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Home My WebLink About2961-348 Gj}:~ ,\ t.Ol'ft\IYl'\>>. ~ Michelle McConnell ]Atf I From: Sent: To: Cc: Subject: Attachments: Rentz, Karen (Perkins Coie) [KRentz@perkinscoie.com] Friday, January 30, 2009 3:33 PM Michelle McConnell Mackie, Sandy (Perkins Coie) Comment re Shoreline Regulations Jefferson County Planning Commission Itr #1.pdf; Drawing.pdf ~ To: Jefferson County Planning Commission c/o Michelle McConnell See attached comment letter and attachment on behalf of Port HadlocklK.S.C., L.L.C. Karen Rentz I Perkins Coie LLP LEGAL SECRETARY TO SANDY MACKIE 1201 Third Avenue, Suite 4800 Seattle, WA 98101-3099 PHONE: 206.359.6140 FAX: 206.359.7140 E-MAIL: krentz((iloerldnscoie.com <<Jefferson County Planning Commission Itr #1.pdf>> <<Drawing.pdf>> NOTICE: This communication may contain privileged or other confidential information. If you have received it in error, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you. 1 per~ Coie Alexander W. Mackie I'lIOHE: (206) JS9-86SJ I!NAII.: AMackle@perkinscoie.com 1201 Third Avenue. Suite 4800 Seattle. WA 98101-3099 PHONI: 206.359.8000 FAX: 206.359.9000 www.perklnscoie.com January 30, 2009 VIA E-MAIL MMCCONNELL@CO.JEFFERSON.WA.US Jefferson County Planning Commission c/o Michelle McConnell Jefferson County Dept. of Community Dev. 621 Sheridan Street Port Townsend, W A 98368 Re: Shoreline Regulation Changes Recommended Dear Commissioners: I am writing this letter to request that you make a minor modification in the proposed shoreline regulations dealing with marine shorelines designated for intense use. The intense use designations are targeted at areas that have existing development and where the public access and necessary waterfront activities already exists. In this case my client, Port HadlockIK.S.C., L.L.C., owns the Hadlock Marina and related uplands. See Parcel B on the attached materials. The concerns arise from the decision to impose a uniform 150-foot buffer on all salt water shorelines. You should be aware that there is no scientific basis for the uniform marine buffer requirement, as the work of Dr. Houghton in Pierce County showed. Similarly Dr. Lee's work on waters and wetlands, approved by WDOE for wetland and FWHCA protection in the City of Mount Vernon, showed that often uniform buffers only serve to lock in presently damaging circumstances and prevent restoration, often in areas of existing development where restoration and upgrade are needed most. In the present regulations, the 1 SO-foot buffer is imposed by Section VI: D. Regulations - Critical Areas and Shoreline Buffers 999!)9-9774ILEOALIS223094.I ANCltORAGE . BEIJING. BELHVUE . BOISE. CHICAGO. DENVER. LOS ANGUES . MENLO PARK OLYMPIA. PHOENIX. PORTLAND. SAN FRANCISCO, SEATTLE. SHANGHAI. WASHINGTON. D.C. Perkins Coie LlP and Affiliates Jefferson County Planning Commission January 30, 2009 Page 2 I. Subject to the exceptions listed below, the Critical Areas provisions of JCC Chapter 18.22, dated March 17, 2008, Ordinance #03-0317-08, are incorporated by reference, except that permit, nonconforming use, appeal, and enforcement decisions within shoreline jurisdiction shall be governed by this Program and not JCC Chapter 18.22. 2. In the event development or performance standards in JCC Chapter 18.22 are inconsistent with standards and requirements in this Program, this Program shall govern. 3. Unless otherwise stated, no development shall be constructed, located, extended, modified, converted, or altered, or land divided without full compliance with JCC Chapter 18.22 and this Program. You provide exemptions from the buffer provisions, but only in limited circumstances: 3. Water-oriented UseslDevelopment: When otherwise consistent with this Program and JCC Chapter 18.22, the following water-oriented uses/developments may be permitted within a shoreline buffer without a shoreline variance. The amount and extent of buffer modification shall be the minimum needed to accommodate the allowed use/development This allowance for water-oriented uses/developments