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HomeMy WebLinkAbout13 1217 12RAJ JEFFERSON COUNTY STATE OF WASHINGTON In the matter of amending the Unified Development j Code, JCC 18.20.350 & 18.10.080 to Waive the ) Minimum Acreage Requirement for Smalpscale I Ordimance No. 13- 1217-12 Recreation & Tourist Uses When a Historic Feature is ) Present; and to Revise the Definition for'Hismric site ) Structure or landmark') WHEREAS, SEW Chapter 36,70A, st seq., also (mown as tiro Growtb Management Act ( "OMA "), requires that counties planning under the GMA adolrt development regulations that are connistent with and implement their comprehensive plans; and WHEREAS, the Board of County Commissioners for Jefferson County, a municipal corporation of the State of Washington, (hereinafter "the Board ") constitutes the legislative body for Jefferson County; and WHEREAS, Jefferson County adopted a GMA - derived Comprehensive Plan (CP) on August 28, 1998 via Resolution No. 72 -98 and completed its required seven -year update of said Comprehensive Plan via Ordinance No. 19- 1213 -04 on December 13, 2004; and WHEREAS, the Unified Development Code (UDC) was originally adopted on December 18, 2000 as a development regulation required by the Growth Management Act (GMA), to beeffsclive January 16, 2001; and WHEREAS, for proper citation in cowls of law the UDC has been codified within the Jefferson County Code(JCC) at Title 18; and WHEREAS, the Board now completes this process by the adoption of this ordinance most makes live following frostings of face 1. The State of Washington adopted the Growth Management Act (or "GMA') in 1990. 2. Jefferson County began planning under the GMA in the early IWits. 3. The County adapted a Comprehensive Plan under GMA on August 28, 1998. The County completed its statutorily required seven -yew update of its Comprehernive Plan on December 13, 2004. 4, The Jefferson County -Wide Planning Policy N'1 Economic Development and H8 Rural Areas, and Comprehensive Plan goals and policies OSG 6.0, OSP 6.1, EDG LO, EDP 1.2, EDG 3.0, EDP 3.3, EDG 6.0, EDP 6.3, EDG 8.0 EDP 8.3 support P;qe 1 tonal economic development effers and the preservation and use of historic resources, Including smal I scaled recreation and tourist uses. 5. The Paradise Theater School is located in the Old Methodist Cburoh on Center Road in Chimacum on 0.98 acres of lead designated Rural Residential one unit per five acres (RR 1:5). The Old Methodist Church on Center Road predates the County's land use policies and development regulations by nearly one century . 6. The Paradise Theater School is a 501(c)(3) non -profit A1ucazional organization that wishes to provide classes, workshops and performances and to expand their caustic Programs and facilifies. As a result of the Paradise Theater School, the Old Methodist Chmch has been repmposed and revitalized by the applicants. ]. JCC 18.20.350(3)(b), ended "Small-scale recreation and tourist uses," requires minimum parcel size of five arras. S. The aforementioned restraint limits the operation of The Paradise Theater School at its property. 9. There are many historical and cultural features across Jefferson County that highlight the rich past of our mral community and are well suited to providing recreational and murist-related economic development opportunities. 10. On December 5, 2011, the Department of Community Development (DCD) received an application from property owners Erik and Pane Van Beuzekom for a code amendment DCD found the application to be complete and Waal fes paid, and concentrated it would be considered a couatywlde amendment rather that a site specific amendment ThepmposalwasasdgnedavuckingnumberofM1 .A11- 00250. 11. Starting February 9, 2012 staff worked with the applicant over several months for an initial review of the original proposed amendment, preliminary research into alternatives and options, and to support the applicant in revising the proposal to what was presented for fomtal review. 12. On October 1, 2012 the Board of County Commissioners approved the Van Beuzekom's request to place the proposed text amendment on DCD's and the Planning Commission's 2012 work plan as provided for under JCC 18.4.0%(a) "Amendments to GMA implementing regulations." 13. Department of Community Development prepared a staff report and cecoaunendation for MLAII -00250 that analyzed the proposed CDC tent amendment The staff report was forwarded to the Planning Commission on October 24, 2012 for review end discussion at a public meeting. Page 2 14. The staff report, including text of the proposed amendments to the development regulations, was released to the public on October 24, 2012, the duly published daze startmir atwo -week open public comment period. 15. DCD presented the staff report to the Planning Commission at then regularly scheduled and duly noticed public meeting on November 7, 2012. 16. The Planning Commission held a duly noticed open public hearing on November 7, 2012 to receive public testimony. Some fifteen oral public comments ware received from supporters of The Paradise Theater School, with one concern about spot swing expressed. 17. Written public comments ware accepted through the close of the public hearing at 7:30 pm on November 7, 2012, with thirty -three letter received in support of the proposal. 18. The Planning Commission held deliberations on November 7, 2012 and took formal action to recommend approval of the proposed amendments as presented, with a vote of eight in favor and none opposed. 19. The Planning Commission recommends approval of MLAI I -00250 to waive the minimum acreage requirermint for small -scale recreation and tourist uses when an historic feature is present (JCC 18.20.350(3)(6)); and to revise the definition of `Historic site, structure, or landmark' to better reflect Washington Department of Archaeology and Historic Preservation (DAJIP) standards. 20. As part of these debberaions, the Planning Commission also considered the growth management indicators found at JCC 18.45.080 and JCC 18.45.050, prepared their findings on the proposed UDC text amendments and requested staff to prepare a memo for the Chair's signature to submit their recommendation for approval to the Board. 21. The Planning Commission found that MLAI I -00250 pmpoial is consistent with the Growth Management Act the Cowry -wide Planning Policies, the County's Comprehensive Plan and other inter -junsi ictimed policies or agreements and any other local, state or federal laws. 21 As the Planning Commission recommendation concurs with the DCD staff recommendation, the Planning Agency recommendation is one of contractors. 23. The Planning Agency recommeWaton was nansrrined to the Board through formal memoranda dated November 21, 2012 arM is pan of the record for the legislative ae ision. 24. The SEPA Responsible Official for Jefferson County determined that existing environmental documents provide adequate environmental review to satisfy the Page 3 requirements of WAC 197 -11 -600. This conclusion was memorialized via issuance ofa Determination ofNOn- Significance (DNS) on December 5, 2012. 25. The followingexistingenviro= mWdocumentsarebeingadoptedpumuant to SEPA administrative rules and are relevant to MLAI I- 00250: • Draft and Fined Environmental Impel Statements (DEISNEIM and addenda prepared in anticipation of adoption of the Comprehensive Plan in 1998. The DEIS and PEIS are dated February 24, 1997 and May 27, 1998, respectively, and examined the potential cumulative environmental impacts of adopting alternative versions of the Comprehensive Plat. • June 11, 2001 Glen CovefFi -Area Special Many Supplemental EIS Final Decision Document • 2004 Staff Report and SEPA Addendum for UGA Amendments to the Comprehensive Plan issued May 19, 2004. • 20M Comprehensive Plan Amendment Docket Department of Community Development Integrated Staff Report and SEPA Addendum issued September 22, 2004. 26. The Board concurs with the Planning Commission recommendation and states that MLAI I- 00250, as proposed, is consistent with the Growth Management Act, the County-wide planning policies, any otbar inter - jurisdictional policies or agreements, and any other local, slate or federal laws and directed scoff to present an ordinance reflecting the Code changes as stated in the minutes of their meeting on December 17, 2012. 27. Pursuant to JCC Section 18.45.080(2)(c), for all adopted amendments the Beard shall develop findings and conclusions which consider the growth management indicators set forth in a) JCC Section 18.45.05 )(4)(b)(i) through (vii), and b) items (i) through (iii) in 1CC Section 18.45.0901 28. With respect to JCC Section 18.45.050(4)(b)d), which asks whether assumptions regarding growth and development have changed since the initial Comprehensive Plan (CP) adoption, the Bond concludes that census data indicates that the Population growth rate in this wanly bas slowed but may increase again during the 20 -year planning horizon farm 2024) tit is covered by Ws CP. 29. With respect W JCC Section18.45.050(4)(b)(ii), which asks whether the capacity of the County to provide adequate services has dimiaished or increased, the Board concludes that these UDC tent amendments will not affect the ability of the County W provide services at urban levels of service. 30. With respect to JCC Section 18.45. 050v iSl iC -i), which asks if sufficient urban land is or has been designated witwh the County, the Board concludes that these UDC amendments will not affect land designations or zoNng, and that sufficient wham land has been designated in the County to bold the expected population. Page 4 31. With respect to JCC Section 18.45.050(4)(b)(iv), which asks If any of the assumptions on which the initial CP was based have become invand, the Bound concludes that the assumptions upon which the CP is bash have generally not changed. 