Ordinance _____
Establishing "Interim
Official Controls" on Lands Subject to Non-compliance and Invalidity,
Pursuant to RCWs 36.70A.390, 36.70.795, 35.63.200, and 36.70A.130(2)(b); and
Excepting Development Allowed Under RCW 36.70A.302(3)(B)
Section 1.
Interim Official Controls are created to
read as follows:
.010 Incorporation of testimony.
The Board adopts and incorporates herein the
referenced Hearings Board orders and findings, the recitals made by staff, and
public testimony and documents received at the public hearing.
.020 Incorporation of resolution of specific
findings and attachments.
The Board adopts and incorporates herein
the Resolution of Specific Findings and Attachments hereto defining and
delineating the interim official controls in response to the referenced Growth
Management Hearings Board Order of Non-compliance and Invalidity. Clallam County Department of Community
Development is working to permanently address the compliance and invalidity
issues noted in the April 23, 2008, Final Decision and Order of the Hearings
Board.
.030 Receipt
and Acceptance of Applications for Land Use Development.
With the exception of acceptance of
applications for land use development allowed under these interim controls, the
acceptance of applications for land use development of any kind requiring
County review or approvals for uses on lands delineated in the Order on Invalidity
after the County received the Order on April 24, 2008 are hereby prohibited,
EXCEPT that such prohibition shall not apply to applications received and
accepted before April 24, 2008 which applications shall thereafter have been
deemed complete and which are considered vested by law, nor to those lands
which meet the invalidity-exception criteria under RCW 36.70A.302(3)(b), nor to
those lands subsequently removed by the Hearings Board from its Order of Invalidity
following the submission of compliant comprehensive plan amendments and
regulations. Any application for a development permit that was received by the
Clallam County Department of Community Development after April 24, 2008, that
is within one of the invalidated zoning areas, and that does not qualify as one
of the above exceptions, may be returned upon request along with a refund of
the application fees.
.040 Definitions.
For purposes of these interim controls,
“development” or “development applications” and “land use” shall mean any
application or permitting submission or request for land use review, approvals,
or authorizations by the County or its Board of Health, as those terms are
applied within Chapters 36.70A and 36.70B RCW, and within the County Code.
For purposes of these interim controls,
“official interim controls” shall mean “official controls” as defined under RCW
36.70.020(11), to wit: “legislatively defined and enacted policies, standards,
precise detailed maps, or other criteria.”
.050 Amendment and savings clause.
This interim ordinance addresses only
those portions of the referenced Clallam County Sequim-Dungeness Regional Plan,
Official Zoning Maps, and Development Regulations affecting those lands subject
to the Hearings Board’s Order of Invalidity.
If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be unconstitutional or invalid at law, such
decision shall not affect the validity of the remaining portions of this
Ordinance.
.060 Sunsetting
and effective date.
This enactment establishing interim
official controls shall automatically expire six (6) months from its effective
date unless the Board, following a public hearing, rescinds, extends, or
modifies this Ordinance for such additional period as provided for under the
above-noted statutory provisions. The
effective date of this Ordinance shall be the date of adoption.
Section 2. The
Comprehensive Plan and Zoning Map of Clallam County is amended as follows:
(1) The
areas located within the unincorporated Sequim Urban Growth Area currently
designated and zoned Sequim Urban Residential – I [S(R-I)] are changed to
Sequim Urban Residential – II [S(R-II] zoning under Chapter 33.19 CCC. Maps depicting those areas subject to these
interim official controls are attached hereto as EXHIBIT
A and incorporated herein.
(2) The
areas currently designated and zoned Rural Center (CEN) in the Blyn area are
changed to interim Rural Low (R5) zoning under CCC 33.10.020. Maps depicting those areas subject to these
interim official controls are attached hereto as EXHIBIT
B and incorporated herein.
(3) The
areas currently designated and zoned Rural Moderate (R2) and Rural (R1) found
noncompliant and invalid by the Western Washington Growth Management Hearing
Board are changed to Rural Low (R5) zoning under CCC 33.10.020. Maps depicting those areas subject to these
interim zoning controls are attached hereto as EXHIBITS
C, D,
E,
and F
and incorporated herein.
(4) The
areas currently designated and zoned Western Region Rural Moderate (RW2) and
Western Region Rural (RW1) found noncompliant and invalid by the Western
Washington Growth Management Hearing Board are changed to Western Region Rural
Low (RW5) zoning under CCC 33.10.025. Maps depicting those areas subject to
these interim zoning controls are attached hereto as EXHIBITS
G and H
and incorporated herein.
Section 3. Section
31.02.265, Existing Rural Centers, is
amended to read as follows:
There are rural centers in the County that have some
characteristics of urban growth, but are not spread over wide areas requiring
urban governmental services. These areas, which include Blyn,
Section 4. Section
31.03.350, Carlsborg urban growth area, is amended to read as follows:
The purpose of this section is to
establish land use designations and policies for the unincorporated Carlsborg
UGA.
(1) Community
Vision.
(a) [Policy No. 1] In setting forth the 560-acre Carlsborg UGA, the
Board of County Commissioners recognize the Carlsborg community’s historic mix
of commercial, industrial and residential land uses, allows for continued
development and economic growth, and seeks consistency with various state and
local land use laws, while continuing to respect the character of the
community.
