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HomeMy WebLinkAboutZON2008-00036 UDC CONSISTENCY REVIEW Project Planner: Master#MLA08-00106 Review Type Project Description ZON08-00036 V Suggested Comp Plan/UDC Amendment Regarding Sawmills Primary: BILL MILLER Site Address: PLANNING COMMISSIONER WA, APL BILL MILLER PLANNING COMMISSIONER Project Location: Parcel Number: 000000260 S-T-R:-- Total Acreage: Legal Description UNDEFINED Land Use: 4590 Flood District: Fire District: Planning Area: Flood Map(FIRM)Panel No: District: Zoning: COMP PLAN DESIGNATION: COMMUNITY PLAN: UGA: MPR: WATER SUPPLY UTILITY: Service Area PUD: [ ] Plot plan states "property line" [ ] Assessor's Map(Property lines on submitted plot plan must match the property lines as identified on the Assessor's 1/4 map) [ ] Legal Access to Property YES NO [ ] Parcel Tags or Scanned Documents YES NO [ ] ESA's: Special Reports Nearby YESNO [ ] Designated Ag [ ] Shoreline Designation: YES NO [ ] Shoreline Slope Stability: YES NO Stream Type:YES NO Fish& Wildlife:YESNO Wetlands: YES NO Rare Plants:YES NO Seismic: YESNO Landslide: YESNO Flood: YESNO Erosion: YESNO Aquifer Recharge Area:YES NO SIPZ: none At Risk High Risk Coastal Stormwater site plan submitted: YesNo [ ] Forest Lands: YESNO Adjoining Forest Lands: Commercial/ Rural/ Inholding [ ] Stormwater:New Impervious Surface Land Disturbing Activity ESA's Stormwater Req's: Min Req#2 Min Req#1 thru#5 Min Req#1 thru#10 Engineering [ ] Notice Provisions/Disclosure: Airport YES NO MRL YES NO Forest Lands YES NO [ ] Landscaping Required: Yes No [ ] Parking Spaces Required NO 2 Other [ ] Building Height: 35' UBC Standard [ ] Impervious Surface coverage percentage: Resource Lands&Public: 10% Rural Residential: 25% Rural Industrial: Per UDC Sec 6.7 Rural Commercial: 60% Area of Building Coverage:60%in Rural Industrial Lands only [ ] Total Building(s) Size: RVC:20,000 SF CC:5,000 SF NC:7,500 SF GC: 10,000 SF All others:subject to septic&water constraints/None specified [ ] Setbacks: Front: Left Side: Right Side: Rear: Shoreline Setback: LSHA Setback: [ ] Road Classification: Road Approach:EXISTING NOT REQ'D RAP [ ] SEPA Required:YES EXEMPT [ ] Flood Certificate: [ ] Existing Case(s) & Condition(s): Violations: Yes No [ ] Recorded Date of Subdivision: AFN Over 5yrs=UDC Plat Conditions: <5yrs=Plat Conditions on plat or Old Ordinance Lots/Require Declaration of Restrictive Covenant YES NO, submitted: YES NO [ ] Site Visit conducted YESNO [ ] Require Final Zoning Approval YES NO [ ] ADMIN: Setbacks entered in Permit Plan case N/A YES New Parcel Tags entered in Permit Plan N/A YES Special Reports Scanned N/A YES No parcel tags found for parcel Associated CASES status issued finaled description 000000260 MLA07-00066 ZON07-00014 P Suggested Comp Plan Amendment-Side by side comparison between UDC and Comprehensive Plan. MLA07-00067 ZON07-00015 P Suggested Comprehensive Plan Amendment-"to propose a change to the comp plan necessary to improve the consistency of intergovernmental planning. MLA07-00102 ZON07-00027 P Suggested Comprehensive Plan Amendment-The proposed UDC amendment to JCC 18.20.240(1)would prohibit mining activities in the RR 1:5 zoning designation. MLA07-00104 ZON07-00025 P Suggested Comprehensive Plan Amendment-Execute the provisions of the Growth Management Act under RCW 36.70.A.367. This will provide additional employment opportunities for citizens. MLA07-00464 BLD07-00444 A 3/4/2008 Stormwater Management for the Railroad Connector portion of Segment 3 of the Larry Scott Memorial Trail. MLA08-00098 ZON08-00028 P SUGGESTED COMP PLAN/UDC AMENDMENT MLA08-00099 ZON08-00029 P SUGGESTED COMP PLAN/UDC AMENDMENT—THE PROPOSAL IS TO MOVE DENSITY CHANGES WITHIN A ZONE FROM THE COMP PLAN TO THE UDC,THIS WILL RESULT IN MORE PROMT DECISIONS AND RELIEVE THE STAFF AND PLANNING COMMISSION OF HAVING TO MEET THE ANNUAL COMP PLAN CYCLE. MLA08-00100 ZON08-00030 P SUGGESTED COMP PLAN/UDC AMENDMENT—THE PROPOSAL IS TO AMEND THE WORDING IN THE JCC FOR BUFFERS FOR MINING IN ORDER TO MAKE THEM COMPLETE AND EFFECTIVE. MLA08-00106 ZON08-00036 P Suggested Comp Plan/UDC Amendment Regarding Sawmills . "14-cQl� JEFFERSON COUNTY AITKI,,,_9111. q: ' DEPARTMENT OF COMMUNITY DEVELOPMENT 44 Aigles+ 621 Sheridan Street• Port Townsend -Washington 98368 360/379-4450 •360/379-4451 Fax http://www.co.jefferson.wa.us/commdevelopment Application for Suggested Comprehensive Plan / UDC Amendment MLA# 08-106 PROJECT/APPLICANT NAME: JEFFERSON COUNTY PLANNING COMMISSION Submittal Requirements 1. A completed Master Land Use Application. Representative authorization is required if application is not signed by applicant. N/A 2. Any additional information reasonably