within shoreline buffers without a shoreline variance may apply to the primary use and/or to the following accessory uses/structures: i. Primary uses and structures that meet the definition of a water-dependent or water~related use/development as defined in Article 2. ii. Boating facilities accessory to a single-family residential development including rails, docks, piers and floats; iii. Boathouses accessory to a single-family residential development provided that all of the following are met: a. The boathouse is used to store watercraft and shall not be used as or converted to a dwelling unit. The County shall require a notice on title indicated such; and 99999-97741LEOALl5223G94.1 Jefferson County Planning Commission January 30, 2009 Page 3 b. The boathouse has a maximum footprint of 300 square feet and a maximum height of 15 feet above average grade; and c. The primary doorway/entryway faces the water; and d. The structure is located entirely landward of the ordinary high water mark. iv. Pedestrian beach access structures; and v. Public access structures, including but not limited to docks, piers, floats or pedestrian beach access structures accessory to commercial, industrial, port or other allowed uses/developments; and vi. Certain utilities and essential public facilities as specified in Article 8, Section 11. The terminology is confusing in that the heading makes reference to "water-oriented" uses and developments, but then limits the easing of the buffer standards to" primary uses and structures" meeting the definition of , \vater -dependent" and "water-related," which would certainly include marinas but effectively limits related development as "accessory uses" are limited to '~ublic access structures", effectively prohibiting marina offices, showers and restroom facilities, or the marine store or marina-oriented food service so commonly found in marina areas. In addition, the language would seem to also prohibit the very type of mixed use urban development envisioned in the tourist related zone contemplated for the Port Hadlock intense use shoreline. (See proposed zoning map scheduled to go into effect once the sewer issues are resolved for the Tri Area.) We believe the regulations are overly broad and unduly burdensome when other approaches are available to the County to achieve a more comprehensive and environmentally superior result. One better approach would be for the County to encourage redevelopment in the few "intense development" designated shorelines by extending the critical area "stewardship program", now presently limited to residential development, to the few marine shorelines approved for intense use. Such an approach would encourage the redevelopment of the intensely developed shorelines, which means upgrading storm water control, meeting all modem environmental standards, and assuring no net loss of function and value, but without hamstringing the nature of that development. All development still needs to meet the base criteria of the Shoreline Management 99999-9774/LEGALI S223094.l Jefferson County Planning Commission January 30,2009 Page 4 Act, but would facilitate a broader range of uses, encouraging greater shoreline use and access in areas where intense development has already occurred. We believe the amendment requested goes a long way to achieving Governor Gregoire's aim of a "ftshable, S\\~mable, digable" system of inland waters offering a wide variety of water oriented, water enjoyment. Water related and water dependent uses centered in the areas of exi$ting development. Your time and attention are appreciated. Sincerely yours, 11/f~ Alexander W. Mackie A WMIkr Enclosure cc: Paul Christensen w/enc. Richard Gress w/enc. 99999-9774/LEGALlSm094.1 ~Q':~ Sf>~~, p6 NB2-J75S.W 153.12' UJ . N- j!'l ~ Ql . p'" OC1l ON Z PARCEL B mvPUMP HOUS ~. 1~~ ~~ z S89'02'26PE 589"02'26"E ElCIS1l>I<:AllPHAt.TIlOo\D HADLocK Il4Y IlOAD PARCEL A 30' EASEMENT FOR INGRESS, -E~E.a!; -ANo...um.llIE5- _ _ _ _ _ _ _ _ _ _ _ _ _ 448.40' 30' EASEMEN FOR INGRESS, -UUWIlES._____ ----------- RESULTANT PARCELS