32. With respect to JCC Section 18.45050(4)(b)(v), which asks if any of the owtywide attitudes upon which the CP was based have changed, the Board concludes that the coumywide attitudes have not generally changed in regard to supporting rural economic development and conservation of historical and cultural resources. 33. With respect to JCC Section 18.45.05((4)(b)(vi), which asks if there has been a change in cimumsmnce that may dictate the need for a CP amendment, the Bomd concludes that these UDC WM amendments will not regWre a charge to the CP. 34. With respect to JCC Section 18.45.050(4)(b)(vii), which asks if inconsistencies have arisen between the CP, the GN42t and the Countywide Planning Policies, the Board concludes that these amendments do not reflect any such inconsistency, since the County Wide Planting Policies support and have always supported rural economic development and conservation of historical and cultural resources. 35. With respect to the growth management indicator found in the County Code at JCC §I8.45.080(b)(i), which asks whether circumstances related to the proposed amendments and/or the area it impacts have substantially changed since the Comprehensive Plan was amended, the Board concludes that the severe economic downturn has substantially changed local diru n ances since the adoption of the CP. 36. With respect to the growth management indicator found in the County Code at JCC §18.45.080(b)(ii), which asks if the assumptions upon which the Comprehensive Plan is based are valid and asks if there is new information available that was not considered at the time when the Comprehensive Plan was adopted, the Bound points to the nationwide economic recession that became evident in late 2008 and the stagnating revenues that citizens, businesses, and the County government must live within as new inimmmion supporting the decision of the Board to move forward with allowing hismridculmml- based recreation and tourist use and development on parcels smaller than five arrest 39. With respect to the growth management indicator found In the County Code at JCC §18.45.080(b)(iii), which asks whether the proposed amendment reflects cannot widely held values of the residents of Jefferson County, the Board concludes that the proposed amendments do reflect cumenp widely held values of the residents of Jefferson County to foster jobs and protect unique local features and the proposal received broad support from the community. 38. The hea1N, safety and welfare of the citizens of Jefferson County is served and enhanced by the enacnnent of this (mimince. Page 5 39. Enactment of this Oklnance is within the general police power grouted by the WA State Constitution to the County Commission in its role as the legislative body for Jefferson County. NOW, THEREFORE, the Board of Comfy Commissioners for Jefferson County, Washington, in regular session assembled, does hereby ordain as follows: Section One: Pumuant to the County's authority conferred by RCW 36.70, 3670A, 36.708, and 43.21 C, the Board of Comfy Commissioners hereby adopts the amendments to development regulations described below and made a par[ of Jefferson County Code Sections 18.20.350 (3)(b) and 18.10.080 as an official land use control and cornprehensive plan implementing regulation for Jefferson County, Washington. JCC 18.20.350(3)(b) is amended to read in its entirety as follows: "Unless a larger parcel size is specified, mhdmum lot size shall he five acres, except that no minimum lot size is required for parcels that include a historic site, structure or landmark." That portion of JCC 18. 10.080 entitled "Historic site, structure or landmark" is repealed in its entirety and replaced with the following tent: "Historic site, structure or landmark" menus a site, structure, building, district, or object of archaeological, architectwal, historical or cultural significance. This is shown by its listing, or its determination of eligibility for listing, in the National Register of Historic Places, the Washington Heritage Register, or determined to be contributing to the character and /or historical significance of a district for which the State Historic Preservation Officer has made a determination of eligibility pursuant to Section 106 of the National Historic Preservation Ad. This definition also applies to a site, structure, building, district, or object of archaeological, architecture, historical or cultural significance shown by its designation, or determination of eligibility for designation, by a local jurisdiction, or as inclusion is the Washington State Inventory of Cultural Resources as administered by the Department of Archaeology and Historic Preservation." Section Two: All other sections, tables and language of the Unified Development Code, Title 18 of Jefferson County Code are not altered or amended in any another by Ibis Ordinance. Section Thm; Severability: In the event any one or more of the provisions of Ibis ordinance shall for any reason he held to be invalid, such invalidity shall nor affect or validate any other provisions of Ibis ordinance, but this ordinance shall be construed aM enforced ar if such invalid provision bad not been contained Iberem; PROVIDED, that any provision which shall for any reason be held by reason of its extent to be invalid shall be deemed to be In effect to the extent permitted by law. Section Four: This ordinance shall be in full force and effect at 5:00 pm on the date of its emctrnent by me Jefferson Comfy Board of County Commissioners. Page 6 Ap@i%vpf and signed [his 17ro day of December, 2012. r.�.�� JEFFERSON COONTY BOARD OF COh SSION 1e //JJ �7 John ' , Chavmw "✓e�ana ra n01 �l�ih� Eru�lwdgcen Approve] as to Form Only: Phil Jobvson, MKnber BIZ David Alvarez David SullivaA, Mttvbtt Deputy Prosecuting Attorney Page JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 6215 amdrm Sicam PMTbx.MMd,WARIMB We4xw.r ml Tel 5A0.s1s M5D I Fax 3 19 1I Email '. dW ®m brambn,wa.w airi 'r9Fai&mumbYionsl4w,gar(Sannmi Ra✓lew l Leng Rerae ramming l AsasAed S aobhp Rabraw confer Staff Report and Recommendation: Unified Development Code Amendment; Minimum Acreage Requirement for Small -scale Recreation and Tourist Uses; JCC 18.20.350 To: Jefferson County Planning Commission, and Interested Parties From: Michelle McConnell, Associate Planner, Long Range Planning Lead Data: October 24, 2012 Re: Staff report and recommendation on proposed Unified Development Code heart amendment to Chapter 18.20.350 Minimum Acreage Requirement for Small- scale Recreation and Tourist Uses; and to Chapter 18.10.080 Definitions gii 1 -250) of the Jefferson County Code (JCC) Proposal: 1. Change the performance standards for smallscale recreation and tourist uses found at JCC 18.20 350 to waive the minimum acreage requirement when an 'historic site, structure or landmark' is present, 2. Change the definition for'historic site, structure of landmark' found at JCC 18.10.080 to reflect current Washington State Department i f Archaeology & Historic Preservation standards. SEPA Review: Environmental review of non-project action'anticipated to result in issuance of detemlination of non - significance (DNS). Additional information is found on page 4 of this document. Recommendation: Staff recarnmends approving the proposed amendments to JCC 18.10,080 and 10,20.35D. Additional information is found on Page 5 of this document. Attachments: A. Applicant's submitted proposal; B. Summary of Altemative Approaches, C. Known historical resources in Jefferson County; D. Proposed Text Revisions; and E. Unfair! Development Code (UDC) Amendment Process handout Staff Em rt& Rxommmtlatim; ULAII -250 bal ol5 Background On December 5, 2011, the Department of Community Development (DCD) recall an application from property papers Edk and Pattie Van Beuzekom for a cede amendment. The proposal was assigned a Master Ean fuse Application number of MI-All-250. The Van Beuzekoms operete The Paradise Theater Schcol as a not - for - profit, 501(c)(3) organization based out of the old Methodist Church on Center Read in Chinni The proposal is intended to allow the Paradise Theater School to provide classes, workshops and performances in complance with County land use requirements, and to allow future growth and development of their educational and artistic programs and facilities. The proposal submitted was to amend the text of the Unified Development Code (UDC) to change Table &1. Allowable and Prohibited Uses found at Section 040 of Chapter 18.15 of the Jefferson County Code (JCC) — referred to as JCC 1815 040 Allowed Use Table. The applicants proposed to change the table so that the current prohibition as a'NO use for commercial 'Indoor entertainment or recreational facilitfes' (I ERF) on parcels zoned Rural Residential 1:5 ('RR 1:F; one dwelling unit per five acres) would beceme an allowance as a "Yes' use. In February 2012, staff met with the applicant to review their proposal, explain the code amendment process, and to review initial concerns about the proposed amendment Staflalso explained the Interest to explore options for an alternative proposal that would still meet the applicant's Intention but avoid any unintended consequences since UDC Text Amendments are not site-specific but apply to all qualifying parcels in Jefferson County. Possible options discussed included a Comprehensive Plan Amendment zoning charge for their parcel, or changing the Allowed Use Table to a Discretionary Conditional Use CC(di instead of a "Yes' use. The applicant was amenable to further exploring different options. Over the next few months, staff proceeded with a preliminary review of the proposal to consider alternative approaches. Staff research included the following options, as outlined in the attached matrix: Commercial R�Zone Special Event Permit • Conditional Use -IERF • Unnamed SET • Cottage Industry • Yes USe-IERF • Home Business The applicant revised their original proposal on July 24, 2012 to instead request a change to the performance standards for small -scale recreation and tourist uses found at JCC 18.20.350. As staff prepared the proposal for consideration by the Board of County Commissioners the need an additional revision was identified, revise the definition for Historical site, structure or location' to better coincide with standard terms and procedures in effect via the Washington State Department of Archaeology and Historic Preservation (DAHP). On October 1, 2012 the Board of County Commissioners approved the request to place the proposed amendment on the DCD and Planning Commission's 2012 work plan SfAIFpottB Rwonmantlttbn; MIA11-251 Vape2of5 Staff Findings: 1) Affachment A is the applicant's submitted proposal, 21 Upon preliminary review of the proposed code amendment, staff had concern Mat the proposed change to the Allowed Use Table would be overly permissive, allowing every Rural Residential 1:5 zoned parcel to develop an 'indoor entertainment and recreation facility' as a'yes' use, where such facilities are currently prohibited as a'no' use 3) Indoor entertainment and recreation facilities are a type of commercial use defined in JCC 18. 