deemed necessary by the Administrator to evaluate the proposed amendment. N/A 3. Please prepare and label as"Exhibit A,"a description of the proposed Plan/UDC amendment and any associated development proposal(s) if applicable. Applications for projected-related amendments must include plans and information or studies accurately depicting existing and proposed uses and improvements. Applications for such amendments that do not specify proposed uses and potential impacts are assumed to have maximum impact to the environment and public facilities and services. See Exhibit A for review of UDC standards for siting sawmills in Jefferson County. Existing sawmills in Rural Residential Districts are currently non-conforming uses. This proposal would allow new sawmills to be sited in RR1:10 & RR1:20 as a Conditional Use in the zones through a Administrative approval process. Sawmills may have impacts in rural areas such as noise generation,traffic impacts, and concerns best management practices(BMPs)for sawmill activities. New lumber mills(portable and stationary)approved through a conditional Administrative process are required to meet the performance standards of JCC 18.20.230. These standards relate to hours of operation and compatibility with the zoning district. 4. Please provide an explanation of why the amendment is being proposed.(Attach additional sheets,if necessary.) Jefferson County is a rural county. Many rural residentially zoned properties are forested, but are not designated forest land of long term commercial significance. Some landowners may wish to engage in forest practices as well as associated activities like milling lumber. Other landowners may wish to have a home business or cottage industry by providing commercial sawmilling. These activities would generally be acceptable on parcels in the RR1:10 & RR1:20 zones. Currently the UDC only allows new lumber mills to be located in commercial and rural forest designations. Providing a permit process for approving sawmills in other zones would be consistent with living and working on your land without compromising rural character. 5. Please prepare and label as "Exhibit B," proposed amendatory language (i.e., to affected text of UDC) shown in "bill"format, with text to be added indicated with underlining (e.g., underlining), and text to be deleted indicated with strikeouts (e.g., strikeouts). 6. Please prepare and label as "Exhibit C," a thorough explanation of how the proposed amendment, meets, conflicts with, or relates to the following inquiries(NOTE: Simple"yes"or"no"responses are unacceptable.) a. Have the circumstances related to the proposed amendment and/or the area in which it is located substantially changed since the adoption of the Jefferson County Comprehensive Plan? b. Are the assumptions that form the basis for the Jefferson County Comprehensive Plan no longer valid, or has new information become available that was not considered during the process of adoption of the Jefferson County Comprehensive Plan or any subsequent amendment? c. Does the proposed amendment reflect current widely held values of the residents of Jefferson County? 7. The applicant hereby certifies that the statements contained in this application are true and provide an accurate representation of the proposed amendment; and the applicant(s) hereby acknowledges that any approval issued on this application may be revoked such sta ent is found to be false. R y BILL MILLE , NNING COMMISSIONER-DISTRICT#1 MARCH 5,2008 APPLICANTS IGNATURE DATE Mw05-66:2/1/05 Page 1 EXHIBIT A MLAO8-106 Suggestion: Change entries in Table 3-1 to be consistent with the text in JCC 18.15.095. Based on the idea that the text in the Jefferson County Code is, in fact, the intent of the code; the following recommendation is made. Correct the two entries in Table 3-1, on page 18-57, for lands designated Rural Residential 1:10 and 1:20 to: "C(a)". The designation "C(a)" provides for conditional uses; subject to criteria, public notice, written public comment and an administrative approval procedure but not a public hearing. See article VIII of chapter 18.40 JCC Current text in JCC Chapter 18.15.095: - Subparagraph (1) - "Applicability. Right to farm and forestry provisions apply to all resource and rural land use districts except rural residential 1:5. The provisions of this section are not to be construed to in any way modify, supersede or abridge state or county law relative to nuisances: rather, they are only to be used in the interpretation and enforcement of the provisions of this code.", - Subparagraph (3) - "Nuisance. The following shall not be considered a nuisance: agricultural and forestry activities, lumber