(b) [Policy No. 2] The twenty (20) year vision for the Carlsborg UGA is
for continued commercial, industrial and residential growth consistent with the
land use policies and regulations now being established. The densities
established therein are considered urban in nature and will be reviewed when
enhancements in on-site technology and updates to state and local health and
environmental protection regulations justify an increase. Community
infrastructure will be provided to protect the environment and to enhance the
quality of life in the area.
(i) Residential growth will continue the historic
housing pattern (i.e., single- and multiple-family dwellings and planned unit
developments, including the use of manufactured homes). New residential housing
will serve the needs of single persons, families, and retirees, in all income
groups.
(ii) General commercial activities will continue to
be developed along portions of the Highway 101 Corridor, and less intense
commercial activities along Carlsborg Road. These activities will provide a
range of retail and wholesale services and products for local and regional
residents, tourists, and others.
(iii) Industrial activities will continue to be
developed within the Carlsborg Industrial Park and Idea Development (north of
the Industrial Park). These activities will provide industrial, commercial and
manufacturing services fundamental to the economic vitality of the community
and Clallam County.
(iv) The area immediately southwest of the
intersection of Spath and Carlsborg roads (commonly
referred to as the Carlsborg historic village), contains a unique mixture of
older commercial and residential properties located on small parcels. In view
of the historic and cultural value of these properties, the County will
continue to work with the community to address issues concerning development
and redevelopment in this area. Efforts will be focussed
on providing community solutions to limited septic system options; development
of appropriately scaled roadways, sidewalks, trail facilities, and other
community amenities including landscaping. The creation of a Carlsborg Community
Advisory Council would be instrumental in the development of a subarea plan that addresses the issues of development
within the historic center. The County will assist in these efforts by
exploring available public and private funding options to assist in development
of these and similar community amenities. To ensure that the Village Center is
promoted to remain the cultural center of Carlsborg, the continued development
of the Village Center will be encouraged if consistent with the existing character
of the Village Center and consistent with Comprehensive Plan and GMA policies
concerning the control of sprawl. Uses with objectionable characteristics,
including noise, light, glare and fumes, will be discouraged from locating
within or adjacent to the Village Center.
(c) [Policy No. 3] The commercial and industrial activities within the
Carlsborg UGA will assist in strengthening the County’s economic base through
creation of family wage jobs and the realization of County tax revenues. These
activities will be conducted in a manner which promotes and protects the
environment for the benefit of residents, workers, customers, and the entire
community. These activities will also be planned for and conducted in a manner
that does not promote sprawling, low-density development along the SR 101
Corridor, or otherwise result in the inappropriate conversion of rural lands
into urban type development.
(d) [Policy No. 4] Environmental quality will be maintained and
enhanced through groundwater, well and stream protection measures.
(i) Public water systems operated by Clallam
County PUD No. 1 will be extended throughout the UGA as expeditiously as
possible. New development will connect to public water. However, existing
individual wells and systems that are maintained and operated in accordance
with local and State health regulations shall be allowed to continue
indefinitely.
(ii) Sewage treatment will be accomplished through
the use of on-site systems. New development will utilize alternative systems with
de-nitrifying capability. However, existing on-site systems that are maintained
and operated in accordance with local and State health regulations shall be
allowed to continue indefinitely. As a
condition of approval for any new development that also requires new sewage
disposal approval, except as allowed for under RCW 36.70A.302(3)(b), the
development must have sewer availability to ensure that urban development will
be serviced by urban levels of service.
(iii) The public-private development of green belts
and open spaces and the enhancement of Matriotti
Creek as a wildlife corridor will be encouraged.
(e) [Policy No. 5] The UGA is part of a regional transportation
network, including Highway 101, whereby coordination between local planning and
regional transportation planning should be done in order to continue to provide
a safe and efficient transportation network.
(f) [Policy No. 6] Public transit is available on Highway 101.
Improvements to public transit will occur, including both a transit stop and
park and ride lot. The extension of service along Carlsborg Road will be
requested.
(g) Policy 7. Non-motorized transportation and pedestrian usage will
be enhanced by installing sidewalks and paths throughout the UGA within walking
distance of Greywolf School, along Highway 101, and
major arterial and collector roads including along Carlsborg Road/Hooker Road, Atterbury Road, Taylor-Cut-off Road, Mill Road, Heath Road,
East Runnion Road, Spath
Road, and alongside Matriotti Creek with connections
to the Olympic Discovery Trail, and linkages to regional trails, residential
areas and the Village Center through the implementation of a sidewalk/trail
plan.
(h) [Policy No. 8] The mix of land uses in the area will provide
opportunity for residents, business, and industry to work together. Community
projects will benefit from the variety of resources available. A Carlsborg
community council will be established to promote community needs and to monitor
the community’s experience under the urban growth area designation.
(i) [Policy No. 9] Residential zoning is the
predominant land use within the UGA and residential areas abut or surround the
commercial and industrial uses. Carlsborg residents are drawn by the natural
beauty of the area; the accessibility of area amenities; and the low to
moderate cost of living. It is expected that future residents will have similar
interests. Further development of commercial and industrial activities within
the UGA should respect the needs and views of those who make the area their
home. Consideration should be given to design elements such as buffers and
screening between residential, commercial and industrial zones to protect
residents from inordinate noise, light, glare and commercial or industrial
views.