10.090 as 'Indoor entertainment or recreational facilities" means places designed and equipped for this conduct of sports and leisure -flme activities, including, but not limited to, physical fitness Nubs, bowling alleys, theaters, playhouses, and billiard moms." 4) An early staff consideration was to instead allow such facilities in RR1 S districts as a discretionary conventional use ( "C (d)') to allow a greater level of review on a case -by -case basis. Staff continued a preliminary review and considered other alternatives to achieve the intent of the applicant's proposal. See Attachment B. 5) Among the options considered, staff feels most supportive of an alternative proposal: change the minimum acreage requirement for small -scale recreation and tourist uses when an historic resource is present. fi) Small-scale recreation and tourist uses are a type of land use defined in JCC 18.10.190 as "Smell -scale recreation or tounst uses" means those isolated uses which are leisure w recreational in nature; am rellant upon a mal setting or location, do not include any new residental development beyond that allowed in the underlying land use district, and otherwise meet the performance standards in JCC 1820.350 See RCW 3670A. 070 (5) (dl fir." 7) The proposed amendments are consistent with the Jefferson County Comprehensive Plan. 8) In keeping vdM the planning objectives, community vision statements, goals and policies of the Jefferson County Comprehensive Plan, staff supports this alternative amendment as one that will foster economic development by highlighting the many historic and cultural resources located in Jefferson County. Specific provisions that apply include, but are not limited to • Goal EDG 3.0 - Establish a Targeted Industry Program that promotes Jefferson County's strengths, advantages, and potential in the following industries: (excerpted) Tourism (including Native, Cultural, and Agricultural); • Policy EDP 1.2 - Encourage a range of opportunities, economic activities, and businesses that serve both the needs of local residents and visitors to Jefferson County; say Repel BRecommenEaOm; MIA11-250 PW 3 ors • Policy EDP 63 -Allow for low- impact home -based businesses and cottage industries, agntounsm including bed and breakfasts, small scaled tourist and recreational uses, and other uses that serve tourists and the traveling public, in rum[ residential areas, • Policy EDP 6.3 - Encourage the development of small businesses, services, cultural attractions and special events that capture and support tourism. Identify wider uses for these small businesses to also furnish goods and services to the traveling public and local population: • Policy OSP 6.1 - Support the efforts of the Jefferson County Historical Society and other interested groups, to (d) Develop methods to link cultural resource preservation with tourism and local and Mbal economic development strategies. See Attachment C for a list of known historic resources in Jefferson County. 9) After further discussion with the applicant, they revised their proposal to this alternative 10) As staff completed a preliminary review of the proposal, an additional text amendment to the existing definition for historc site, structure or landmark' was identified and is proposed to ensure a broad range of local historic and cultural resources will be afforded similar opportunity for economic development not limited by the degree or category of historic or cultural significance. 11) Attachment D is the Proposed Text Revisions for this alternative proposal. 12) Because the proposal is not site- specifc, the proposed amendment will be reviewed! under SEPA as a "non - project action' (WAC 197 -11 -704). The aphorist DNS process of WAC 197 -11 -355 is being used. The Department of Community Development (DCD) has reviewed the proposed code change for probable adverse environmental impacts and expects to issue a determination of non - significance (DNS). DCD and the Planning Commission are accepting general comments on the meats of these suggested amendments. The DNS will become final after the and of the 14 day comment period. This may be the only opportunity to comment on the environmental impacts of the proposal. The proposal may include mitigation measures under applicable codes. A copy of the subsequent threshold determination for the specific proposal may be obtained upon request. Additional .project action' SEPA review is required at the permit stage for any new site - specific imposed use. After review of the suggested amendment and existing environmental documents, the SEPA Responsible Official at DCD has determined that existing environmental documents provide adequate environmental review to satisfy the requirements of WAC 197 - 11-800. The following existing environmental documents are being adopted: a) Draft and Final Environmental Impact Statements (DEIS)FEIS) and addenda prepared in anticipation of adoption of the Comprehensive Plan in 1998. The DEIS and FEIS are dated February 24, 1997 and May 27, 1998, respectively, sarca�nsx.<om,aw�; coon -ssa vp.ams and etamine! the potential cumulative environmental impacts of adopting alternative versions of the Comprehensive Plan. b) June 11, 2001 Glen Cove/Td -Area Special Study Supplemental EIS Final Decision Document c) 2004 Staff Report and SEPA Addendum for UGA Amendments to the Comprehensive Plan issued May 19, 2004. M 2004 Comprehensive Plan Amendment Docket Department of Community Development Integrated Staff Report and SEPA Addendum issued September 22. 2004. 13) The Planning Commission is required to hold a public hearing and consider public comments on this issue before making a recommendation to the BoCC, in accordance with ROW 36.70 .850 and JCC 18.45 090(3). That hearing has been scheduled for November 7, 2012. The Untied Development Code (UDC) Amendment Process can be simplified into eight steps as shown in Atlachment E. 14) Notice of the public hearing is provided via a legal notice published on October 24, 2012, in the official newspaper of record, the Port Townsend and Jefferson County Leader, in accordance with JCC I B.45.090(2)(b) add includes a fourteen (14) day comment period to expire on November 7, 2012. Department of Community Development Recommendation DCD staff recommends the proposed amendments to JCC 18. 10.080 and JCC 18.20 350 be approved as presented in Attachment D. Staff recommends further that the Planning Commission hold a public hearing on this request for November 7, 2012, which shall close a fourteen (14) day comment period. Once the comment period has ended, the Planning Commission can reconvene to review comments and begin deliberations. During deliberation the Planning Commission will enter findings of fact and conclusions of law in accordance with and in consideration of the required Growth Management Indicators (GMIS) found at JCC 18 45.050(4)(b)(1), JCC 18.45 080(l)(b), and JCC 18 45.090(3). The Planning Commission will then develop and present to the BoCC a recommendation, which, in concert with the DCD staff recommendation, comprises the official recommendation from the Planning Agency. stafRWH B RxnanrerMalon; MU11-454 va4s5w5 0 M Attachment A. �+fIN DEPARTMENT OFCOMMUNITY DEVELOPMENT 6215Neaaan St" - Pon Tonal - Washington 98368 3601 - 360/3794051 Fax were, W ercerscn wa.us/mmmaevelwment Master Permk Application MLA: Peaked Seminal pri sapaate shriek as mmssaan: l: .SCN ' A Tax Perm NumM UI � Smindays¢e (src/ayuae hai[ See Aatlreaz andor Grec5pluW PrtaM: G ;m2cum V! 25� Papery omaaslar Recwa: z E Tdepnona: '+.GO—�4'3S49�Fax'. emee: �enaradT 1t Manag Aderma: tL \ Ii Aileen Rd Cso, ea.aLr ex, Nh44Q 32f AppllcaartlAyrrt jif alRaaeK ]ram avnerJ: TM Fax: small ' Willing M /:EE: ess'. 