amended
and supplemented with and by the Brinnon Subarea Plan Epilog dated February 9, 2004
as prepared by the County's Department of Community Development and made
Attachment "A" hereto.
Section Two: The associated Comprehensive Plan amendments, as depicted in
line-in/line-out format on the document made Attachment "B" hereto are hereby
incorporated into the Comprehensive Plan,
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Section Three: The associated Unified Development Code (UDC) amendments, as
reflected in line-in/line-out format upon the document made Attachment "C" hereto are
hereby incorporated into the UDC.
Section Four: This Board accepts the Environmental Analysis generated by the
County's Natural Resources Manager as its SEPA-derived analysis of the probable
significant adverse environmental impacts of the expanded Brinnon RVC and the SBCI
overlay district of 21.6 acres.
Section Five: The Comprehensive Plan Land Use Map made part of the 1998
Jefferson County Comprehensive Plan is amended and hereby is amended to reflect a) a
new small business, cottage industry overlay as shown on a map known as "Figure BR -6
EP," a map amended into the BSAP via the adoption of this Ordinance. "Figure BR -6
EP" is part of Attachment "A" to this Ordinance.
Section Six: All other portions, narrative or maps of the BSAP previously made
part of the County's Comprehensive Plan remain part of the County's Comprehensive
Plan having such effect as any portion of the Comprehensive Plan would have.
Section Seven: Should any part of this Ordinance be deemed unlawful or non-GMA
compliant then that shall not cause any other portion or section of this Ordinance to also
be unlawful or non-compliant with the GMA.
APPROVED and effective this day of 2004.
11_ JEFFERSON COUNTY
BOARD OF COMMISSIO
SEAL:
r
GHunti
GG n f an
z n
p
ATTEST: , ' 1 Dan Tittemess, Member
/Julie Gh& _ '4� � (Excused Absence)
Matthes, CMC Patrick M. Rodgers, Member
Deputy Clerk of the Board
Approved as to Form:
David Alvarez
Deputy Prosecuting Attorney
March 1, 2004
PROPOSED AMENDMENTS TO THE COMPREHENSIVE PLAN:
Brinnon Subarea Plan 2004 growth management compliance
Proposed new language is underlined. Language proposed for elimination is indicated
by strike -through text. Comprehensive Plan page numbers appear in brackets.
[p• 3-72]
HOME-BASED BUSINESSES AND COTTAGE INDUSTRIES
GOAL:
LNG 6.0 Foster low impact home-based businesses or cottage industries in order
to provide economic and employment opportunities outside of Rural
Village Centers.
POLICIES:
LNP 6.1 Permit home-based businesses which are wholly accessory and
secondary to the residential use of the property throughout the
unincorporated portions of the County, subject to permit review
procedures and the following criteria:
[p. 3.75]
LNP 6.1.14 Home-based and small-scale businesses in the Brinnon Planning
Area shall be regulated according to provisions established in the
Brinnon Subarea Plan for the Brinnon Planning Area—Remote
Rural overlay district and the Dosewallips Small-scale Business
and Cottage Industry overlay district. The intent of these men
planning AFea Remate R Fal overlay districts is to allow for
expanded rural -compatible employment opportunities in a
sparsely populated rural area that is isolated and remotely located
from commercial and urban growth areas. The Brinnon Planning
Area is characterized by high unemployment, a distressed
resource-based economy, low residential densities, and a very
limited projected 20 -year population growth.
LNP 6.2 Permit cottage industries conducted as an accessory use within a single-
family dwelling or building accessory to a dwelling and which are wholly
incidental and subordinate to the residential use of the property
throughout the unincorporated portions of the County, subject to
conditional use permit review procedures and the following criteria:
[p. 3-77]
LNP 6.2.17 Cottage industries in the Brinnon Planning Area shall be regulated
according to provisions established in the Brinnon Subarea Plan
for the Brinnon Planning Area—Remote Rural overlay district and
2/11/04
PROPOSED AMENDMENTS TO THE COMPREHENSIVE PLAN:
Brinnon Subarea Plan 2004 growth management compliance
the Dosewallips Small-scale Business and.Cottage Industry
overlay district. The intent of these
oo.,,^+e o„r^' overlay districts is to allow for expanded rural -
compatible employment opportunities in a sparsely populated rural
area that is isolated and remotely located from commercial and
urban growth areas. The Brinnon Planning Area is characterized
by high unemployment, a distressed resource-based economy,
low residential densities, and a very limited projected 20 -year
population growth.