(2) Urban
Growth Area Boundaries. [Policy No. 10] The Carlsborg UGA is composed of three
areas: the Highway Commercial Center, the Village Center, and the Urban
Residential Center. These areas are depicted on the official land use map and
are more generally described as follows:
(a) Highway Commercial area – generally defined as that area adjacent
to the Highway 101 corridor between Matriotti Creek
on the west and Gilbert/Taylor Cutoff Road on the east, excluding that portion
on the south side of Highway 101 beginning at Parkwood
Mobile Home Park east to Taylor Cutoff Road (designated in the urban
residential center). This also includes those existing businesses on the east
side of the intersections of Gilbert/Taylor Cutoff Road and Highway 101, as
well as the commercial areas along Hooker Road between Highway 101 and Atterberry Road.
(b) Village Center – generally defined as that area adjacent to
Carlsborg Road between Runnion Road and the Olympic
Discovery Trail (including the industrial parks), and property abutting Streit Road between Spath and W. Runnion, and no further east than the boundary of the
Carlsborg Industrial Park. This area also includes those properties on the
north side of Runnion Road, east of the Carlsborg/Runnion Road intersection.
(c) Urban Residential Center – generally defined as those lands not
described above and east of or including Matriotti
Creek, west of Taylor Cutoff Road, south of Spath
Road and north of Atterberry Road.
(d) The boundaries set forth in the official land use map and generally
described in subsections (2)(a) through (2)(c) of this section shall not be
amended within the 10-year planning period.
(3) Background
Data. [Policy No. 11] Considerable information was obtained in the course of
developing the Carlsborg neighborhood plan. The information is summarized as
follows:
(a) Population. Population in the Carlsborg neighborhood is estimated
to be 655 in 1990, 857 in 2000, and 1,465 in 2020 based on 2.72 linear
projection rate.
(b) Land Supply Needs. Based on expected population growth, the
community should expect a total of approximately 225 new dwelling units within
the 20-year planning period.
(c) Water. The PUD provides water service to portions of the Carlsborg
UGA. Additionally, private wells and group water systems provide service within
the UGA.
(d) Sewage Disposal. Currently, there is not a public sewer or
community on-site sewage system in the Carlsborg area operated by a public
entity. Carlsborg predominantly has excessively permeable soils which requires
pressurized sand-lined trench systems for individual on-site sewage disposal.
Under the State health regulations, these soils require a minimum of half-acre
lots, provided a public water supply provides service to the property. Where
there is no public water supply, minimum lot sizes shall range from one to two
and one-half acres depending on soil conditions.
(4) Public
Services and Facilities.
(a) Water: [Policy No. 12] The following policies guide water service
delivery to this neighborhood:
(i) The PUD shall be the public water purveyor
within the Carlsborg UGA.
(ii) New land divisions shall require connection to
the PUD water system, or another approved water system which meets the level of
service standards set by the Carlsborg CFP.
(iii) Existing lots or buildings are not required to
hook up to the PUD water system.
(b) Sewage Disposal: [Policy No. 13] The following policies shall guide
sewage disposal within the area:
(i) The operation and maintenance program
developed as a part of the Carlsborg CFP shall be fully implemented in the
Carlsborg UGA as specified in the CFP. This shall include continued educational
outreach to the public on septic system maintenance, as well as required
periodic monitoring and inspection (see Chapter 3, Carlsborg Capital Facilities
Plan).
(ii) All new on-site septic systems and repairs of
failed systems shall utilize enhanced treatment technologies in order to
achieve a minimum 50 percent reduction in nitrate discharge. In identifying
appropriate treatment methods, consideration shall be given to the latest
technology available that has demonstrated reliable treatment and removal of
biological and chemical contaminants.
(iii) To further protect groundwater quality, Clallam
County shall encourage the upgrading of existing, on-site sewage disposal
systems as specified in subsection (4)(b)(ii) of this section by providing
information on possible funding sources to assist landowners in these voluntary
efforts.
(iv) As a condition of development approval for any
new development that requires sewage disposal approval, the owner may be
required to obtain confirmation of sewer availability from a municipal sewer
provider prior to development application and must connect to public sewer
line prior to occupancy approval to ensure that urban development within the
UGA will be serviced by urban levels of service.
(5) Critical
Areas.
(a) [Policy No. 14] The Dungeness River and various wetlands within
and near the UGA, shall be protected from encroachment of urban development
consistent with the Clallam County Critical Areas Ordinance.
(b) [Policy No. 15] The County shall continue efforts to work with the
Carlsborg community to protect and enhance Matriotti
Creek for fish and wildlife habitat, and promote environmental education.
(c) [Policy No. 16] A large portion of the Carlsborg UGA is within an
area having a critical recharging effect on aquifers used for potable water.