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Square FOala o Cement Presented For O(fim USe ON AmaWlt .Revision main Fbw Heeled ew EH BIE App Rev: 2 Fkm He9e] Corsairnq Review: IMUZZO N, fWmonal &sWon : Healeel Basement Pkn Clelthe: UMeetei&eemml SMa Bmdlagafee: OMar Wllmte0 ^• Pd Wdw RetNw'itt: Cm WfOaTyl SUBTOTAL Dwke 91tRJApptmMfee: Dtlrer TOTAL E Recipt Number GaWClleck NUnbar Wle: EBTft% E COBTIREOUIREDI Favmerke: aM deN kWreMma'xreYbruWRnb RtlN IN14y: 4 \ammrCmv \MNN \OROFVP 1Gmm DFO lmmVaumaame�aWEeum SD4Balrc November30,W11 TO: Jefferson COmtty Department of Community Development FR: The Paradise Theatre School in Chimacum WA RE: Request for Considemrlou ofChnnge ha the Discretionary Use Cade Amendment Enclosed please find an application and acheck for the application fre for the following: This is an application for a conditional discretionary use code amendment to change the "no"m a " Yes" for "Indoor muctlairwent and recreationel facility"coder the Rural ResidentiaYl DU/ 1:5 denigration for parcel 4901142014 at 161 Center Road, Chimecurn. Ova the pest eight years this building has been baown se "The Pemdise Theatre School " The Paredise Theatre School is a act for-profit, 501(c)(3) organization. This Parcel is located very near the Chimacmu General Crossroads at the SR 19120 Intersectiom Chimacmn has been the home of the Olympic Music Festival for many years and more currently the home of Unnacum Como Farmstared, Farm's Reach Restaurant aM family f s with public facilitice such as Financier Form, Mt. Townsend Creamery is making plans for a possible share, restaurant art and and breakfast directly across the Or"t from The Paradise Theatre School. There is a "Chimacum Renaissance" happening at the present time, and The Pemdise Theatre School, a non -profit arts organization, is an ideal addition for cultural and eronomic development in this growing sustainable community. Hismncelly, the building has been used as apublic space for various commercial and ran Profit ventures. Hefom the Theatre was; used as a [heave school, the building was Mind ss an unique store, aballet school met an an school; it was originally built in 1906 to Ise used as a Methodist Church for serrn ene, weddings, funerals, and other community- oriented gatherings. The anticipated hours of Operations for the public are: Chases: six days a week/4 hours a day or evening w /an more than 15 students per class/reheamal; and Perfomrvices: 8:00 -10:30 pm on select Thursday, Friday, sand Saturday evenings and Sunday afternoon handing no more than 80 performances per year Th —;\—� estimated 25 50 audience members per perfimance �" �% E I 'll Athabaska to classes, worksho I�I pc, ge, rformaaceswll be tswg iezpectfpry uth programs, wtuch writ be free oes abscission. and Iow mwme adults hod y receive scholarships and reduced or flee admission. - 6 "fESV: WI:ry On site parking is proposed form estimated average of25 cars with 'iWdttro�- ''� �e-'yr overflow parking on site for a total of approximately 20 cars. We understand dust in the past there was a concem expressed regarding parking smears our site: It is impormnt to note that Nis occurred during an outdoor performance when an unexpected and unprecedented number of people attended aplay. The outdoor plays are now conducted at H. J. Canoll Park, the of charge to the public. There will be two theatre instructors living on site in a separate dwelling unit. Who we are: The Paradise Theatre School is a leading educatimal and cultural force on the Olympic Peninsula in Washington State, encouraging discipline and theatrical risk. taking in our students, producing uncompromising new plays and adaptations of Us highest quality, and addressing the problems and possibilities of am times. What we do: Off r classes and performances to the residents, including low -income youth and adults, of Allinson County and its visitors. Why we do it The Preset as creates community by advocating for the audiences and students we serve mall the work we do. We are contained to making The Paradise Theme School's unflinching creative uestbetic accessible to the widest possible audience. At The Paradise, ow ambition is to create an educational experience an astonishing, thought provoking, and of such high quality that untrabled students me moved to attend local mis events, and then moved again to be expressive artists in their own righk Commmlry Members who me supported in attending theatrical classes and perfmmancs benefit born experiences that can result in wider scholastic mad employment options, as wee as borrowed potential for civic engagement. Our friends at Ne Jefferson County Bard College Clemente Course in the Human nes have demonstrated that lower income citizens who receive access to studies in the Humanities for the firs[ firm in Neu lives experience growing levels of civic engagement and self-sustaimbility. We note similar rearms front students and attendees of am pmgruoming. We wish to note that Jefferson County is not overrun by theatre instructional pregrame or live Keane. We believe The Paradise Theatre School is an esteemed ingredient ice the cultural and much -nceded economic revival of the Consumers errs mess. The Paradise Thence School practices a nondiscrimination policy ofdigniry and independence for its students which prohibits discrimination and harassment and protects Ne than to be Use of bate activity based on me, color, religion, sex, sexual orkmatioq gender identity or expression, age, disability, marital ones, citiunshi mtloml nria'� _ political affiliation, or veteran soma' (C'n [`4 � V L We hope you will understand our lack of femiliarby with this type of application and hope that, if we made any some, you will inform us so Not we may correct them Immediately. We do raluest prior notification for purposes of review or inspection. Our conrect information crn ne found below. The Paredlse Thee" School will deeply appreciate your serious consideration of our request, and we thank you for your kind a ration to ends matte. Sincerely, &Fovwtwalker, 121OZ17vit Pre dent The Paradise Tlea School 161 Center Road Chimacum WA 99325 360 13 -3493 f loJtnerwmdisetnee n 1 / Pattie es Vam3 re orn, Artistic Director \ \\ u0 Em . -= f ;, _!,•! !!; .__ ,., \� \ \ \ \ \ \ \ \ \ \ \ \} - - •r!!|!! ==.,.,:! 1 \\ \ } \ \ DAHP Historic Places Inventory C " " s' if a oa t oob�ptl� '.. an4tlowo7 POO�¢4. OO tlbw DB¢ .yam. edge, I ISIN111H. 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M!A6,40184 Q.NW" "i", Lii i i Ni Dift'i Ri VO3Jlh hic,thell 1)[MignioOr Endg, iii CMO 'i Attachment �. ec °aroaoi° MLAII -00250 UDC Text Amendment: Minimum Acreage Requirement for Small -scale Recreation & Tourist Uses Submitted by Appil"ne Van BeuzekomlParadise Theater School, Chimacum Proposed Text Revisions: JCC 18.10.080 Definition for "Historic site structure, landmark° • JCC 18.20.350 Performance Standards for Small -scale Recreatlon & Tourist Uses JCC 18.10.080 H. Definitions Bill Format "Historic site structure or landmark" means a site, sirctu s. building district or object of ouasc ndiag - archaeological, architectural historical, or cultural significance. This is shown by its listing, or ite determination of el'a'b'I'ro for l sang desigaageaassusFbyJlyMe National Recister o Historic Places same Washington State Reg star of 1 1 slats PlasesHeril Reoisrre ration -as in h star a weUrml ,or jgl@rmiD@d t be tib t to the chai @nij/or historical fi of a district amy�for which the State Historic Preservation Officer has made a determination of s ^ ^^ `.a..^.aa�a2li ibili typursulant to Section 106 of the National Historic Preservation Act. This definition also applies to a site atugiul hullding district or object of archaeolo ices architectural, historical It ural significance shown by se; tl - t determination of eligichriv for designation by a local brsd c[on or its inclusion in the Washington State inventory of Cultural Resources as administered by the Department of Archaeology and H stor c PreseNa[ on Clean Copy: "Historic site, structure or landmark" means a site, structure, building, distinct or object of archaeological, architectural historical or culturel significance . This is shown by its listing, or its determination of eligibility for listing, in the National Register of Historic Places, the Washington Heritage Register, or detemlined to be contributing to the character and /or historical significance of a district for which the State Historic Preservation Officer has made a determination of eligibility pursuant to Section 106 of the National Historic Preservation Act. This definition also applies to a site structure, building, district, or object of archaeological, architectural, historical or cultural significance shown by its designation, or determination of eligibility for designation, by a local jurisdiction, or its inclusion in the Washington State Inventory of Cultural Resources as administered by the Department of Archaeology and Historic Preservation. JCC 18.20.360 Small-sczls recreation and tourist uses. Performance and Use - Specific Standards Bill Format. (3)(b) Unless a larger parcel size Is specified minimum lot size shall be five acres except that no minimum lot size is remused for parcels that include a historic site structure or landmark. Clean Copy' (3)(b) Unless a larger parcel size is specified minimum lot size shall be five acres, except Mat no minimum lot size is required for parcels that include a historic site structure or landmark. (See attached for full code section] MUtt -250 Prili TW Pp 202 9.21.i4 MU11 -250 UDC Text Amendment: Minimum Acreage Requirement for Small -scale Recreation & Tourist Uses Full co rs bidden - Proposed revision at (3)(b) on Page 2 JCC 1830.350 8mallacale recreation and rootlet osw. (1) Small -Scale Recreation and Tourist Uses. Smal le recreational and tourist uses rely on a rural location and selling and provide opportunities r diversify the economy of rural Jefferson County by utilizing the county's abundant creational opportunities and scene and nsturel amend" in an environments Fsens0ive manner consistent with the tllml character of the county. Upon approval pursuantlo this fade, these types of usce maybe conducted in the land use aNnia specified in Table 3 -1 in JCC 18.1 =040 and as providetl for in small -scale recreation and tourist (SRI) essay detdcts under JCC 18. Ageounsm on designated agricultural lands Is regulated in JCC 1820.030, agricultural Finished and accessory uses. The re dent list of uses is not intended to b r exhaustive, but Father a intended to be illuslretrve of the types of smalFKale rental or tourist uses. (a) Aerial resreadonal activities such as ballmn rides, glider and parachute events) (b) Animal preserves and game farms; (c) Forefront centers, on parcels 10 acres or larger in size; up Campgrounds and damping facilities; (e) Commensal fishing ponds, (0 Culture ) festivals; (g) Miniature golf, not to exceed a gross use area of one acre; (h) Mode bobby parks and sites on Rapids 10 acres or larger in dou (1) Outdoor recreatonal equipment rental andlor guide services; 0) Outdoor