[p. 3-83]
INDUSTRIAL LAND USES
POLICIES:
LNP 11.3 Recognize and contain the following pre -July, 1990 areas and uses of
more intense industrial development within boundaries that may allow for limited areas
of infill development.
[p. 3-84]
LNP 11.3.4 Adoption of the T4;e-Brinnon Subarea Plan in 2002 est"+ab"shes
established a Light Industrial district north of the Brinnon Rural
Village Center. The Western Washington Growth Management
Hearings Board ruled that the action was non-compliant with the
Growth Management Act. The Light Industrial District was
replaced with a Small-scale Business and Cottage Industry
overlay district in 2004.
[end]
2/11/04 2
ADOPTED AND EFFECTIVE DECEMBER 13, 2002
AS AMENDED THROUGH THE 2004 EPILOGUE
ADOPTED THROUGH ORDINANCE FEBRUARY 23, 2004
BOARD OF COUNTY COMMISSIONERS PREFERRED ALTERNATIVE:
MAY 1, 2002
MODIFIED FROM JANUARY 16, 2002 DRAFT
RECOMMENDED BY PLANNING COMMISSION
AND AUGUST 28, 2001 DRAFT
RECOMMENDED BY BRINNON SUBAREA PLANNING GROUP
Brinnon Subarea Plan
A Chapter of the
Jefferson County Comprehensive Plan
3 Brinnon Subarea Plan Epilogue
This Epilogue supplements the Brinnon Subarea Plan adopted in 2002 and represents a
response from the Jefferson County Board of County Commissioners (BOCC) to the
Western Washington Growth Management Hearings Board (Hearings Board) Amended
Final Decision and Order No. 03-2-0007, issued November 3, 2003.
The Hearings Board determined that the 21.6 -acre Light Industrial district established north
of and adjacent to Dosewallips Road and west of and adjacent to US Highway 101 is non-
compliant with the Growth Management Act (GMA), RCW 36.70A. Refer to BR -6 for a
graphic depiction of the Light Industrial district adopted in December 2002.
The non-compliant Light Industrial District referred to on pages 28-32 is replaced with a
Small-scale Business and Cottage Industry (SBC1) Overlay District based on RCW
36.70A.070(5)(d)(iii), a provision of the GMA that allows for intensification of development
and new development of small-scale business and cottage industry in rural areas (i.e., outside
of urban growth areas), subject to criteria outlined in that section. The "Dosewalhps SBCI
Overlay" functions similarly to the WaWa Point Small-scale Recreation and Tourist (SRT)
Overlay established through the Brinnon Subarea Plan in that it represents an area that has
been identified in the planning process as particularly suited for non-residential development
because of its characteristics. Development regulations in the Dosewallips SBCI Overlay
would be modified as compared to regulations applied to other types of cottage industry in
the Brinnon area, similar to the way that regulations in the WaWa Point SRT Overlay are
modified from the standard SRT regulations countywide.
Specifically, cottage industry proposals in the 21.6 -acre Dosewallips SBCI Overlay are
subject to the provisions of the Brinnon Planning Area—Remote Rural Overlay (BRPA –
RR Overlay) as codified in the Unified Development Code (UDC) Section 3.6.12, with the
following exceptions:
1. A small-scale business or cottage industry land use approval application in the
Dosewallips SBCI Overlay shall be reviewed as a Type I permit process under
Section 8 of the UDC.
2. The limit on the number of employees permitted in any given small-scale business or
cottage industry in the Dosewallips SBCI Overlay shall be twenty-five (25); a
proposal for a greater number of employees requires approval under a conditional
use permit process, a Type III permit process under Section 8 of the UDC.
3. Small-scale businesses and cottage industries in the Dosewallips SBCI Overlay shall
be exempt from the limitation on total building area dedicated to the enterprise, as
set forth in UDC 4.17.3.o for Cottage Industry and UDC 4.20.4.c for Home
Business.
The UDC shall contain the specific regulations under a new Section 3.6.15: Small-scale
Business and Cottage Industry (SBCI) Overlay District.
The Dosewallips SBCI Overlay is depicted in Figure BR -6 EP, which effectively replaces
Figure BR -6 and is part of this Brinnon Subarea Plan Epilogue. Figure BR -6 EP displays the
Brinnon Rural Village Center and the Dosewallips SBCI Overlay.