mills (operating between 7:00 a.m. and 7:00 p.m.), and other facilities and appurtenances thereof, conducted or maintained for commercial agricultural or forestry purposes on land designated as rural residential 1:10 and 1:20, rural industrial, rural commercial, agricultural resource or forest resource." and - Subparagraph (4) (b) - "the required disclosure statement is as follows: Jefferson County has determined that the use of real property for agricultural and forestry operations is a high priority and favored use in the county. The county will not consider to be a nuisance those inconveniences or discomfort arising from such operations, if such operations are consistent with commonly accepted best management practices in compliance with local, state and federal laws. If your real property includes or is within five hundred (500) feet of real property designated as Rural Residential 1:10 or 1:20, Rural Industrial, Rural Commercial, Agricultural, or Forestry, you may be subject to inconveniencies or discomforts ... One or more of these inconveniences may occur as a result of agricultural and forestry operations which are in conformance with existing laws and regulations." Submitted 6 February 2008 William Miller • EXHIBIT B MLA08-106 Proposed Line-In/Line-Out UDC Amendment Language Note: See JCC 18.15.040 at page 18-57 for the Jefferson County Code Use Table requested to be changed. The table below is excerpted for this application only. Unnamed utility uses D D D D D D D D D D D DD D Agricultural and Forestry Uses Agricultural activities and See JCC 18.20.030 accessory uses Aquacultural uses and activities Yes No Yes Yes Yes No No No No No No No No No (outside of shoreline jurisdiction) Aquatic plant and animal See JCC No No No No No No No No No Yes Yes Yes Ye; processing and storage 18.20.030 Lumber mills and associated See JCC C(a) No Ne(Ca) Ne(Ca) No No No No Yes No No No Ye: forestry processing activities 18.20.030 and uses Nurseries Yes Yes C(d) CO) C(d) Yes No Yes Yes No No No No No Unnamed agricultural and D D D D D No No No No No No No No No forestry uses MLA05-66 Exh.B:2/1/05 Page 1 EXHIBIT C MLA08-106 Submittal Requirement #6 Please prepare and label as"Exhibit C,"a thorough explanation of how the proposed amendment, meets, conflicts with, or relates to the following inquiries. a. Have the circumstances related to the proposed amendment and/or the area in which it is located substantially changed since the adoption of the Jefferson County Comprehensive Plan? This amendment is sought to rectify an inconsistency within the development regulations. JCC 18.15.095 identifies the right to forestry provisions for land use districts except RR1:5. The use table currently prohibits sawmills in RR1:10 & RR1:20. This amendment would correct that inconsistency. b. Are the assumptions that form the basis for the Jefferson County Comprehensive Plan no longer valid, or has new information become available that was not considered during the process of adoption of the Jefferson County Comprehensive Plan or any subsequent amendment? The assumptions that formed the 1998 Jefferson County Comprehensive Plan are still valid, no additional information has become available. Chapter Four of the Comprehensive Plan titled " Natural Resources" provides goals and policies such as: • NRG 2.0 - Encourage resource-based economic activities which are compatible with environmental quality and policies • NRP 1.5 - Support resource-based economic activities that comply with applicable federal, state, and local regulations. • NRP 1.8 - Locate natural resource based economic activities throughout rural areas in close proximity to designated agricultural, forest or mineral resource lands upon which they are dependent. • NRG 5.0 - Encourage the continuation of forestry on lands that are not designated as commercial forest resource lands. These goals and policies support forest related activities such as sawmilling on larger parcels in rural residential zones. c. Does the proposed amendment reflect current widely held values of the residents of Jefferson County? Yes, Jefferson County is a rural county with rural activities of logging, forest operations, and activities such as sawmilling. Jefferson County has forested areas across many zoning districts. Forest practices are allowed in all zoning districts subject to the Department of Natural Resources laws governing forest practices and a Jefferson County Stormwater permit. A forested parcel that converts to a subsequent use of residential or agricultural requires a Class IV Forest Practice permit, this is called a conversion. This Forest Practice requires a SEPA review. A forested parcel that is logged and replanted is covered through a Class III Forest Practice permit, however, the area logged and replanted is subject to a six-year moratorium on subsequent land use permit approvals. [END] MLA05-66 Exh.C:2/1/05 Page 1 oesoxv mac, JEFFERSON COUNTY I DEPARTMENT OF COMMUNITY DEVELOPMENT 4 621 Sheridan Street• Port Townsend •Washington 98368 N 360/379-4450 . 