Special care must be taken to ensure the use of proper on-site sewage disposal,
best management agricultural practices, homeowner maintenance practices (e.g.,
lawn fertilizer, disposal of pet wastes), and other potential sources of
contaminants are prevented from entering the aquifer. Clallam County shall
develop education programs addressing the influence of fertilizer on nitrate
production, and shall require such information to be distributed to property
owners, applying for new building permits. Any commercial and industrial land
uses with hazardous substances, such as gas and oil, shall require spill
containment and other measures to assure continued water quality protection.
(6) Open
Space and Greenbelts. [Policy No. 17] Matriotti Creek
shall be considered as an open space corridor and greenbelt within the UGA.
Consideration should be given to public access (e.g., trails) along the creek
only with the mutual agreement of property owners.
(7) Transportation.
(a) Nonmotorized Transportation: [Policy No.
18] Nonmotorized trails, paths and sidewalks are
required within walking distance of Greywolf School,
and in the vicinity of Highway 101, Carlsborg Road, Olympic Discovery Trail,
and Matriotti Creek, in order to enhance foot and
bicycle transportation between residential, commercial, recreation areas and
public schools. A sidewalk and trail plan, as specified in the Carlsborg CFP,
shall be implemented as a condition of new developments and/or through an
improvement district or grant project approved by the Board of Clallam County
Commissioners.
(b) [Policy No. 19] Traffic circulation shall be improved through and
within the Carlsborg UGA. This should include maintaining a LOS of “C”
throughout the UGA. A traffic study needs to be completed for the Carlsborg UGA
and associated regional transportation network.
(c) Highway 101: [Policy No. 20] New development along the highway
corridor shall address congestion and conflict along with the need for regional
mobility of traffic along Highway 101 by considering alternate and safe access
to the development, including but not limited to: constructing a frontage road
along Highway 101 or combining access with existing, adjacent access locations
where feasible.
(d) [Policy No. 21] In Clallam County, SR 101 is the limited access
highway which provides the primary through-corridor for all vehicle traffic
between Sequim and Port Angeles, and all points to the east and west of those
communities. The County recognizes that the maintenance, operation and/or
modifications to SR 101 are under the jurisdiction of the Washington State
Department of Transportation (WSDOT). However, the County also has an
inherently vested interest in the safe and efficient traffic flow on SR 101 for
commercial, private and emergency vehicular traffic throughout its length,
including the section that passes through the Carlsborg UGA. The County shall
work with the WSDOT to develop a plan for the Carlsborg/Highway 101 Corridor
that:
(i) Identifies intersection improvements and
access restrictions/frontage road improvements that are needed to improve
safety and enhance regional mobility;
(ii) Ensures that installation of additional
traffic signals along Highway 101 shall only be considered by WSDOT after all
other reasonable alternatives have been determined to be infeasible;
(iii) Ensures that all other highway improvements
within the corridor are developed consistent with all other County land use
goals and policies as specified in the Comprehensive Plan, Zoning Code and
Capital Facilities Plan, as now or hereafter amended.
(e) [Policy No. 22] The County and WSDOT shall jointly review access
permits to insure that new access is minimized to the greatest degree feasible.
New access is to be directed to existing intersections with preference to those
that are signalized.
(f) [Policy No. 23] To accommodate new development, frontage roads may
need to be developed by property owners with assistance of Clallam County
through the Road Improvement District program in the following locations: (1)
between Greywolf School and Highway 101 west of
Carlsborg Road, and (2) between Parkwood Mobile Home
Park and Hooker Road via Valley Center Place and Harrison Road (private roads).
(g) Regional County Roads: [Policy No. 24] Carlsborg Road is
considered to have regional significance to the County. The County shall work
to ensure that this road continues to function as a regionally significant
component of the transportation system.
(h) Other County Roads: [Policy No. 26] Improvements to County roads
identified in this area are specified in the Carlsborg CFP which includes: Mill
Road, E. Runnion Road and Spath
Road. These improvements (road widening) are for safety purposes only.
(8) Development
Standards.
(a) [Policy No. 27] It is the general goal to improve the appearance
of the Highway 101 commercial center and the Carlsborg Village area through
improvements to building appearance, landscaping, parks and trails. The
following guidelines should be followed:
(i) The County should investigate obtaining an
improvement district and/or grant funding to assist with these efforts. Landscaping
of new commercial and industrial developments shall include street trees, and
landscape plantings along the roadside edge of the developments.
(ii) New development will be designed so that
buildings and parking areas are situated on parcels in ways that improve access
and safety for pedestrians and transit.
(iii) In conjunction with area property owners, the
County should investigate the need for special zoning standards and financial
incentives (tax credits, grants, etc.) that will assist in the preservation and
redevelopment of the historic village of Carlsborg.
(iv) All new development shall incorporate adequate
internal pedestrian circulation features (sidewalks, trails, pathways) that
emphasize safety and connections to community features (historic village, Greywolf School, Highway 101, commercial areas, industrial
parks, parks, Olympic Discovery Trail, etc.).
(v) The County shall work with the Carlsborg community to seek
additional recreation opportunities, including trails and potential
neighborhood parks should be explored. These facilities shall be connected
through the development and implementation of a sidewalk/trail plan with mutual
agreement from affected property owners.