shcodng and archery ranges; (k) Pnvate bunting or fishing camps; (p Public display gardener (m) Recrdatlonal off mad! vebicle (01i and all terrain vebcle (ATV) perks and recreational areas on parcels 20 acres or larger in size, (n) Recreational cultural or religious conference centerfe tried pages on parcels 10 acres or lager In size; (o( Re reatlonal vebicle parks, travel barker parks, and commercial compgrouMS on parcels at pastt No aces In (p) Rural restaurants, only when associated with a primary recreational or tourist Use; and (q) Rural recreadanal lodging or cabins for overnight central on parcels 10 acres or larger in dine. (2) Unnamed Sm IISCale Recreation or Tcunst Uses. Mar uses not specifically named above maybe cWSSified as small-scale recreational and tourist uses by the administrator, sub)e cto the pmvisons pf ibis section, upon documentation by Me applicant that Me processed use is dependent upon a parrati r rural Oregon or adding and is consistent with the meant and application of RCW Y 70A 070(5)(d) and the Jefferson county Comprehensive Plan. 11250 Proposed! Test Page 1 W JCC 1820.350 S1nSlcele Reaepron & Tourist Uses (SRT) 9 21 -12 (3) Asmall -scale recreeton Or tourist use shall meet me requirements of Miss code (except as provided for in SRT overlay d tips per JOG 18.15.5]2), inducting tw provisions of JCC 18.20290. Recreational developments, JCC 18 20.140, Commercial uses — Stenal for she development and the following standal (a) Small -scale recreation or tourist uses may include limited and commensurately scaled mmmelual finalities intended to serve those small scale recreational or buds[ uses (e g., a gift Shop, delicatessen, convenience shore, or asagaated retail sales and services); provided that Me applicant can demonstrate the fallowing to the safsfaccon of the approving amonity that (q The principal demand for the commercial facilities Is derived from Me pnnapal formal or tourist use and not the existing and projected marl population; (t) The associated commencial activdes shall be clearly accessory to and dependent upon the primary recreational or tourist uses', (r) The assOCiakd commercial activities, in sadden to the principal recreational ortoudst use, wIl nth have a measurable debingeri band, noise, visual or public safely Impact on adjacent propedies, (b) The use and associated structure is clearly appropriate and compatible in Scale, sae, design and function with surrounding uses and environment; (v) The has well not constitute new urban development in a rural wage', (vi) The public fsCllNies and services provided are limited b those necessary to serve the associatetl commercial aCGNtes and Me principal small Scale recreafional or tourist use In a manner that does not perms law - density sprawl, and (vi) X other applicable requirements and standards in this UOC are met. (b) Unless a larger parcel size is specified, minimum lot size shall be fee acres corm that no minimum ot Se assigned for rarely that -dud hbi site, wa ndmark (c) Only one small-scale recreational or tourist use shall be allowed per legal lot of record, with the e>cepton Of rural restauraets. (d) Only those buildings Or areas specifically appm and by the county may be used in Me conduct AMe business (e) Parking shall be compared on site and provied in conformance with this code, induding JCC 18.30.100 and 1i (g NI argiviti" shall, at a minimum, be Schemed] hum the view of adjacent resideni uses subject 0 the lantlscagng and screening requirements of JCC 18 39.139 and Set back a suR lent distance from all rear and side property, lines to protect th character of adjacent and Surrounding properties and uses. The approving authority may authorize variations to the setbacks established in Table 6-1 in JCC 18 30 gW in okerto ensure Mat any small-scale recreation or tourist use or SOVdure, when proposed in cradjacentb a m21 nasidernal UUU distinct shall be compatible with and not tlismobve M the chaacer of existing and anticipated fuMre uses In Me dis ed (g) Al smallswle recreation or turner have Shall ufilize local attess or minor collede r roads for primary access wtrenever precti0able. Access of Matate routes, adenals, or major oc lei oval may be allowed if access improvements are trend analysis assures mobility is not tlegraced (h( Structural shall comply win the landscape, lighting, site coverage, and design standards retnin in Chapter 1830JCC. MIA11 -250 Prowl Taft Pge2d1 JCC 18.20.3`50 Smalkwes RCaeatioo B Twna Uses(SRT) 9 21 -12 (i) Any smel scale recreational Or tourist use development allowed undwthis section that proposes to Include permanentoccupancy on age resdential development may only be permitted subject lo: (i) The underlying dureI residential densitp (ii) A master planned resort (MPR) di strict designation subject t0 a legislative aetion to amend the (bmprehensive Plaq or (iii) That necessary far oncite management (a g., a cdretakefs residence). (j) For any small¢cale recreation Or (outlet use, the county shall impose such reasonable conditions (e g., location and Size re prabons, desgn standards, landscage buRere, seNads, etc.) as are found necessary by the approving authority to ensure that the adNlty or use due to proximity, location or intensity '. (l)Is compe le with Me coral character of adjacent lands and shorelines, including forestry, agnwlture, and mineral lands of long-term commercial signifcanca; (ii) Does not disrupt the character of any surrounding permitted uses, (III) is adequately serred by pub( facififtes and services linduding usual level of service and minimum fire flow requirements) without the need Be extend those services in a manner that promotes low density sprawl; (iv) Adequately profeds environmentally pamper areas including surface and groundeater resources, and (v) Would not mmulaEVely, in wmbinaflon with the Small a existing development (or given the probable development of subsequent projects with similar effects) in The vicinity (te, within one mile) of Me proposed use create a development pattern Mat our Shade; low den" serve( require Me extension d public faa9ties or expansion of public Services in a manner that promotes low, density sprawl; or be dheleise incompatible with or injurious to Me rural character of Me area', (d) For designated agricultural lands, converts as line land with prime agricultural soils as eradicable Into nomagriwXural use do If Me preceding wildidons (in subsection (3)0) al section) cannot be met to the satisfaction Mtbe approving authority, rice use shall be denied (4) ExparSlen d Exuding Small -Scale Recreational and Tourist cautious, (a) Where alteration, madification, orexpansion of existlng small Scale recd adon am ounsm facroes would increase the scope, sale or intensity of Me use orfacilities (ag -. adding meal service or new recreational facilities, adding new conference or lodging fadmles), the prepared shall be subject to a condldonal use permit antl must demonstrate Mat the expansion of the existing use or Ideal Is reliant upon a durst Ideal and Beard. (b) The approving authority may aVach reasonable performance standards andfor conditlow to ensure Mat alteration and expansion of such uses have minimal adverse Impacts on surrounding areas and uses, malim ins Me nnai character of Me area aces not constitute raw density Barrel, and is in complonce with RCN 36.70A 070(6)(4). (c) Any stop n, modMcatgn or expansion of an exuding small apple recreation or trader use shall require site plan approval consistent with the standards and requirements of this wtle. (5) Aerial Recreafional Activities . Aerial recreational activities may be approved oe a smuldmale recreation use provided the fallowing standards are met: fill 1-25D Proposed TOO ant u7 JCC 1920.35o Smalls cek Rao'eaWn B Tatid Uses (3RT) 521 -12 (a) No pennanemswdures or improvements are required to carry out the astNiy; (b) The proposal will comply with all FM regulations, (c) For recreational aenal acMvil on designated agricultural resource land the proposal will not remove lands horn agricultural appal on or substantially staffers directly or Indirectly with Me continued agmuXUrol use M Me parcel antl (6) Minimum lot Saba may be increased by the administrator based on the site area required to sakly undertake Me activity . (8) Reueabonal Vehicle (RV) Park, Tavel Trailer Pal or Commode, Campground. (a) The use of any parcel for an RVlcampground park and any modifications M an existing RV /campground park shall comply with Me following standards and requirements'. (i) The minimum parcel area far an RVAm filer park or mmmeraal campground shall be five ease. The maximum s of any parcel devoted M the finumpal RVArmal hailer or commercial campground use shall not exceed 20 acres; (ii) The Maki density of any RVArmal hailer or Winmecial campground approved under this code shall not exceed 80 spaces: (iii) No RV shall be orated anywhere but in an RV space and only one RV shall be kindred within any RV apace; (iv) All RV, travel maser, recreational park hailer and campground uses in new RVHavel trailer and commercial campgrounds (approved after 00 efadve data of this IIOC) shall be limited M a temporary occupancy not N exceed nine months; (v) The minimum width for a parcel containing an RV park shall be 300 feet, except Net immune of the parcel intended only for general vehicular entrances and exits may be as nanow as 50 feet (vi) No part of any RV /campground park shall be used for Me parking or storage of any heavy equipment (vi) No home mccupatlon or business shall be operated from an RV /Campground park except for the resident manager and as allowed in subsection (3)(a) of this sMimn: (viii) A responsible caretaker, owner, or manager shall be placed in Marge of any RVlcempground park to keep all grounds, faulNes and equipment in a clean, ornery, and writers condition, and shall Na answerable to Me Owner for any violation of the provisions of this Me or any other ordinance; (k) An on site caretaker