360/379-4451 Fax www.co.jefferson.wa.us/commdevelopment Staff Report and Recommendation on Suggested UDC Amendment MLA08-00106 To: Jefferson County Planning Commission, and Interested Parties Fr: Ryan Hunter, Assistant Planner Stacie Hoskins, Planning Manager Date: November 5, 2008 Re: DCD report and recommendation on suggested UDC amendment MLA08-00106 Background On March 5, 2008, Mr. Bill Miller submitted a suggested UDC amendment application requesting a change in the UDC to allow sawmills on rural residential 1 unit per 10 acres (RR1:10) and 1 unit per 20 acres (RR1:20) land use districts so as to be consistent with JCC 18.15.095. Specifically, Mr. Miller proposed to amend JCC 18.15.040 Table 3-1 on page 18-57 of the Jefferson County Code so that"lumber mills and associated forestry processing activities and uses" are permitted as conditional use subject to administrative approval procedure (C(a)). Staff findings: 1) On May 21, 2008, Department of Community Development Long Range Planning staff gave a presentation to the Planning Commission on policies and regulations relevant to MLA08-00106. 2) The Jefferson County Comprehensive Plan calls on the County to foster traditional rural lifestyles, widespread rural and sustainable natural resource based economies, and opportunities to both live and work in rural areas (see LNG 18.0; NRP 1.5; NRP 1.8; EDP 6.2) 3) The Jefferson County Comprehensive Plan indicates that the RR1:20 land use district includes private timberlands and that the County should encourage the continuation of forestry on lands which are not designated as commercial forest resource lands (see Table 3-2; LNP 3.3; NRG 5.0) 4) Jefferson County Code 18.15.095 provides the right to farm and forestry on all resource and rural land use districts except rural residential 1 unit. per 5 acres (RR1:5) and states that lumber mills and other facilities conducted for commercial forestry purposes on RR1:10 and RR1:20 land use districts shall not be considered a nuisance. 5) Jefferson County Code 18.20.230 identifies performance standards for all lumber mills in that they shall operate between 7am-7pm and shall not unreasonably impact adjoining property. 6) Jefferson County Code 18.40.530 and 18.40.540 provide the approval criteria and additional conditions that lumber mills would be subject to under the conditional use subject to administrative approval procedure. 7) RCW 36.70A.070(5)(d) restricts areas of more intensive rural development to those in existence on July 1, 1990. Page 1 8) The Jefferson County Comprehensive Plan states that home-based businesses, cottage industries, and resource based uses are permitted to provide economic and employment opportunities (see LNG 6.0 & 22.0; LNP 6.2, &22.1). 9) The Jefferson County Code defines a cottage industry as "a commercial or manufacturing activity conducted in whole or in part in either the resident's single-family dwelling unit or in an accessory building, but is of a scale larger than a home occupation or home business. A cottage industry is a limited, small-scale commercial or industrial activity, including fabrication, with limited retail sales, that can be conducted without substantial adverse impact on the residential character in the vicinity." 10)Jefferson County Code 18.15.040 permits cottage industry on all rural residential land use districts as a discretionary conditional use (C(d)). 11)Jefferson County Code 18.20.170 describes the standards and regulations that apply to cottage industries and provides a list of examples of uses allowable as cottage industries. Department of Community Development Recommendation Based upon the above findings, DCD staff recommends approval of MLA08-00106'with modification. The applicant requests amendment of JCC 18.15.040 at page 18-57 to allow lumber mills and associated forestry activities and uses on rural residential 1:10 and 1:20 land use districts. Under this proposal, use of a lumber mill would be subject to the limitations contained in the conditional use approval criteria of JCC 18.40.530 and additional conditions of JCC 18.40.540. However, the intent of the proposed amendment is to allow sawmills on rural residential land use districts. The purpose of the rural residential land use districts, first and foremost, is to ensure an adequate supply of rural residential land