(vi) Additional zoning standards shall be developed
for the UGA to include: minimum lot size and width, maximum building size and
height, off-street parking, signage, and buffer provisions to safeguard
residential areas from commercial/industrial developments.
(b) Sewage Disposal and Water Supply: [Policy No. 28] Sewage disposal
and water supply shall be provided consistent with the following:
(i) All new on-site disposal systems and repairs
of failed, on-site or community septic systems shall require that enhanced
treatment technologies be installed that demonstrate a minimum of fifty (50)
percent reduction of nitrate discharge as compared to conventional treatment
systems. Additionally, all new or replacement of existing on-site or community
septic systems shall, at a minimum, meet Treatment Standard II per the
Washington Department of Health standards for on-site sewage treatment, as now
or hereafter amended. In identifying appropriate treatment methods,
consideration shall be given to the latest technology available that has
demonstrated reliable treatment of biological and chemical contaminants.
(ii) For the purposes of this section, the term
“repair,” as defined by the Chapter 246-272 WAC, as now or hereafter amended,
shall mean “restoration, by reconstruction or relocation, or replacement of a failed
on-site sewage system” (refer also to Chapter 246-272 WAC for definition of
“failed”). Such repairs require an approved permit issued by the Clallam County
Health Department. Minor corrections not requiring an approved permit are
exempt from the provisions of the above standards.
(iii) No land use development shall be permitted to
generate and dispose of on-site, more than one unit volume of sewage as defined
in WAC 246-272-01001, as now or hereafter amended, for every half acre of land
contained within the boundaries of the subject property. To ensure compliance
with this requirement, all new commercial and industrial development shall be
required to provide a septic volume generation study that identifies estimated
peak generation volumes.
(iv) As a condition of development approval for any
new development that requires sewage disposal approval, the owner may be required to
obtain confirmation of sewer availability from a municipal sewer provider prior
to development application and must connect to public sewer
line prior to occupancy approval to ensure that urban development within the
UGA will be serviced by urban levels of
service.
(iv) All on-site or community sewage disposal
systems within the Carlsborg UGA shall be subject to the operation and
maintenance program implemented pursuant to Chapter 3 of the Carlsborg CFP, as
applicable.
(vi) All new land divisions shall connect to an
approved public water supply. Approved public water supply shall consist of
either of the following:
(A) Clallam County PUD
Carlsborg water system;
(B) Existing Group A public water systems (i.e.,
private systems with more than fifteen (15) service connections) provided that
such system shall:
1. Comply with design and water quality
standards established by State law (Chapters 246-290 and 246-291 WAC), as now
or hereafter amended, and
2. Provide level of service (LOS) equal to or
greater than that specified in the 2000 Carlsborg CFP (Chapter 4).
(vii) Existing individual wells and community
water systems shall be allowed to continue indefinitely; provided, they comply
with State and County health code requirements for potable water. When existing
systems fail to meet these standards, and when the landowner is unable to
rectify the deficiency, the land owner shall be required to connect to the PUD
system or other approved community water system. To rectify a deficiency, the
landowner may make structural or facility repairs, or deepen or replace an
existing well, which must be drilled at a minimum into the middle aquifer.
(viii) Existing individual wells or community
systems shall not be expanded or altered in any way that would result in the
expansion of the system or service area without full compliance with all
criteria of this section.
(viiix) New community water systems in the Carlsborg
UGA shall be permitted only if they meet or exceed the criteria for Group A
water systems (fifteen (15) or more connections), and demonstrate consistency
with the LOS established in the Carlsborg CFP.
(c) Land Use Designations/Boundaries: [Policy No. 29] Land use
designations for the Carlsborg UGA shall only be amended consistent with the
following:
(i) In order to help provide consistency and
certainty for landowners, the Carlsborg UGA shall not be comprehensively
reevaluated for changes in land use designations for a period of ten (10) years
from the date of adoption of this policy.
(ii) Amendments to land use designations involving
individual parcels or groups of parcels shall be reviewed consistent with CCC
31.07.370 (Required Showing for an Amendment).
(iii) The boundaries of the Carlsborg UGA may be
reviewed and considered for expansion only after it can be demonstrated that
population growth rates and land supply projections did not provide sufficient
urban lands within the Carlsborg UGA to accommodate needed future growth.
(9) Land
Uses.
(a) [Policy No. 30] The Carlsborg Land Use Map shall serve as the
official zoning map for the unincorporated Carlsborg UGA. Land use zones
established are shown in Table 1 below:
Table 1 –
Conversion Table of Comprehensive Plan and Zoning Designations
|
Comprehensive Plan Designation |
Zoning Designation |
Zoning Symbol |
|
Carlsborg
Urban Residential |
Carlsborg
Urban Residential |
CR |
|
Carlsborg
Village Commercial |
Carlsborg
Village Commercial |
CV |
|
Carlsborg
Village Center |
Carlsborg
Village Center |
CN |
|
Carlsborg
General Commercial |
Carlsborg
General Commercial |
CGC |
|
Carlsborg
Commercial |
Carlsborg
Commercial |
CC |
|
Carlsborg
Industrial |
Carlsborg
Industrial |
CI |
(b) [Policy No. 31] The purpose of land use zones established under CCC
31.02.350 is as follows:
(i) Carlsborg Urban Residential (CR). The purpose
of the Carlsborg Urban Residential designation is to provide for areas of
single- and multi-family residential development that are generally free from
encroachment of commercial and industrial activities.