or managers residence is allowed; and (x) Pllowabla accessory uses and improvements may include facilNes for (A) Picnicking; (B) Boating; (C) Fishing; (o)Swimmmg; (E) outdoor games; M1A11 -250 Pr[{gad Ted PagalotT JCC 18.20.3508mellttale Re al a Toult llas(SRT) 42112 (F) Miniature goncounum (G) Mechanical amusements; and (H) Other seem and adivhies. (b) Layout and Design Spedficedons. The followirg layout and design spediffoul ors shall apply to any RV/wmpground path'. (i) A buffer area shall M provided Imonaura ly within all boundaries The required buffer area shall be a minimum of IN feet in depth within all common property boundaries or public streets. Vanable width butters may he considered based upon tomography and design considerations', (n) No RV orcamp site may be located within a buffer area (ni) No building or structure may be graded or placed within a buffer area, except a sign or fencer', (iv) No refuse disposal area shall be Iorand within a butter area, (v) No plant maleriels may be deposited or removed within a buffer area except as a pad of a recognaed landscaping scheme or except for emergency access: (vi) Only roads which cross the buffer are as close to right angles as practicable, and connect IireWy with Me read system compared! red siotin the remainder of the park shall be permitted with in a buffer area; no reatl shall traverse the turner area and gme direct acceas from any public read to any RV apace or camp site (vii) The road system shall comply with the standards and spedfications for roads pursuant to Chapter 18,30JOO: (viii) Adequate o&street parking spaces shall be provided, (ix) Each RV space shall have sundered unobstructed access to ormanage on, an RV park read, so as to pemnt the movement of Rva', (x) No structural addition ro any RV shall be damaged, (A) All refuse consul shall have an animal-preof lid and shall be maintained in a dean and sanitary retention Garbage and Muse shall be disposed of in such a manner to contrel flies, entente and ci huh All utilities, including electrical power and telephone lines, shall be installed underground, (All) All roads, walkways, grouped! bay parking and sarvloe areas shall be provided with lighting adequate to ensure Me safety of vehicular and pedestrian traffic; (xiv) Central opmfon stations and similar central fadrrea may be permmetl; (xv) Adequately all wastewater disposed beglifles shall be required and must be approved by Me Jefferson County environmental hill department (7) Equestrian Center. Uncovered and covered facilities for commercial boarding, training, teaching, breeding and rental a homes including fadliGes for shows and competitive events, and riding trade. This does not Include stables used solely for breeding or boarding of horses. An equestrian center may be permitted when the following standards she met MtA11 -Paid Propprol Ted Page SM] JCC 1820350 Small -.seals Recreation B Tourist Uses SRT) 421 -12 (a) All seWecks d the stable structure (does not Include facilities for all training or exercisirg horses, such as a riding arena) shall be at least 50 feet from any property line and 100 test from any existing residence, except the owners or caretakers dwelgrg(s); (b) Facilities for titling, tommi g Or exercising horses shall Its at least 25 feet from any property line and at least 100 feat from am/ existing resell except the owners or central dwellintim), (d Riding trails are not considered riding, training or exercising facilities and are not subject to this sandal; (d) The administrator may authorize a reduced s ideaGa Mr equestAan f nginea; provided, Ghat the county may Impose condlfdns of approval to mitigate any adverse impacts which may result ham granting Me reduced seback; (a) An animal waste management plan shall accompany the application. The plan shall be prepared in ennsuhatron with the Natural Resource Conservation Service gait , local conservation district, or similar agency; (p Adequate paring, trafic management, and dust management shall be provided for horse shows with stables with more than 20 stars; (g) Public address systems using loud speakers shall only be used between to 00 a.m. and 8;00 p.m.; (h) A tack shop may be provided when it is only for the use of owners of horses bceded at Me stable or event paNCipants; (q An on -sile wreaker or managers residence is Slloweq and 0) A parcel size of not less Man 10 acres shall be required. (8) Outdoor Shooting Ranges. Outdoor shooting ranges are subject he Me following Standards. (a) They shall be located, designed constructed and operated to prevent the likelihood of discharge of ammumbon beyond the bamommw of Me parcel where May boor, (b) The National Rifle Association s Range Manual shall be consulted and used in the development and operation of ranges) Articles 1, 2, and 3 of Me wfery recommendations for outdoor shooting ranges shall be used as minimum guidelines in Me design and construction of shooting ranges; (c) beaming and trespass signs advising of the range operation shall be placed on Me perimeter of Me property at intervals no greater than 50 feet', all The shooting areas shall be surrounded by an eigm-foot -high noise bamer in Me don of an earth balm or wall, or be located In a minimal eight -foot deep depression; (e) The minimum lot sets for an outdoor rifle, tap, skeet or pistol range used by an organization shall be 10 acres. For an outdoor archery range used by an organization, minimum lot size shall be five acres', (N No structure or shooting areas associated w a shooting range shall be located closer Man IDO feet to any lot line; (g) A minimum location of 500 feet is required from any occupied dwelling other Man the dwelling of the owner (h) All shading areas must be completely (ended, and MIA11 -250 Prerc.Md Ted Page 6of 7 JCC 18 20,350 "a Recreation B Tourist llses (SR T) 52112 (i) In the consideration of an apFllehon for permit, the approval sonority shall take into account both safety and rwlses Motors, and may presumbe sectorial contlNOns win respect domed, (9) Rural Reorestionai Lodging or Cabins for Overnight Rental and Recreational Cultural or Religious Conference Center /Rebea[ Fachdoes. Rural recreational lodging or pabins for ovei rental and conference retreat facilities are subbed to the Mllowing standards'. (a) Minimum parcel size is 10 acres', (b) Fifteen built mbios or managers far overnight lodging comprising up to 6,000 squaw idet of gross Hoer area re allowed for every io acres of parcel sin, up to a madmum of 30 rooms or cabins demanding no more than 12,000 square feat of Wdl building area over the enure site, nodding a caretakers or manager's residence, (c) Lodging opemlOm may not allow any person to occupy overnight lodging on the premises for more Nan three months in any year: (d) New husband development shall net be permMed New residential development includes Me subdivision or sale of land for year -round or tunnel inidentai housing that is owner occupied or rented (e) An on -site wreraker or managers residence is allowed: (f) A conditional use permit subject to a Type III approval process, which includes a public hearing, shall be required. (10) Rural Restaurants. Rural restaurants may be allowed as small male recreagonal and tourist uses, subject to Me following sfandl (a) only when associated win and ab oMlnata to a primary, recreational or tourist tin', (b) Indoor dining facilNes shall not ended a total of 50 seats, including outdoor sealing, unless lt can be demonstrated Mat larger capacity fadlity is needed b serve the demand generated by the primary recreational or munst use (c) The structure shall constitute no gramer Nan 5,00 square feet of gross floor area (d) Dm2Nmugb toed serime is prohibited This does not include npresso stands. Pro 8 06 § I 111 -20 Proposed Twit Page l oft JCC 1828.350 Retraces Recreation B TOUhst OSes(3RT) 9-2112 Attachment E. United Development Code (UDQ Amendment Process UDC amendments are governed by Jefferson County Code, JCC 18.45.090, and subject in review under the State Environmental Policy Act (SERA), WAC 197 -11. The UDC amendment process Wn be simplified to 8 Steps detailed below. 1. Amendment initiated by Department of Community Development (DCD) staff, the Board of County Commissioners (BUCQ, the Planning Commission (PC) or by application submittal. 2. DCD st aff provides preliminary review of the proposed amendment and presents to BOCC for direction on whether or not to place on DCD work plan. 3. DCD staff reviews the amendment, prepares a staff report and makes recommendation. a. When an Environmental Impact Study ( EIS) or Supplemental EIS (SEIS) is required, the appficem works under the supervision of the SERA Responsible Official to provide special studies and prepare the Draft EIS (DEIS). This process includes a public seeping meeting to determine the scope of the EIS and a public comment period for the DEIS. SERA Is an administrative review that may occur outside of the Planning Commission process. b. The DCD staff report will reference the DEIS or FEIS as applicable. 4. Notice of Intent to amend the development regulations shall be provided, and public hearing before the PC is scheduled a. At least 10 days priorto the date of the hearing per JCC 18 .45090(2)(b); and b. At least 60 days prior to final adoption per WAC 365- 195 -620, 5. The PC shall hold a public hearing, JCC 18.45.090(3), to solicit testimony. 6. The PC shall make a recommendation to the Bi using the slle- specific criteria set forth in JCC 19.45.080(1)(b) and (1)(c), as applicable. 7. The MCC shall consider the proposed amendment at a regularly scheduled meeting and apply the criteria set forth In JCC 18.45.08(1 and (1)(c), as applicable. 