for the projected 20 year rural residential population growth. No provisions in the Jefferson County Code would specifically prohibit the commercial use of lumber mills as the primary use on rural residential land use districts under the proposed amendment. Use of lumber mills as the primary use on rural residential land use districts would violate RCW 36.70A.070(5)(d)which limits areas of more intensive rural development to those in existence on July 1, 1990. DCD staff therefore recommends a modification to the proposed amendment to ensure that residential use remains the primary use in the rural residential land use districts. Allowing small scale sawmill operations as a cottage industry, which is permitted as a discretionary conditional use in rural residential land use districts, will achieve the intent of the suggested amendment while also ensuring that the sawmill operation remains subordinate to the primary residential use. Consequently, staff recommends that JCC 18.20.170(2) be amended to include "(o) Small scale portable sawmill" as part of the listed examples of uses allowable as cottage industries. 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 found at JCC 18.45.050(4)(b) and JCC 18.45.080(1)(b) & (1)(c). 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. Attachments: • Relevant Jefferson County Comprehensive Plan Goals and Policies • Jefferson County Code: Sections 18.15.095 and 18.20.230 • Proposed line-in/line-out revision of JCC 18.20.170(2) • Minutes from Planning Commission meeting on May 21, 2008 Page 2 DCD Staff Recommendation for MLA08-00106 Relevant Sections of the Jefferson County Comprehensive Plan Chapter 3: Land Use& Rural Element RURAL RESIDENTIAL LAND USE LNP 3.3.3 A rural residential land use designation of one dwelling unit per 20 acres (RR 1:20) shall be assigned to those areas throughout the County with: a. an established pattern of the same or similar sized parcels (i.e., 20 acres)or larger; b. parcels along the coastal area of similar size; c. areas serving as a "transition" to Urban Growth Areas or the Port Ludlow Master Planned Resort; d. critical land area parcels; e. agriculture resource designated parcels; f. publicly owned forest lands; and g. lands adjacent to forest resource land. HOME-BASED BUSINESSES AND COTTAGE INDUSTRIES LNG 6.0 Foster home-based businesses or cottage industries in order to provide economic and employment opportunities outside of Rural Village Centers. LNP 6.2 Permit cottage industries conducted by the owner or lessee of the property, who shall reside within the dwelling unit, as an accessory use within a single family dwelling or building accessory to a dwelling and which are accessory to the residential use of the property throughout the unincorporated portions of the County, subject to conditional use permit review procedures. RURAL CHARACTER LNG 18.0 Preserve rural character and promote rural lifestyle.. Rural character is defined by local rural lifestyle, opportunity to live and work in rural areas, local rural visual landscapes, resource productivity, environmental quality, and significant areas of open space. LNG 22.0 Foster sustainable natural resource-based industry in rural areas through the conservation of forest lands, agricultural lands, mineral lands, and aquaculture lands in order to provide economic and employment opportunities that are consistent with rural character. LNP 22.1 The County has identified resource lands as an integral part of rural character. Resource-based uses that are compatible with the conservation and sustainable use of the county's resources shall be permitted. Chapter 4: Natural Resources Element NATURAL RESOURCE LANDS NRP 1.5 Support resource-based economic activities that comply with applicable federal, state, and local regulations. NRP 1.8 Locate natural resource-based economic activities throughout rural areas in close proximity to designated agricultural, forest or mineral resource lands upon which they are dependent. FOREST LANDS NRG 5.0 Encourage the continuation of forestry on lands which are not designated as commercial forest resource lands. Chapter 7: Economic Development Element EDP 6.2 Encourage the establishment of new sustainable natural resource-based activities in rural areas to increase employment opportunities. Natural resource-based activities shall be located near the agriculture, mineral, aquaculture or forest resource upon which they are dependent. DCD Staff Recommendation for MLAO8-00106 Relevant Sections from the Jefferson County Code 18.15.095 Right to farm and forestry provisions. (1) Applicability.Right to farm and forestry provisions apply to all resource and rural land use districts except