HomeMy WebLinkAbout11 1215 09
STATE OF WASHINGTON
County of Jefferson
MLA09-00077 Port of Port Townsend
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AN ORDINANCE APPROVING ONE
COMPREHENSIVE PLAN AMENDMENT,
FILE NUMBER:
Ordinance No. 11-1215-09
WHEREAS, the Board of Jefferson County Commissioners ("the Board") has, as
required by the Growth Management Act ("the GMA"), as codified at RCW 36.70A.010
et seq., set in motion and now properly completed 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 GMA, the Board has reviewed and voted upon
the proposed amendments to the County's Comprehensive Plan ("CP") that composed the
2009 Comprehensive Plan Amendment Docket ("the Docket"), and;
WHEREAS, of the two (2) proposals that compose the Final Docket, one (1) was
withdrawn by the applicant; and one (1) was approved or approved with modification:
MLA09-00077 (Port of Port Townsend), and the UDC amendment associated with Port
of Port Townsend MLA09-00077, and;
WHEREAS, an adopting Ordinance is required to formalize the Board's
legislative action, and;
WHEREAS, the Board makes the following Findings of Fact with respect to the
2009 Comprehensive Plan Amendment Cycle and these four amendments:
1. The County adopted its Comprehensive Plan in August 1998 and its development
regulations or Unified Development Code (UDC), Title 18 in the Jefferson County
Code (JCC) in December 2000. The CP was reviewed and updated in 2004.
Ordinance No. 11-1215-09 re: MLA09-00077 Port of Port Townsend
2. The GMA, which mandates that Jefferson County generate and adopt a CP
requires that there be in place a process to amend the CPo
3. The amendment process for the CP must be available to the citizens of this County
[including corporations and other business entities] on a regular basis. In
accordance with RCW 36.70A.130, CP amendments can generally be considered
"no more frequently than once per year."
4. This particular amendment cycle began on or before March 1,2009, the deadline
for submission of a proposed CP amendment.
5. All of the amendment proposals were timely filed by March 1,2009.
6. Two formal site-specific amendments and one suggested amendments (for a total
of three) were placed on the Preliminary Docket through the CP amendment
process referenced at JCC Section 18.45.050.
7. All site-specific Comprehensive Plan amendments are included in the Final
Docket in accordance with JCC 18.45.060 (4)(b)(i).
8. The Department of Community Development (DCD) issued an Administrator's
Report on the Suggested Amendments on May 5, 2009, analyzing the proposed
suggested amendments on the Preliminary Docket and offering the
recommendation that only MLA07-104, Industrial Land Bank, not be docketed for
the 2009 amendment cycle.
9. The Planning Commission held a duly-noticed open public hearing on the
Preliminary Docket for all suggested amendments on May 20, 2009.
10. The Planning Commission completed its recommendation on the Preliminary
Docket on May 20,2009, recommending that suggested amendment MLA07-104,
Industrial Land Bank, be placed on the Final Docket.
II. The Board of County Commissioners held a duly noticed open public hearing on
the issue of the Final Docket on June 22, 2009.
12. The Department of Community Development, the Department of Public Works,
Fire District #1 and Port of Port Townsend met on August 6,2009, to review the
amendments for possible transportation issues.
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Ordinance No. 11-1215-09 re: MLA09-00077 Port of Port Townsend
13. On June 22,2009, the Board voted, that MLA07-l04 not be included on the 2009
Final Docket but that the amendment application move forward to be reviewed
during the next amendment cycle in 2010.
14. The Final Docket was established by the BoCC on June 22, 2009. The Final
Docket for 2009 did not include any suggested amendments, and included only the
two site-specific amendment proposals.
15. On August 17,2009, application MLA09-00064 was withdrawn by the proponent
John Thomas Graham, leaving one site-specific amendment proposal.
16. The Planning Commission and the Board of County Commissioners held ajoint
workshop on September 2, 2009 to provide an opportunity for the site-specific CP
amendment applicant to make a public presentation on their proposal.