(ii) Carlsborg Village Commercial (CV). The purpose
of the Village Commercial designation is to provide for limited, low impact,
commercial activities that generally require larger developable lots and do not
depend on a location directly accessible and visible from State Highway 101.
(iii) Carlsborg Village Center (VC). The purpose of
the Village Center designation is to provide for the continuation and enhancement
of the historic village as the cultural and social center of the Carlsborg
Community. The Village Center will allow for urban-density residential uses
intermixed with low-impact commercial uses that promote the community
atmosphere, provide neighborhood and tourist-related goods and services, and
other uses that are compatible with the village atmosphere.
(iv) Carlsborg General Commercial (CGC). The purpose
of the Carlsborg General Commercial designation is to provide for a wide range
of moderate-scale commercial activities that provide for neighborhood,
regional, and tourist-related goods and services for both residents and the
traveling public.
(v) Carlsborg Industrial (CI). The purpose of the Carlsborg Industrial
designation is to allow for low nuisance, low intensity industrial uses.
Residential development and certain types of commercial development (e.g.,
retail stores, lodging, grocery stores) are prohibited in order to retain the
limited amount of land available for industrial development.
(vi) Carlsborg Commercial (CC). The purpose of the
Carlsborg Commercial designation is to provide for a limited area of
moderate-density residential development and low impact, neighborhood
commercial activities.
Section 5. Section
31.03.435, Blyn Rural Center, is amended to read as follows:
Blyn rural center[Interim].
(1) Location.
[Policy No. 1] The Blyn rural center is
at the south end of Sequim Bay. The Blyn rural
center is composed of a mix of recreational, commercial, and
residential activities.
(2) Critical
Areas. [Policy No. 2] The Blyn rural center includes several large wetland
complexes and significant fish and wildlife habitat corridors, in addition to
Sequim Bay. Fragmentation of these wetlands and habitats by development should
not occur. Development is encouraged to transfer density or cluster development
away from these critical areas.
(3) Resource Lands. [Policy No. 3] Forest lands of
long-term commercial significance almost surround the Blyn
rural center. The rural center designation is large enough to
accommodate growth in this area for this planning period.
Encroachment into forest lands shall not occur and development adjacent to
these forest lands shall assure compatibility with normal timber harvesting
practices.
(4) Public
Services and Facilities. [Policy No. 4] Future development by the Jamestown
S’Klallam Tribe in the Blyn rural center will
require increased public services, particularly police and fire. Future
development plans should be carefully coordinated with those service providers.
It is also assumed that some services will be provided by the Tribe and would
be open to local residents.
(5) Transportation.
[Policy No. 5] Impacts to Highway 101 from development in Blyn must be
mitigated. Improvements to intersections of County roads and Highway 101 will
be required for new development which increases traffic congestion. An overpass
on Highway 101 should be considered if traffic congestion caused by development
of the casino impacts the regional mobility of the highway.
(6) Land Use.
(a) Policy 6. The Jamestown S’Klallam Tribe began
a casino operation at Blyn in 1995. This operation will have a profound effect
on the future of this area, including increased traffic and increased desire
for other services (such as restaurants, lodging and gas stations). The Tribe
has been careful in its development plans to address issues facing the
community. Since local government has no regulatory authority of tribal land
use, it is best that the community work together with the Tribe to address any
concerns. Some issues that the Tribe and community have been working together
on include routing the Olympic Discovery Trail across Tribal land, the proposed
inclusion of the salt marsh observation deck and natural resources interpretive
center, providing signage describing the historical significance of the
previous logging yard, and monitoring of environmental rehabilitation of the
Jimmycomelately Creek and estuary.
(b) [Policy No. 7] Blyn should continue
to develop as a rural center in conjunction with development plans of the
Jamestown S’Klallam Tribe.
(i) The Jamestown S’Klallam Tribe should work cooperatively with the
County and public to complete a comprehensive development plan for the Tribe’s
economic development plans.
(ii) A boundary for the Blyn rural center should be
established in order to avoid piecemeal extension or improvement of public
services and facilities, such as transportation.
(iii) Clallam County shall work with the
Jamestown S’Klallam Tribe to encourage concentration of tribal commercial
development within the Blyn rural center in order to maintain the scenic rural
character of SR 101 between Blyn and the eastern County line.
(c) [Policy No. 8] The rural center designation is large enough to
accommodate growth in this area for this planning period. No enlargement of the
Blyn rural center shall be allowed during the 20-year planning period
established by the effective date of this chapter.
Section 6. Section
33.20.060, Development standards – Purpose and intent, is amended to read as
follows:
Development standards are established to
ensure the compatibility of uses permitted within the Carlsborg UGA and to
ensure the protection of the public health, safety and general welfare. All
uses located within the Carlsborg UGA shall be subject to the development
standards, as applicable, set forth in this section.