Epilogue
This Brinnon Epilogue effectively amends the following Goals and Policies in the Brinnon
Subarea Plan:
[Page 32]
GOALS, POLICIES AND STRATEGIES:
GOAL:
G1.0 Enhance opportunity in and near the Brinnon Flats area by promoting
mixed-use, small-scale business and cottage industry development that
supports the "hamlet" character of the Brinnon center.
POLICIES:
P1.3 Designate the 21.6 acres depicted in Figure BR-6EP as the Dosewallips
Small-scale Business and Cottage Industry (SBCI) overlay district through
adoption of the Brinnon Subarea Plan Epilogue.
[Page 50]
[end]
GOALS, POLICIES AND STRATEGIES:
GOAL:
G1.0 Establish Bm' mon Planning Area—Remote Rural overlay district for the
purpose of regulating home business and cottage industry activities.
Establish Dosewallips Small-scale Business and Cottage Industry (SBCI)
overlay district as set forth in Brinnon Subarea Plan Epilogue (refer also to
P1.3 on page 32).
Epilogue
Figure BR -6 EP
N
i
Small-scale Business & Cottage Industry (SBCI) Overlay District
Rural Village Center (RVC) Boundary
BRINNON SUBAREA PLAN EPILOGUE - RVC & SBCI OVERLAY
1000 0 1000 2000 Feet
by—�dft� �Nbp d
JW� Ca* W-W L%.W� SYa+aa..
2003. 3:V'TavpW—Cunmxdal Pmp— — Coatlnba s�— — — l 33
PROPOSED AMENDMENTS TO THE UDC:
Brinnon Subarea Plan 2004 growth management compliance
3.6 Overlay Districts
3.6.1 Purpose.
Overlay Districts provide regulations in addition to those of other sections in this Code
for certain land areas and for uses which warrant specific recognition and management.
See the Official Maps for the location of the Overlay Districts. Except as otherwise
provided in this Section, the provisions of an overlay District shall prevail over any
conflicting provisions of this Code for the duration of the overlay district, subject to
Chapter 36, RCW. All other provisions of this Code shall remain in full force and effect
within the Overlay District. The following types of Overlay Districts are provided by this
Code:
1. Mineral Resource Lands (MRL);
2. Environmentally Sensitive Areas (ESA);
3. Airport Essential Public Facility District (A);
4. Remote Rural (RR) overlay for West End Planning Area (WEPA) and Brinnon
Planning Area (BRPA),
5. Planned Rural Residential Development (PRRD); aR
6. Small-scale Recreation & Tourist (SRT); and
7. Small-scale Business & Cottage Industry (SBCI)
3.6.12 Remote Rural Overlay Districts for the West End Planning Area and the
Brinnon Planning Area.
a. Home -Based Businesses...
(2) Home-based businesses in the BRPA RR overlay district shall be EXEMPT
from the following provisions of Section 4...
iv. The expansion limitations of the home-based business as specified in
Section 4.20. Instead, home-based businesses in the BRPA RR overlay
may be permitted conditionally at a non-residential location under
provisions of RCW 36.70A.070(5)(d)iii, which relate to the siting of
isolated small-scale businesses.
b. Cottage Industries. In the RR overlay districts, cottage industries shall be
regulated according to the following provisions.
(2) Cottage industries in the BRPA RR overlay shall be EXEMPT from the
following provisions of Section 4, Performance and Use -Specific Standards:
i. The number of non-resident employees permitted pursuant to the
requirements of Section 4.17. Instead, the number of non-resident
employees allowed is #eareight (8) and a number exceeding feu eight
(8) maybe allowed through a new or revised conditional use permit;
2/11/04
PROPOSED AMENDMENTS TO THE UDC:
Brinnon Subarea Plan 2004 growth management compliance
vi. The restrictions on expansion of a cottage industry as specified in
Section 4.17. Cottage industries in the BRPA RR overlay may be
permitted conditionally at non-residential locations under provisions of
RCW 36.70A.070(5)(d)iii, which relate to the siting of isolated cottage
industries.