17. The Department of Community Development published the 2009 Comprehensive
Plan Amendment Docket, Staff Report and SEP A Addendum, an integrated Growth
Management Act and State Environmental Policy Act document on September 2,
2009. The report analyzes the proposal on the Final Docket and offered a
preliminary recommendation.
18. The proposed amendment has been subject to a SEP A analysis through the DCD
Staff Report and SEPA Addendum dated September 2, 2009. The entire
amendment cycle shall now be considered cumulatively with respect to a county-
wide environmental review ofthe associated impacts, if any, of these proposals.
19. The Planning Commission held a duly noticed open public hearing on September
16,2009. Oral public comment relating to the proposed amendment was taken
during the public hearing, and written comments were accepted through the close
of business October 5,2009.
20. The text of the proposed amendments to the development regulations were made
available to the public no later than the publication date of the applicable Staff
Report, which was September 2, 2009, more than one month before public
comment period closed.
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Ordinance No. 11-1215-09 re: MLA09-00077 Port of Port Townsend
21. The Planning Commission deliberated on the proposed amendment on their
regularly scheduled meeting of October 7, 2009.
22. The above statements indicate that the proposed CP amendments were and are the
subject of "early and continuous" public participation as is required by GMA.
23. For the proposed amendment included in the 2009 Comprehensive Plan
Amendment Docket, the Planning Commission reviewed the growth management
indicators found at JCC 18.45.080 and JCC 18.45.050.
24. The Planning Commission recommendations were transmitted to the Board
through formal memoranda dated November 4, 2009, and are part of the record for
the legislative decision.
25. Incorporated by reference in the recommendation report were the meeting minutes
and audio recordings from Planning Commission meetings held on October 7,
2009, during which deliberations took place and the recommendation was
formulated, and on November 4, 2009, during which a motion to rescind the vote
to recommend approval failed and the recommendation memorandum was
fmalized.
26. The Planning Commission recommended approval ofMLA09-00077 to rezone
approximately 24 acres from rural residential (RR I: 10) to Airport Essential
Public Facilities (AEPF) and to amend the UDC by creating an Airport Overlay III
under JCC 18.15.453 in Title 18.15 of the Jefferson County Code.
27. The Planning Commission found that the MLA09-00077 proposal is consistent
with the Growth Management Act, the County-wide planning policies, any other
inter-jurisdictional policies or agreements, and any other local, state or federal
laws.
28. The BoCC concurs with the Planning Commission and states that MLA09-00077,
as adopted, is consistent with the Growth Management Act, the County-wide
planning policies, any other inter-jurisdictional policies or agreements, and any
other local, state or federal laws.
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Ordinance No. 11-1215-09 re: MLA09-00077 Port of Port Townsend
29. With respect to the consistency between MLA09-00077 and certain provisions
found in Chapters 3, 7 and 9 of the current Comprehensive Plan, this finding
incorporates by reference the text found in the September 2, 2009 Staff Report at
pages 2-5 through 2-9 inclusive.
30. The Comprehensive Plan text found in Chapters 3, 7 and 9 which supports the
adoption of this Plan Amendment was made part of the Comprehensive Plan
through Ordinance #16-1213-04 adopted by the Board in December 2004.
31. MLA 09-00077 is consistent with the Regional Transportation Plan propounded
by the Peninsula Regional Transportation Planning Organization because, in part,
the Comprehensive Plan and this amendment implementing portions of
Comprehensive Plan Chapters 3, 7 and 9 support "the economic vitality of airports
that are designated as Essential Public Facilities by identifying appropriate land
uses at and adjacent to airports in local Comprehensive Plans and development
regulations."
32. MLA09-00077 supports efforts of the Port of Port Townsend to identify the
Jefferson County International Airport (JCIA) as a self-supporting essential public
facility. This may include, but is not limited to, the siting of appropriately scaled
aviation and non-aviation related industrial/manufacturing activities in the Airport
Essential Public Facilities District as identified in Economic Development
Element Policy EDP 4.4.