(1) Sewage
Disposal and Water Supply. Sewage disposal and water supply shall be provided
consistent with the following:
(a) All new, and repair or replacement of failed, on-site or community
septic systems shall require that the developer install enhanced treatment
technologies that demonstrate greater than fifty (50)
percent reduction of nitrate discharge as compared to conventional treatment
systems. Additionally, all new or replacement of existing on-site or community
septic systems shall, at a minimum, meet Treatment Standard II per the
Washington Department of Health standards for on-site sewage treatment, as now
or hereafter amended. In identifying appropriate treatment methods,
consideration shall be given to the latest technology available that has
demonstrated reliable treatment of biological and chemical contaminants.
(b) For the purposes of this chapter, the term “repair,” as defined by
the Washington Administrative Code, Chapter 246-272 WAC as now or hereafter
amended, shall mean “restoration, by reconstruction or relocation, or
replacement of a failed on-site sewage system” (refer also to Chapter 246-272
WAC for definition of “failed”). Such repairs require an approved permit issued
by the Clallam County Health Department. Minor corrections not requiring an
approved permit are exempt from the provisions of the above standards.
(c) No land use development shall be permitted to generate and dispose
of on-site, more than one unit volume of sewage as defined in WAC
246-272-01001, as now or hereafter amended, for every half acre of land
contained within the boundaries of the subject property. To ensure compliance
with this requirement, all new commercial and industrial development should be
required to provide a septic volume generation study that identifies estimated
peak generation volumes.
(d) As a condition of development approval for any new development in
all zones, except for a single-family dwelling on a lot existing before April
24, 2008 that requires sewage disposal approval, the owner must obtain confirmation
of sewer availability from a municipal sewer provider prior to development
application and must connect to public sewer line prior to occupancy approval,
UNLESS the development is
in connection with an existing
development under RCW 36.70A.302(3)(b) and does not meet the definition of
expansion as defined in the On-Site Sewage Code in WAC 246-272A-0010.
(de) All on-site or community sewage disposal
systems within the Carlsborg UGA shall be subject to the Operation and
Maintenance Program implemented pursuant to Chapter 3 of the Carlsborg CFP, as
applicable.
(ef) All new land divisions shall connect to an
approved public water supply. Approved public water supply shall consist of
either of the following:
(i) Clallam County PUD Carlsborg water system;
(ii) Existing Group A public water systems (i.e.,
private systems with more than fifteen (15) service connections); provided, that
such system shall:
(A) Comply with design and water quality standards
established by state law (Chapters 246-290 and 246-291 WAC), as now or
hereafter amended, and
(B) Provide level of service (LOS) equal to or
greater than that specified in the 2000 Carlsborg CFP (Chapter 4).
(fg) Existing individual wells and community water
systems shall be allowed to continue indefinitely; provided, that they are
consistent with State and County health code requirements for potable water.
Existing systems that fail to meet these standards and are unable to rectify
the deficiency within a reasonable time period shall be required to obtain
connection from the PUD system or other approved community water system. To
rectify a deficiency, the landowner may make structural or facility repairs, or
deepen or replace an existing well, which must be drilled at a minimum into the
middle aquifer.
(gh) Existing individual wells or community systems
shall not be expanded or altered in any way that would result in the expansion
of the system or service area without full compliance with all criteria of this
section.
(hi) New community water systems in the Carlsborg UGA shall be permitted
only if they meet or exceed the criteria for Group A water systems (fifteen
(15) or more connections), and demonstrate consistency with the LOS established
in the Carlsborg Capital Facilities Plan. Vacant parcels which were lawfully
established prior to the effective date of this chapter shall be allowed the
use of private, individual wells.
(2) Landscaping.
Landscaping for commercial, industrial, mixed use, duplex, and multifamily
developments shall comply with Chapter 33.53 CCC, Landscaping Requirements. The
use of existing native and/or drought-tolerant landscape materials shall be utilized
whenever possible, and may be used in lieu or in combination with existing
plantings to demonstrate substantial consistency with the plant and screening
standards of Chapter 33.53 CCC. The landscaping plan shall also demonstrate
compliance with the following performance standards:
(a) Landscaped areas between public roads and parking shall be
provided;
(b) Outside storage, garbage, recycling and maintenance facilities, and
loading dock areas shall be screened from view from public roads and neighboring
properties;
(c) Commercial/industrial development abutting residential areas shall
include a landscape plan that describes tree/shrub species, size of plant
materials, and the use of fencing, berms, or solid
walls so that noise, light, and aesthetic impacts to residential properties are
adequately minimized and/or mitigated.
(3) Off-Street
Parking. Parking for commercial, industrial, mixed use, duplex, and multifamily
developments shall comply with Chapter 33.55 CCC, Parking Standards. The
parking plan shall also demonstrate compliance with the following performance
standards:
(a) Duplexes and multifamily residences shall provide no less than 1.5
parking spaces per unit. Parking areas shall be located behind or under
buildings where practicable; except that, attached garages shall be allowed for
duplexes.
(b) The number of access points from parking areas to public streets
shall be minimized or shall be shared (where possible) within a development.
(c) Parking areas shall include landscaping, fencing and/or berming substantially equivalent to the standards in
Chapter 33.55 CCC when abutting existing single-family residences or
residential zoning districts.
(d) Where practicable, parking for commercial developments should be
located to the rear of the development site.