8. The MCC may adopt the PC recommendation or may conclude a change In the recommendation Is necessary. A change requires the Board conduct Its own public hearing and comply with notice requirements. U. The HIS shall be issued at least seven days prior to the Board's decision. (p in the consideration of an application M permit, the approval mMoary snalI lake Into account WM safey and ise feMn. era may lxescrlbeaaaMOnal mntltluns wtlM1 reaped merem. (9)RUra reational LOa9ing or CadnS fa OVemighl RenleleM Recreal'ronal LUlbrelm Religious COn(erence CemerlRel Fecillfies.fturel recreafionel btlglnp ar wDin forovemigM rental arq conference threat feallPea are wh(ecibtlrefo "rrg alantlaMe'. (e)Mlnimum arced saeb l0 sues; (D) Fiflem DuiP ca -m or Mtlmoma far ovemipb[ looping oumprising up to 6,000 square feel of prow Pour area re albwM toreve t0acresof parrelsaq up YOa metnmum of 30 rosms ucabine wmprisingmmore Pan 12.000 square feet of builtlinB area over lDe mNetile,eWUaingawretakwsumana9ela resipence; (d) r sale occupy ovemiaht lodging on the premises for more Pan three or rsmki subdivision or m A conditional use permit supect ro e Type \apffovalx�a, ma, whlM induces a pudic hearing, shall lot required( 10) Rurel Restaureme. Rural restaurants may be allol -scale recreatuloalrg standards(a) Only when sssodaled Mth aM auWMlna' recreational or tourst use; (b) Indoor dining ratines shall rot escaet✓a tats,' muding ouadooraeeEng, une d P tan be demonstrated that a IsrgertapaCry la slve demand generated by Pe primary recreational ortoursluse; (c) The solutions ehan consMute M greater thuare feet o mes Pooraree, Tole aces not Include arrested stands. (Oro, boll g f) JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 6115Aeoffl APM IFallownMM esteem I Wr.E x TN:yyA.]194WIFar.1W.81$Wl[Emit. Wf%v.'aReinn ways soon Pomnh B tier MEMORANDUM To: Jefferson County Board cd County Commissioners From: Michelle McConnell, Assodate Planner, Long Range Planning LeaB. r/ / Department of Community Development Dab: November21, 2012 Re: k1lu 28lL Unified Development Code Test Amendment; Minimum Acreage Requirement for Srlallscse Recreation and Tourist Laos. and Definition of 'Hfut is site stucase, or landmark; JCC 18.20 350(3)(6) and 18.10.080 Attached: Planning Commission Recommendation for Approval Department of Community Development (DCD) is transmitting the Planning Commission Recommendation for approval of the proposed amendments to the Unified Development Code knownas MLA11- 250. The proposal is t0 waive the minimum acreage requirement for small scale recession and tourist uses when an historic feature is present, and to revise the didniticn for'HUbric site structure, or landmark to W consistent with terms and processes in use by the Washington Department of Archeology and Historic Preservation. This proposal is considered progremmatlo, not alte- specific, and any future project-level applications for such use and development will need to comply with all applicable provisions of the Jefferson County Code. The Planning Commission held a public hearing, deliberated the proposal, and took formal actmn on November T, 2012 and their resuhant recommendation is being transmitted to the legislative body as required. DCD staff will request rime with the Boad at regularly scheduled meeting in the near future to Present the Planning Agency ecommendaton and to support the Board's deliberations and legislative action on this matter. Materials related to this proposal are posted on the Count's webstle, online at http'iM -iefts mgn,wa.us/commdevelopmenVissue%2OLinks.htm MINIO Topics nK ; t JEFFERSON COUNTY PLANNING COMMISSION 621 Sheridan Street, Port Townsend, WA 98368 (350) 379-44M %aril M @00Snermn.waUS MEMORANDUM To: Board of County Commissioners, Chair John Austin Department of Community Development, Director Cad Smith interested public of Jefferson County From: Planning Commission, Chair Bill Miller: Data: November], 2012 Attached: Guidance to Create Findings for MIAI 1-00250 worksheet The Planning Commission is pleased to submit this recommendation for approval of MI-A11- 00250. the proposal for a Untied Development Code (UDC) Text Amendment to waive the minimum acreage requirement for small -scale recreation and tourist uses when a historic feature is present, and to update the definition for'Historic site, structure or landmark' per guidance from Me Washington Department of Archaeology and Historic Preservation. The Planning Commission has worked diligently to receive and censider public input, and to review and deliberate the mama of the application to amend the Jefferson County Code (JCC) at 18.20.350(3)(b) and 18.10.080. We recognize the effort the Van Beuzekoms and The Paradise Theater School have made in preparing Me application and Department of Community Development (DCD) has made in researching the proposal, the applicant's intent, the community's best interest, and preparing the Staff Report We support the proposal for two amendments to the United! Development Code as presented. In preparing our recommendation, we have considered the growth management indicators and other general guidance on required findings, and therefore do hereby declare the following findings and conclusions in suppon of our decision: • There was large attendance at the public hearing with the overwhelming majority expressing support of The Paradise Theater School's proposal; • Only one public concern regarding spot zoning was repressed; • The public comments provided are in favor of this creative approach to supporting economic vitality in the County, recognize the value of The Paradise Theater School programs to local youth, and encourage community use of historical structures. • JCC 18.45. 080(1)(b)O — The severe economic downturn has affected Jefferson County substantially changing local circumstances since the adoption of the Comprehensive Plan. • JCC 18.45. 080( 1)( b)d i) — The assumptions upon which the Comprehensive Plan is based are still valid, and there is new information about how the development code relates to historic structures. • JCC 18.45.080(1)(b)( iii) — The proposed amendment reflects current widely held values of the residents of Jefferson County and received broad support from the community. • JCC 18 45.080(4)(c)(i) through (vii) — Does not apply since this is not a site - specific amendment. • JCC 18.45.080(4)(c)(viii) —The proposed amendment is consistent with the Washington Growth Management Act, the County-wide Planning Policy and other applicable laws, enhances economic development and supports maintaining rural character. • JCC 18 45.080(4)(b)dh — Growth and development as envisioned by the Comprehensive Plan is occurring slower than anticipated due to the economic downturn. • JCC 18A5.080(4)(b)(ii)— County's capacity to provide adequate services - is not applicable. MLA11250 Page 2 oO 1102012 • JCC 18.45O80(4)(b)( 0) — The amount of land designated and zoned urban - is not applicable. • JCC 18.45 080(4)(b)(iv) —The proposal is in accord with the current assumptions. • JCC 18.45. 080( 4)( b)( v) — The proposal is responsive to county-wade attitudes. • JCC 111. 45080( 4)( b)( w) — Changes in circumstances that dictate Comprehensive Plan Amendment - is not applicable. • JCC 18.45.O80(4)(b)(vii)— Inconsistencies between the Comprehensive Plan, Growth Management Act (GMA), and County-wide Planning Policy— is not applicable. In addition to the guidance provided by GMA, the County-Wide Planning Policy, the Jefferson County Code, and the Comprehensive Plan, the record also includes the following in support of our recommendation: Letters and verbal testimony of public comment Staff Report, and existing environmental documents, • Assertions in the record can be confirmed, refer to staff findings #1 —14 in the Staff Report; • Our decision is based on the record, specifically public hearing comments and the Staff Report; • Our decision satisfies legal cmena as far as we know; • Our decision is limited to the request presented; and • Community input and discussion by the Planning Commission has reflected the economic value to the County of approving this amendment. Tonight the Planning Commission took formal action by unanimous vote to recommend approval of this proposal as presented. Our recommendation is in agreement with the DCD staff recommendation, therefore, we encourage the Board to review this Planning Agency consensus and to take formal action to enact the amendments proposed by MIA11 -250. MLA11450 Pegal aO 11.09.2012 JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street, Port Townsend, WA 98366 (360) 3194450 Guidance to Create Findings for MLA11 -00250 UDC Text Amendment For Minimum Acreage Requirement for Small -scale Recreation & Tourist Uses And Definition for `Historic site, structure or landmark' Proposed Amendment to: Jefferson County Unified Development Code, Title IS Completed by the Jefferson County Planning Commission November), 2012 `HOW TO DECIDE' Supplement for Planning Commission For MLAII- 00250: SRI'lext Amendment 1. Make a motion, second, discussion? Recommendation (one of the following): 1) Approve 2) Deny 3) Approve with conditions or modifications PC Action: Amend the code as proposed (Downey /Farmer) 2. Deliberegons— tliscussion of proposal and entering findings 8 conclusions "lor allproposedamendmeMS, theplaning commission shall devetopfindings and conclusions and a recommendation which consider the grawth management indicators setforth in JCC 18.45.050 (4)(6)(11)) through (4) (b)(vii), as well as the following:" (NOTE: text from JCC 18.45.080 (1)(b). The indicators mentioned m.050 will be introduced and addressed later in this worksheet] a) Required findings; adapted from JCC 18.45.080(1)(b)(i -iii) (it Have circumstances related to the proposed amendment andlor the area in which it R located substantially changed since the adoption of the Jefferson County Comprehensive Plan? (Answer'yes' or'no' and describe why) PC Response: Yes severe economic downturn has affected Jefferson County (ii) Are the assumptions upon which the Jefferson County Comprehensive Plan is based no longer valid; or is new information available which was not capsi fated during 'xowm Ceelde SWIemen1)l Plann£nFCommesion