33. In accordance with County-wide Planning Policy 7.5, recognize the legislative
authority of the Port of Port Townsend as a valuable tool to implement industry,
trade strategies and promote employment opportunities as identified in Economic
Development Element Policy EDP 4.5.
34. Because MLA09-00077 supports the economic vitality of the Jefferson County
International Airport, approval of this Plan Amendment aligns the County's land
use planning with RCW 36.70A.200(5) which states "no local comprehensive plan
or development regulations may preclude the siting of essential public facilities."
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Ordinance No. 11-1215-09 re: MLA09-00077 Port of Port Townsend
35. Adoption of this Comprehensive Plan amendment with its related revisions to the
County's development regulations has been contemplated by the text of the
County's Comprehensive Plan since 2004 when the BoCC enacted Ordinance #16-
1213-04 amending Chapters 3, 7 and 9 of the Comprehensive Plan
36. In turn, the decision of the BoCC to adopt Ordinance #16-1213-04 in December
2004 represented the County's fulfillment of commitments made to the Port of
Port Townsend in two Settlement Agreements signed by the Port and the County
dated, respectively, December 22, 2003 and July 24, 2002. Those Settlement
Agreements were agreed to in lieu of fully litigating the Port's 2001 Petition for
Review to the Western W A Growih Management Hearings Board, WWGMHB
#01-2-0016.
37. Those same Settlement Agreements note that the County's Comprehensive Plan,
even prior to the adoption of Ordinance #16-1213-04 "direct[s] the County to
cooperate with the Port to develop a plan to guide further development at the JCIA
to include evaluation of non-aviation land uses and activities that are compatible
with the airport facility and surrounding rural environment."
38. Those same Settlement Agreements expressly discussed the obligation of the
County "to revisit and consider the issue of the uses allowed within the airport
[EPF], specifically to include the issue of whether such uses should continue to be
restricted to aviation support facilities and aviation related development."
39. Thus, the concept of increasing the number of allowed uses at the Airport EPF to
include non-aviation light industrial uses (paired with development standards that
are rural in nature) has been contemplated in the County's planning process since
at least 200 I.
40. The Planning Commission approved and recommends the UDC amendment that is
associated with the Comprehensive Plan amendment in MLA09-00077.
41. The Planning Commission voted on the individual Comprehensive Plan
amendment considering the Growth Management Indicators in 18.45.080 JCC.
The Planning Commission also came to the conclusion that when applying the
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Ordinance No. 11-1215-09 re: MLA09-00077 Port of Port Townsend
Growth Management Indicators found in 18.45.050 JCC regarding "cumulative
impacts" of its decision on the site-specific amendment, they found no reason to
change the recommendation.
42. DCD staffrecommendations remained unchanged from the September 2,2009
Staff Report throughout the process.
43. The Board made a motion to consider the Planning Commission recommendation
on November 16,2009, and hold a public hearing to hear testimony before
deliberating and making a decision to either approve, approve with conditions or
deny MLA09-00077.
44. All procedural and substantive requirements of the GMA, through the JCC (Title
18) and the Planning and Enabling Act (RCW 36.70), have been satisfied.
45. The Board deliberated on the proposed Comprehensive Plan amendment on
December 7, 2009 and made a motion to hold the record open until Monday,
December 14, 2009, the required date on which any ordinance adopting any
amendment on the final docket shall be signed.
46. Deliberations of the BoCC occurred on December 15,2009 at a Special Meeting
held on that date for that purpose. All oral and written testimony received through
December 14, 2009 was considered by the BoCC and the audio recording of the
deliberations are also incorporated by reference.
47. Pursuant to JCC Section 18.45.080(2)(c), for all adopted amendments the Board is
required to develop findings and conclusions which consider the growth
management indicators set forth in a) JCC Section l8.45.050(4)(b)(i) through
(vii), and b) items (i) through (iii) in JCC Section 18.45.080(l)(b).