(e) Parking lighting shall not create off-site glare, and shall
utilize “cut-off” type fixtures that ensure glare will be downward facing
and/or shielded and directed away from neighboring properties.
(4) Sidewalks.
Developers of new commercial, industrial, mixed use, residential subdivisions,
duplex, and multifamily developments proposed adjacent to or within the
vicinity of proposed pedestrian facilities as depicted in the Carlsborg UGA
Sidewalk and Trail Plan, shall be required to construct, or contribute to the
construction of pedestrian facilities, consistent with the requirements of the
Clallam County Sidewalk and Trail Plan for Carlsborg, when adopted. Sidewalk
and other pedestrian facilities shall be a required element for all application
site plans processed by the Department of Community Development. For
developments occurring prior to the adoption of the Sidewalk and Trail Plan,
all such proposals shall be required to construct, or contribute to the
construction of pedestrian facilities, as determined by the County Engineer and
the Department of Community Development, in accordance with the following
standards:
(a) Highway 101 Corridor or within 500 Feet of Highway 101 – Minimum
Sidewalk Development Standards. Sidewalks shall be constructed consistent with
the City and County Design Standards, 1995 Edition, as amended. Where sidewalk
depths of adjacent properties are inconsistent, a transition area shall be
provided to avoid hazardous conditions, as approved by the County Engineer (or
his/her designee).
(b) Other Roads – Minimum Sidewalk Development Standards. For
development more than 500 feet from the right-of-way of SR 101 and abutting
roads indicated in Figure 10-2 of the CFP as requiring sidewalks, the owner of
the subject property shall dedicate to the County right-of-way, all area
abutting the County roadway to a width sufficient to accommodate road
improvement and maintenance needs as determined by the County Road Engineer,
and a minimum six (6) feet to accommodate sidewalk/pedestrian facilities.
(c) Trails – Minimum Trail Development. For development abutting or
containing land indicated in Figure 10-2 of the CFP as requiring trails, the
owner of the subject property shall dedicate to the County right-of-way all
area along the designated trail to a width of ten (10) feet to the County
right-of-way for pedestrian facilities.
(d) In review of site plans for sidewalk and trail facilities, the
County Road Department and Department of Community Development shall consider
the location of existing pedestrian facilities, the topographic and geographic
setting of the subject parcel in relation to adjacent parcels, available space
sufficient to accommodate pedestrian facilities, and the character of the
vicinity of the subject property. The purpose of this review shall be to ensure
pedestrian facilities are designed and developed consistently, safely, and
provide for logical connectivity to other pedestrian facilities and community
features.
(5) Signage.
Signs shall comply with the standards set forth in Chapter 33.57 CCC, Sign
Requirements.
(6) Site
Planning. Commercial, industrial, mixed use, duplex, and multifamily
developments shall provide:
(a) Compliance with CCC 31.03.350, Carlsborg UGA, and the Carlsborg CFP;
(b) Safe ingress and egress, and pedestrian and vehicular circulation;
(c) Adequate stacking or vehicle queuing room at driveways and street
intersections, which shall be based on engineered traffic studies and
calculations as required by the County Engineer (or his/her designee);
(d) Shared access and circulation to minimize road approaches, where
practicable;
(e) Off-site traffic controls, devices, or improvements, including
traffic signals, intersection improvements, and/or turning lanes as required by
the County Engineer, consistent with the Comprehensive Plan;
(f) Separation of service vehicle access and parking from customer
circulation and parking;
(g) Limited use of on-site circulation and parking areas as “cut-throughs;”
(h) Design of residential subdivisions, duplex and multifamily
developments to orient to public or private streets and to provide pedestrian
and vehicular connections to existing nearby neighborhoods and community
features. The following standards are required:
(i) For developments proposing multiple
structures of phased development, all buildings shall face an internal street
or other access shall be developed,
(ii) Each building shall be provided with direct
pedestrian access from a street fronting the building and from established
parking areas.
(7) Services.
Commercial, industrial, mixed use, duplex, and multifamily developments shall
at a minimum include mailboxes, garbage and recycling pickup, pedestrian
walkways and parking area lighting. In addition, the following performance
standards shall be met:
(a) Adequate safe pedestrian walkways shall be established within the
project, which shall be designed to be in conformance with ADA (Americans with
Disabilities Act) regulations.
(b) Street lighting shall be provided along walkways adjacent to and
within the development. Lighting shall not create glare, and shall be downward
facing and/or shielded and directed away from neighboring properties.
(c) Security lighting shall be provided in parking and designated
outdoor recreation areas. Security lighting shall minimize glare, shall be
downward facing and/or shielded, and shall be directed away from neighboring
properties.
(d) Garbage, maintenance and recycling facilities shall be screened.
(e) Pedestrian connections to adjacent development shall be provided,
where practicable, in public rights-of-way, or along designated trail
corridors.
ADOPTED this
_______________ day of July 2008
BOARD
OF CLALLAM COUNTY COMMISSIONERS
______________________________________________
Michael
C. Chapman, Chair
______________________________________________
ATTEST: Howard
V. Doherty, Jr.
________________________________ ______________________________________________
Trish Holden, CMC, Clerk
of the Board Stephen P. Tharinger