rural residential 1:5.The provisions of this section are not to be construed to in any way modify, supersede or abridge state or county law relative to nuisances;rather,they are only to be used in the interpretation and enforcement of the provisions of this code. (2) Purpose.To provide the residents of the county proper notification of the county's recognition and support of fanning and forestry activities. (3) Nuisance.The following shall not be considered a nuisance:agricultural and forestry activities, lumber mills(operating between 7:00 a.m.and 7:00 p.m.),and other facilities,or appurtenances thereof, conducted or maintained for commercial agricultural or forestry purposes on land designated as rural residential 1:10 and 1:20,rural industrial,rural commercial,agricultural resource,or forest resource. (4) Disclosure.The disclosure statement in subsection(4)(b)of this section shall be used under the following circumstances and in the following manner: (a) Approval of any land division,land use,building,or development of any lands within 500 feet of lands which are designated as agricultural resource,forest resource,or mineral resource shall include a condition of approval affixed to the land use or project permit approval issued by Jefferson County.This condition is intended to disclose to applicants their proximity to resource lands and potential discomforts which are associated with resource land activities. (b) The required disclosure statement is as follows: Jefferson County has determined that the use of real property for agricultural and forestry operations is a high priority and favored use in the county. The county will not consider to be a nuisance those inconveniences or discomforts arising from such operations, if such operations are consistent with commonly accepted best management practices in compliance with local, state, and federal laws. If your real property includes or is within five hundred (500)feet of real property designated as Rural Residential 1:10 or 1:20, Rural Industrial, Rural Commercial, Agriculture, or Forestry, you may be subject to inconveniences or discomforts arising from such farming and forestry operations, including but not limited to noise, tree removal, odors, flies, fumes, dust, smoke, the operation of farm and forestry machinery during any 24-hour period, the storage and disposal of manure, and the application of permitted fertilizers and permitted pesticides. One or more of these inconveniences may occur as a result of agricultural and forestry operations which are in conformance with existing laws and regulations. [Ord. 8-06§ 1] 18.20.170 Cottage industry. (1) Purpose.To provide for small-scale economic development activities on residential parcels, subordinate to the primary residential use, if the administrator fmds that such activities can be conducted without substantial adverse impact on the residential environment and rural character in the vicinity. The scale and intensity of cottage industries are typically greater than could be accommodated as a home business,but less than would require a land use district designation of commercial or industrial. (2) The following list of uses allowable as cottage industries include,but are not necessarily limited to: (a) Sales of antiques and collectibles; (b) Art or photography studios; (c) Computer software development; (d) Handicrafts; (e) Ironworking or blacksmith shop; (f) Construction office; (g) Furniture repair or refmishing; (h) Pottery shop; (i) Real estate sales office; (j) Small equipment repair; (k) Woodworking shop; (1) Excavating contractors; (m) Small engine and boat repair;and (n) Auto and truck repair and service(excludes auto and truck sales,fuel stations and heavy equipment repair). (3) The following occupations are prohibited as cottage industries,except in the West End Planning Area —Remote Rural(WEPA RR)overlay district(Article VI-L of Chapter 18.15 JCC)and when located on parcels with direct access to a principal arterial(i.e.,Highway 101)in the Brinnon Planning Area—Remote Rural (BRPA RR)overlay district: (a) Heavy equipment repair shop; (b) Autobody work or paint shop;and (c) Large-scale furniture stripping. (4) All cottage industries shall be subject to the following standards,except as provided for in the West End Planning Area and Brinnon Planning Area—Remote Rural overlay districts as specified in Article VI-L of Chapter 18.15 JCC,Remote Rural Overlay Districts for the West End Planning Area and the Brinnon Planning Area. (a) The cottage industry shall be operated by at least one full-time,bona fide resident in a single- family residence of the parcel on which the proposed use is being requested. (b) The