48. JCC Section 18.45.080(1)(c), which contains eight criteria from which the Board
must generate findings, is applicable only to site-specific Comprehensive Plan
amendments.
49. Inquiry into the growth management indicators referenced above was begun for
the 2009 Docket through the DCD integrated Staff Report and SEP A Addendum
of September 2,2009.
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Ordinance No. 11-1215-09 re: MLA09-00077 Port of Port Townsend
50. The Board adopts the Planning Commission's findings and conclusions with
respect to the growth management indicators as detailed in the Planning
Commission meeting minutes and audio recordings from October 7,2009, and
November 4,2009, during which deliberations took place and the
recommendations were formulated.
51. These findings are also augmented by the September 2, 2009 staff findings and
conclusions, except when and as noted below.
52. With respect to the individual amendments adopted by the Board, the Board enters
the following case-specific findings and conclusions:
53. The 24 acre subject site Assessor's Parcel Number 001-331-005, was acquired
during the 2002 Airport Master Plan process under Resolution No. 235.97 and
identified in the Airport Master Plan dated September 2003, page 6-7 as
"... property owned or acquired by the Port south of the runway should be utilized
for rural level development activities that directly or indirectly support the
operation of the airport as a self-sustaining economic enterprise. This will not
only reduce or eliminate the need for operating subsides, but will promote more
compatible land uses and provide for further economic development opportunities
in the County. Future development plans should include provisions for additional
hangar space as well as well as job generating, light manufacturing or industrial
uses that generate revenues that support airport operations. All development
activities must be rural in character, only requiring rural levels of service, and
must comply with FAA safety requirements for height, light, smoke, etc. All
supportive development activities must also comply with the provisions of the
Jefferson County Comprehensive Plan and Unified Development Code."
54. Specifically, the board adopts the staff Cumulative Impact Analysis in the staff
report, including the Growth Management Indicators, beginning on Page 2-9.
55. Furthermore, the Board incorporates here by reference Table 2 found in the DCD
Staff Report and SEPA Addendum of September 2,2009 at p. 1-9, particularly
8
Ordinance No. 11-1215-09 re: MLA09-00077 Port of Port Townsend
that part of Table 2 containing information on the amount of acreage in the Rural
Residential designations RR 1:10.
56. A review of that portion of Table 2 indicates that about !l3 of the County's Rural
Residential land has a designation ofRR I :5, about !19th ofthe County's Rural
Residential land has a designation of RR 1: 1 0 and the remainder, approximately
55-60% of the County's Rural Residential land holds the zoning designation of
RR 1:20.
57. Those rough proportions will not be changed in any significant manner by the
board's approval ofMLA09-00077 and thus the County continues to have, even
after the adoption of this Comprehensive Plan amendment, the variety of rural
residential densities required by the GMA.
58. MLA09-00077 for APN 001-331-005 is submitted by the Port of Port Townsend.
The parcel is located approximately !l3 mile east of the intersection of SR 20 and
Four Corners Road. The applicant seeks to rezone 24 acres from Rural Residential
to Airport Essential Public Facility (AEPF).
59. The Board adopts the map for MLA09-00077 in Attachment "A" signed by the
Planning Commission chair on November 10, 2009.
60. The Board also recognizes the needed change to the Unified Development Code in
association with the zoning change made in regard to MLA09-00077 to assure
consistency, and unanimously adopts the line-in/line-out changes ofMLA09-
00077, shown in Attachment "B".
61. With respect to MLA09-00077 [Port ofPT], the Board voted unanimously,
concurring with, and adopting as if stated in full here, the findings and conclusions
in favor thereof of the Planning Commission (See Findings of Fact 50) and as
supplemented herein.
62. The Board unanimously approved the motion to direct staff to write an ordinance
to memorialize their actions.
9
Ordinance No. 11-1215-09 re: MLA09-00077 Port of Port Townsend
63. Adoption of this Ordinance by the BoCC is authorized by both the Growth
Management Act and the general police powers provided to local governments by
Article XI, Section 11 of the State Constitution.