II -7-2012 ML41I40250: SFTUDCTea Amendmem Paw2of8 the adoption process or any annual amendments of the Jefferson County Comprehensive Plan? [Answer' yes' or'no and describe why] PC Response: Assumptions are still valid, and there is new information about how the code relates to historic structures (iii) Does the proposed amendment reflect current, widely held values of the residents of Jefferson County? (Answer yes' or na' and describe why] PC Response: Yes, mceived broad support from the community "In addition to the required findings set for in [the subsection above], in order to recommend approval of formal site - specific proposal to amend the comprehensive Plan, the planning commission must also make the following findings" (NOTE. JCC 18.45.080(4)(c)(i) through(4)(c)(viii)] b) Additional required findings, adapted from JCC 18.48.080 (4)(c)(i) through (4)(c)(viii) li) The proposed sge- specific amendment meets wncurrency requirements for transportation and does not adversely affect adopted level of service standards for other public facilities and services. [Answer yes; 'no; or'not applicable' and describe why] PC Response: WA this is not a s0e- specfc amendment (ii) The proposed site specific amendment is consistent with the goals, policies and implementation strategies of the various elements of the Jefferson County Comprehensive Plan [Answer'yW 'no; or'not applicabfe'and describe why] 'How 0 Decide'SaW1m=nijw elnnnmg COmmffimn 11 -7-2012 M 11 W250. SFTUDCT tAcv,Aa l Poge3w8 PC Response: (iii) The proposed site - specific amendment will not result in probable significant adverse impacts that cannot be mitigated, and will not place uncompensated burdens upon existing or planned service capabilities. [Answer 'yes'or'no' and describe why] PC Response: (iv) The subject parcels are physically suitable for the requested land use designation and the anticipated land use development, including planned surrounding land uses. (Answer yes' or'no' and describe why] PC Response: (v) The proposed site -a a ific amendment will not create a pressure to change in the land use designation of other properties, unless the change is in the long -tens best interests of the county as a whole. [Answer 'yes; 'no; or'not applicable' and describe why] PC Response: (vi) The proposed site-specific amendment does not materially affect the land use and population growth projections that are the bases of the Comprehensive Plan. [Answer yes; 'no; or'not applicable' and describe why] PC Response: H"ruC"&-S Pkm'tft' Pmmdns C'MM ... M 1] -7-20)2 MLA1400250. -SFTUn Ted Ammdwt Pig 6oj8 190 (vii) Within an Urban GmwM Area, the proposed sae - specifc amendment does not materialty affect the adequacy or availability of urban facilities and services to the immediate area and the overall UGA. (Answer'yms 'no; or'not applicable' and describe why) (viii) The proposed amendment is consistent with the Growth Management Act (Chapter 36.70A RCW), the County Wide planning Policies for Jefferson County, any other applicable inleriurisdictional policies or agreements, and any other local, state or federal laws. [Answer'yes' or'no' and describe why] PC Response: Yes, enhances economic development and supports maintaining c) JCC 16.46.060(4))6)(1) through (4)(b)(vil) Inquiry into the Growth Management Indicators. i) Is growth and development as envisioned in the Comprehensive Plan occurring faster or slower than anticipated, or is it failing to materialize? [Answer'yes'or'no' and describe why] PC Response: Yes, slower due to economic downturn ii) Has the capacity of the county to provide adequate services diminished or increased? (Answer'yes'or'no'and describe why) PC Response: NIA 'How 10 O r* Sgw0moNff Pl""'g Cmmlvlan 11 7-3011 MU1140150: SATUOCT tAwe ,t Pw 5 af8 iii) Is there sufficient urban land, as designated and zoned to meet projected demand and need? [Answer'yes' or'no' and describe why] PC Response: N/A iv) Are any of the assumptions upon which the plan is based no longer found to be valid? [Answer'yes'or'no'end describe why] PC Response: No it is in accord with current assumptions v) Are there changes in the county -wide attitudes? Do they necessitate amendments to the goals of the Comprehensive Plan and the basic values embodied within the Comprehensive Plan Vision Statement? [Answer'yes'or'no' and describe why] PC Response: _ No Me proposal is responsive to county -vide altitudes vi) Are there changes in circumstances which dictate a need for amendment to the Comprehensive Plan? [Answer'yes'or'no'and describe why] PC Response: N/A vii) Do inconsistencies exist between the Comprehensive Plan and the GMA or the Comprehensive Plan and the Counlywce Planning Policies for Jefferson County? [Answer yes' or'no' end describe why] PC Response: N/A HOW to Lowe s Ryxenamlw0mmwgcon,n.as0„ 1172012 M 11- 00150: SRTUMTen,uwM eni Page 6 oj8 d) The Record 1) In addition to the guidance provided by GMA, the County-Wide Planning Policies, the Jefferson County Code, and the Comprehensive Plan, what else is in the record with respect to this proposal? [Answer'yes' or'no' and describe why] PC Response: Letters and verbal testimony of Public comment: Staff Report and 2) Can assertions in the record be confirmed by information from other sources? [Answer yes' or'no' and describe why] PC Response: Yes refer to staff findings 1 -14 in Staff Report 3) Is the decision we are about to make based on the record? [Answer'yes' or 'no' and describe why] PC Response: Yes based on public hearing comments and the Staff Report 4) Does the decision we are about to make, as far as we know, satisfy legal criteria? [Answer'yes'or'no'and describe why] PC Response: 5) Is the decision we are about to make limited to the specific request at hand? ]Answer yes' or'no' and describe why] PC Response: 'How to Deo� SrWem Wf Planning Commmm 1172012 MG1400250: SRTOCCTWAmenO V Page 7 oJ8 Are there any additional findings of fact or conclusions of law pertinent to this decision? PC Response: Community input and discussion by the Planning Commission has reflected the economic value to the County by approving this amendment 3. Repeat motion and vote (one of the following): a. In favor —Yea In. Opposed — Nay c Abstain - I PC Action: Approve findings and conclusions for Mi-At 1 -2W (HUNFarmer) PC Action: Request staff to prepare a letter of recommendation to Board of County Commissioners and direct Planning Commission Chair to sign letter when ready. (Farmecluotherlon) on, to Planing commuxlon 11.7.2012 MUIlJg250: SRTUOCT tA,, imm Roy a^/e Regular Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Bound of County Commissioners HICCC) Philip Morley, County Administrator /gyp FROM: Wrl Smiti,D wrofCmmunity Developmente--�T Stacie Hoskins, Planning Manager Michelle McConnell, Associate PlamerToom Range Planning Lead DATE: Decembn 19,2012 SUBJECT: MLAI 6350 UDC Text Amendment - Minimum Acreage Requirement for Small -scale Recreation & Tourist Uses: Present Planning Agency Recommendation and Bequest Board Adopt Ordinance ATTACHED: 1) Staff Repair with proposed Unit; 2) Planning Agency Recommendation; 3) Draft Ordinance STATEMENTOFISSUE: The Depamm of CO unity DevelopmtM(DCD)haS nprocema gthe Van Beuzekom/Paradise Human School proposal to amend the text of the Unified Development Code. While On proposal was submitted by the owners of single property, the proposed amendments are not sire - specific and would apply programmatically to all properties within Jefferson County. 'fhe proposed amendment would waive the minimum acreage requirement for small -scale recreation and World uses when a historic/cultural feature is present (ICC 1820.350) and would revise the definition for `Hiswric site, surcease or lace m ms' (JCC 18.10.080) to reflect Washington Department of Archaeology & Historic Peservation standards. The proposed test is provided in bill former in Amenhment D ofthe Staff Report. The Board wok action on October 1, 2012 directing DCD in add this Project she departmental and Pluming Commission work plan. Staff conducted the review, prepared necessary documentation, and scoff supported $e Planning Commission's public hearing and deliberations of He proposal on November 9, 2012. Project documents including public comments w the Planning Cmnmission and //n ments review are available online at him ll M1 ' ff y d l tll Y20C k h pM/NIO T. ANALYSIS: The applicant submitted me proposal To allow them M provide classes, workshops, and pnformsaces in compliance with land use requirements. Both the Department and the Planning Commission have recommended approval of Me proposal as presented, providing the Brad with a unified Planning Agency recommendation. The Planning Agency supports Me amendment as one that will foster economic development by highlighting the many histonc and culture[ resources located in Jefferson County in keeping with the Comprehensive Plan and County wide Planning Policy. Regular Agenda ALTERNATIVES, TheBOC'C may accept the Planning Agency recommendation as presented and approve an Ordinance to adopt the proposal changes, may decide hold its own wmmm period and public hearing, or may deny the request. EISCALBNPACT /CO BENEFRANALYSIS, gulf work has been covered by the initial Zoning Consistency Review fee paid by the applicant, additional hourly service fees invoiced m the applimnth and by the General Fund portion of DCD'c Annual Budget Additional fiscal impacts are recoverable since my further staRtime a pdmh d w process the request shall be billed to the applicant. Approval of the amendments as proposed will help foster mml economic development in Jefferson County, pmentielly increasing tax -based revenue. RECOMMENBATIOP SmBrecommends the BoCC: 1) Aoupt the planning Agenry recommendation on MLAI I -250 for proposed mendments to the Unified Development Code at JCC 18.20 350 and JCC 18.10.080. 2) Approve the proposed amendments by passing the Ordinance presented. RF,VIEWED BY, Philip MOrlgyy unty dm nutraq Dame