[Note: The proposed amendments to section 3.6.12 involve correction and consistency
in association with sections under study as part of this compliance effort. The proposed
amendment creating a subsection a(2)iv under "Home -Based Business" is to reflect
statutory language at the cited section, in support of Brinnon Subarea Plan policy
language. The amendments to the "Cottage Industries" section represent a numbers
correction in subsection b(2)i and a consistency matter under b(2)vi, for the same reason
as described above.)
[NEW SECTION 3.6.15]
3.6.15 Small -Scale Business and Cottage Industry (SBCI) Overlay District
a. Purpose. The purpose of this Section 3.6.15 is to implement the Brinnon
Subarea Plan, a chapter of the Jefferson County Comprehensive Plan, by
establishing a small-scale business and cottage industry (SBCI) overlay district
north of and adjacent to Dosewallips Road and west of and adiacent to US
Highway 101. The intent of this section is to encourage small-scale business
and cottage industry development consistent with the needs, scale and rural
character of the Brinnon Planning Area and in compliance with the provisions of
RCW 36.70A.070(5)(d)(iii). This Section provides for certain exemptions, review
criteria and other requirements to encourage compatible rural economic
development in the Dosewallips SBCI overlay. The provisions of this section
allow for flexible application of small-scale business and cottage industry
standards to recognize the unique economic development characteristics and
needs of the area.
b. Applicability. This Section 3.6.15 shall apply to all small-scale business and
cottage industry uses identified in Table 3-1 of this UDC and subiect to the
performance standards identified in Section 3.6.12 (Remote Rural Overlay
Districts for the West End Planning Area and the Brinnon Planning Area), 4.17
(Cottage Industry), and 4.20 (Home Business), infra, except as exempted and
qualified by this Section 3.6.15. The Dosewallips SBCI Overlay District shall
encompass those areas within the Brinnon Planning Area so identified on Figure
BR-6EP (2004) of the Brinnon Subarea Plan. The provisions of this section
constitute an overlay district (i.e., floating zone) over the underlying rural
residential districts on the north side of the intersection of Dosewallips Road and
US_Highway 101. All other provisions of this UDC shall apply to such uses in the
SBCI overlay unless otherwise exempted by this Section 3.6.15.
2111/04 2
PROPOSED AMENDMENTS TO THE UDC:
Brinnon Subarea Plan 2004 growth management compliance
c. Small -Scale Business and Cottage Industry Uses. In the Dosewallips SBCI
overlay district, small-scale business and cottage industry uses shall be regu-
lated according to Section 3.6.12—Remote Rural Overlay Districts for the West
End Planning Area and the Brinnon Planning Area—with the following
exemptions and qualifications:
(1) A small-scale business or cottage industry land use approval application in
the Dosewallips SBCI Overlay shall be reviewed as a Type I permit process
under Section 8 of the UDC.
(2) The limit on the number of employees permitted in any given small-scale
business or cottage industry in the Dosewallips SBCI Overlay shall be twenty-
five (25); a proposal for a greater number of employees requires approval
under a conditional use permit process, a Type III permit process under
Section 8 of the UDC.
(3) Small-scale businesses and cottage industries in the Dosewallips SBCI
Overlay shall be exempt from the limitation on total building area dedicated to
the enterprise, as set forth in UDC 4.17.3.o for Cottage Industry and UDC
4.20.4.c for Home Business.
3.7 Subarea Plans
a. The Brinnon Subarea Plan is a chapter of the Jefferson County Comprehensive
Plan that established policies and regulations specific to the Brinnon Planning Area
(Planning Area #11). Unless modified by the Brinnon Subarea Plan, all other
policies and regulations of the Comprehensive Plan and this Unified Development
Code apply to project proposals in the Brinnon Planning Area. Brinnon Subarea
Plan measures specific to the Brinnon Planning Area are incorporated into this
Code in the following subsections:
(1) 3.6 Overlay Districts
i. 3.6.12 Remote Rural Planning Area (provisions for Home Business
and Cottage Industry)
ii. 3.6.14 Small -Scale Recreation and Tourist (SRT) Overlay District
(provisions for SRT uses in the WaWa Point SRT overlay)
iii. 3.6.15 Small-scale Business and Cottage Industry (SBCI) Overlay
District (provisions for SBCI uses in the Dosewallips SBCI overlay)
4.17 Cottage Industry.
3. All cottage industries shall be subject to the following standards, except
as provided for in the West End Planning Area and Brinnon Planning
2/11/04 3
PROPOSED AMENDMENTS TO THE UDC:
Brinnon Subarea Plan 2004 growth management compliance
Area—Remote Rural overlay districts as specified in section 3.6.12 and
the Dosewallips Small-scale Business and Cottage Industry overlay
district as specified in section 3.6.15:
I. The granting of the proposed cottage industry use shall not constitute a
rezone. No expansions of approved cottage industries are permitted,
except as specified in SeOien 3.6.12 GGRGemiRg the Remote R Fal
eveday elsewhere in this Code.