64. Adoption of this Ordinance furthers the health, safety and general welfare of the
populace of this County.
65. The current Jefferson County Comprehensive Plan at page 9-6 acknowledges "The
long-term economic viability of the airport, as well as the economic development
goals and policies contained in the Comprehensive Plan, support consideration of
the expansion of the airport uses to include appropriately scaled non-aviation
related industrial development, provided that such uses are consistent with GMA."
This is one reason why Staff has recommended approval.
NOW, THEREFORE, BE IT ORDAINED as follows:
Section One: Under MLA09-00077 [Port of Port Townsend], 24 acres identified as APN
001-331-005 which is located approximately !l3 mile east of the intersection of SR 20
and Four Corners Road and directly abutting the southerly boundary of the Jefferson
County International Airport, Port Townsend, W A, shall be given in its entirety an
underlying land use designation of Airport Essential Public Facility depicted on the
corresponding map in "Attachment A" .
Section Two: In concurrence with the Comprehensive Plan amendment under MLA09-
00077 (Port of Port Townsend), an amendment to the Unified Development Code,
Chapter 18 of the Jefferson County Code, is hereby adopted in accordance with the line-
in/line-out notations set forth in "Attachment B".
Section Three: Assessor's Parcel Number 001-331-005 shall be the location of the
Airport Overlay III.
10
Ordinance No. 11-1215-09 re: MLA09-00077 Port of Port Townsend
Section Four: Ifany section of this Ordinance is deemed either non-compliant or invalid
pursuant to the Growth Management Act, then the development regulations and/or
underlying zoning designations applicable to that parcel or parcels prior to adoption of
the non-compliant or invalid section of this Ordinance shall be applicable to that parcel or
parcels.
Section Five: If any section of this Ordinance is deemed either non-compliant or invalid
pursuant to the Growth Management Act, such a finding of non-compliance or invalidity
shall not nullify or invalidate any other section of this Ordinance.
Section Six: The map is hereby incorporated by attachment (Attachment A).
Section Seven: This Ordinance becomes effective on the date it is executed.
JEFFERSON COUNTY
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ATTACHMENT B:
Amendments to the Text of Chapter 18.15 of the
Jefferson County Code:
A. Amend JCC 18.15.1112. to read as follows:
18.15.1112 Purpose and intent.
The purpose and intent of this article is to regulate land uses within the
airport essential public facility district (AEPF) in order to encourage orderly
economic development in a manner compatible with the Jefferson Countv
International Airoort Master Plan. airport operations and adjacent properties~
and to protect the Countv's onlv existing general aviation public use airports
from conflicting or incompatible adjacent land uses or activities,
B. Amend JCC 18.15.1114, to read as follows:
18.15.1114 Permitted, conditional and prohibited uses.
New development within the AEPF district shall be restricted principally to
aviation support facilities and aviation-related manufacturing/light industrial
uses that directly or indirectly support its operation as an essential public
facility. However, certain public and quasi-public nana'/iatian r.olaled uses
and non-aviation-related ruralliaht industrial uses may be permitted as
specifically set forth in this section. and JCC 18.15.453. et sea,
C. Amend JCC 18.15.405. to read as follows:
18.15.405 Designation.
The JCIA has been identified as an essential public facility in the Jefferson
County Comprehensive Plans of 1998 and 2004, The airport represents a
valuable public asset It provides both an important transportation service
and a vital asset to facilitate economic growth in the county, As such,
protection measures are needed to preserve the continued future viability of
the airport, Therefore, twG three airport overlays are hereby created, as
follows:
(1) Airport Overlay I. For the purpose of this section, the Airport Overlay I
is that geographic area affected by the airport and defined on the basis
of factors wIliGJ:l that include aircraft noise, aircraft flight patterns and
airport safety areas. It is based on the Noise Contour Interval Map
contained in the FAA-approved JCIA master plan, which projects the
55 DNL contour through the year 2022;
(2) Airport Overlay II. For the purpose of this section, the Airport Overlay II
is that geographic area that is affected by the FAA-mandated airport
traffic pattern for the JCIA and defined on the basis of aircraft flight
patterns and safety areas, It includes areas that lie adjacent and to the
Attachment B
B-1
PORT of PT JCIAlEPF
CODE AMENDMENTS
south of Airport Overlay I and is based upon the Aircraft Accident
Safety Zone NO.6 contained in the "Airports and Compatible Land
Use" publication of the Washington State Department of
Transportation's Aviation Division (2/99), to the extent that Zone NO.6
correlates with the FAA-mandated airport traffic pattern for the JCIA as
set forth in the FAA-approved JCIA master plan~: and
(3) Airoort Overlav III. For the ouroose of this section. the Airoort Overlav
III is that aeoaraohic area that has been aooroved for inclusion in the
airoort essential public facilitv district throuah the Jefferson Countv
Comorehensive Plan text and land use amendment orocess. or other
aoolicable orocess. and which the Countv has determined is
aoorooriate for a limited ranae of non-aviation-related ruralliaht
industrial uses that foster the Port's abilitv to assure the Ion a-term
financial viabilitv of the AEPF, It is consistent with. and helos to
imolement. the FAA-aooroved JCIA master olan. which anticioates
non-aviation-related industrial develooment to the south of the runwav
areas.
D. Add a new section JCC 18.15.453, "Airport Overlav III", to read as
follows:
18.15.453 Airoort Overlav Ill.
(1) Puroose, The purpose of the Airoort Overlav III is to provide a
limited oooortunity for rural scale non-aviation-related industrial
uses that contribute the lona-term financial viabilitv of the AEPF
and to enhance the economic vitality and auality of life for the
citizens of Jefferson Countv,
(2) Overlav Mao. Jefferson Countv will prepare and maintain an
Airoort Overlav III mao that identifies the parcels located within the
overlav.
(3) Permitted. conditional and prohibited uses. Notwithstandina the
oermitted. conditional and prohibited use limitations set forth in JCC
18,15,1114 throuah 18,15,1112. thefollowina uses shall be
oermitted within the Airoort Overlav III desianation:
(i) Non-aviation-related light industrial/manufacturina.
(4) Develooment standards. In addition to the standards for new
develooment in the AEPF district set forth JCC 18.15.1124 throuah
18,15,1132. the followina provisions shall aoolv:
(a) Imoervious surface coveraae. buildina dimension and heiaht
restrictions.
Ii) Total imoervious surface coveraae shall not exceed
25%,
(Ii) No structure shall exceed 10.000 sauare feet in size.
(iiD Notwithstandina JCC 18.15.1130. in no instance mav
structures exceed 35' in heiaht.
Attachment B
B-2
PORT of PT JCIAlEPF
CODE AMENDMENTS
Attachment B
(b) Veaetation retention and oerimeter bufferina. Existina
veaetation should be maintained to the maximum extent
oracticable in order to reduce soil erosion. orovide habitat for
wildlife. screen liaht industrial uses from view. and maintain
the ore-develooment hvdroloaic reaime, Additionallv. the
Port shall maintain a minimum 50' wide buffer alona the
outer oerimeter of each ownershio oarcel (Le.. not leasehold
oarcels created throuah a future bindina site olan orocess)
within the overlav to screen industrial uses from view and
maintain the unincoroorated rural aesthetic values of the
locale,
(c) Low imoact develooment (LID). Develooment occurrina
within the Airoort Overlav III shall incaroorate low imoact
develooment oractices to the maximum extent feasible. The
most recent edition of the Low Imoact Develooment
Technical Guidance Manual for Pucet Sound (Mav 2005J.
Develooed bv the Puaet Sound Action Team in collaboration
with the Washinaton State Deoartment of Ecoloav. shall be
used as a orimarv source bv the County in reviewina and
mitiaatina develooment occurrina within the overlav district
B-3
PORT of PT JCIAlEPF
CODE AMENDMENTS