4.20 Home Business.
4. A home business shall meet the requirements of this Code and the
following standards, except as provided elsewhere in this Code for small-
scale businesses in specified overlay districts:
c. The area devoted to the home business does not exceed fifty percent
(50%) of the gross floor area of the dwelling unit, or 1,200 square feet,
whichever is greater. The home business may be located in an
attached or detached structure, but in no case shall be allowed to
expand beyond the size permitted by this Section 4.20; except as
allowed by Sentien 3 6 12 (West Cn`t Ramping /Area and Bdnnen
PlaRRing AFea Remate RuFal eyerlay distrtct- )elsewhere in this
Code;
8.1 Types of Project Permits.
4. Project Permit Application Framework.
TABLE 8-1: PERMITS – DECISIONS
[column]
Type I
[addition to permit Type I column]
Small-scale business and cottage industry (SBCI) uses in SBCI overlay district under
Section 3.6.15
[end]
2/11/04 4
JEFFERSON COUNTY
GUEST LIST
HEARING: Proposed Brinnon Sub Area Plan
DATE: Monday, March 1, 2004 at 11:00 a.m.
PLACE: Commissioners' Chambers
NAME (Please Print)
STREET ADDRESS
CITY
Testimony?
YES NO MAYBE
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To: Port Townsend & Jefferson County Leader
LEGAL NOTICE
Publish one (1) time: Wednesday, February 18, 2004
NOTE: Please publish in 7 point font.
Bill: Jefferson County Department of Community Development
621 Sheridan St., Port Townsend WA 98368
(Josh D. Peters; 360-379-4466)
Date: Thursday, February 12, 2004
NOTICE OF PUBLIC HEARING
BEFORE THE JEFFERSON COUNTY BOARD OF COMMISSIONERS
BRINNON SUBAREA PLAN COMPLIANCE
WITH STATE ENVIRONMENTAL POLICY ACT
AND GROWTH MANAGEMENT ACT
NOTICE IS HEREBY GIVEN that on Monday, March 1, 2004, at 11:00 AM in the Commissioners
Chambers, Jefferson County Courthouse, 1820 Jefferson St, Port Townsend, the Jefferson County Board
of Commissioners shall hold a public hearing on the adoption of an ordinance representing action to
achieve compliance with the State Environmental Policy Act (SEPA) and the Growth Management Act
(GMA) concerning the 2002 adoption of the Brinnon Subarea Plan and associated Comprehensive Plan
(CP) and Unified Development Code (UDC) amendments. [Originally this hearing was scheduled for
February 23.] Written comment will be accepted until the close of the public hearing on March 1.
Proposed for amendment through ordinance are the Brinnon Subarea Plan via the inclusion of an
Epilogue section and land use district map replacing a 22 -acre Light Industrial district with a Small-
scale Business and Cottage Industry (SBCI) overlay district immediately north of Dosewallips Road and
west of US Highway 101; CP sections that correspond with the proposed SBCI overlay; and a new UDC
section 3.6.15 that will detail the development regulations for the SBCI overlay. The Board will also
consider an environmental analysis document that supplements previous SEPA documents prepared in
conjunction with adoption of the Brinnon Subarea Plan in 2002. The current compliance effort is in
reaction to Amended Final Decision and Order No. 03-2-007, issued by the Washington Growth
Management Hearings Board on November 3, 2003.
Copies of the draft ordinance, proposed amendments, and environmental analysis are available at the
Courthouse, at the Department of Community Development, 621 Sheridan St, Port Townsend WA
98368, and on the DCD website: www.co.jefferson.wa.us/commdevelopment/. Use the "Issue Links"
portal to find information about the Brinnon subarea planning process. For additional information,
contact Long -Range Planning at (360) 379-4450 or planning_(i4co.iefferson.wa.us.
Approved: February l Jl 2004
pP �' ,
Jefferson County Board of Commissioners
Dan Titterness Member
ick M. Rodgers, Member