cottage industry may not employ more than four employees on the site who reside off the subject property. Auto and truck repair shall only employ two persons on the site who reside off the subject property. (c) Only those buildings or areas as specifically approved by the county may be utilized in the conduct of business. (d) Any business requiring customers to visit the site shall provide adequate on-site parking spaces,in addition to one for each full-time equivalent employee who resides off the subject property,and two for the owners of the property.All parking spaces shall meet the standards of JCC 18.30.100. (e) All structures and outside activities shall be so located or screened from adjacent properties to avoid disturbances through glare,noise,dirt or other nuisances or hazards. (f) All activity related to the conduct of the business or industry,except for activities related to the growing and storing of plants,shall be conducted within an enclosed structure or be sufficiently screened from view of adjacent residences. (g) All cottage industry activities shall be sufficiently screened from view of adjacent residences, using site location,topography,landscaping, fencing,the retention of native vegetation,or a combination thereof necessary to meet the Type A screening requirements of JCC 18.30.130. (h) Traffic generated by the cottage industry shall not exceed the level of service adopted for the public roadway which accesses the use,nor generate significant traffic in excess of that normally generated by typical uses found within the particular district. (i) No business may provide drive-through service. (j) Cottage industries shall be limited in their hours of operation.No business on-site customer service shall be conducted before 8:00 a.m.or after 8:00 p.m.,Monday through Friday,and before 9:00 a.m.or after 6:00 p.m., Saturday and Sunday. (k) The administrator may attach additional conditions or requirements,or may make modifications to the site plan where necessary to protect the health,safety and welfare of the public. (1) The granting of the proposed cottage industry use shall not constitute a rezone.No expansions of approved cottage industries are permitted,except as specified in Article VI-L of Chapter 18.15 JCC, Remote Rural Overlay Districts for the West End Planning Area and the Brinnon Planning Area, concerning the rural remote overlay districts. (m) No exterior display of goods for sale shall be allowed. (n) The cottage enterprise is an accessory use to the residential use of a dwelling unit,and the residential function of the buildings and property shall be maintained. (o) Any new structure constructed to accommodate the cottage industry shall be limited in scale so that it is in character with neighboring properties.In no case shall more than 5,000 square feet of total building area on the property be devoted to the cottage industry. (p) No more than one sign is allowed,consistent with the sign standards in JCC 18.30.150. (q) No on-site direct retail sales of products not produced on-site are allowed,except for items collected,traded and occasionally sold by hobbyists,such as coins,stamps and antiques,and their accessories. (r) Minimum parcel size shall be one acre gross site area. (s) No use shall be made of equipment or material which produces unreasonable vibration,noise,dust, smoke,odor,or electrical interference to the detriment of the quiet use and enjoyment of adjoining and surrounding property.Any after-hours business activities shall not have noise impacts discernible beyond the property boundaries. (t) Not more than one cottage industry shall be allowed in or on the same premises. (u) The proposed cottage industry shall comply with the standards and requirements of the Jefferson County environmental health department. (5) Auto repair and service proposals are subject to the following additional requirements: (a) The proposal shall submit a detailed operating plan in compliance with the latest addition of the Washington State Department of Ecology's Guide for Automotive Repair Shops identified as Publication No.92-BR-16. (b) The proposal shall include an operating plan which complies with the Department of Ecology's SMM.The submittal shall include a stormwater management plan in compliance with Chapter 18.30 JCC and include supplemental information which addresses and complies with Volume IV-2.1 and 2.2 of the SMM. (c) The operation shall be limited to two stalls or bays for repair and servicing. (d) The cottage industry shall not store more than three vehicles at any one time awaiting or departing for or from servicing or repair.This excludes the vehicles being actively serviced in the facility. (e) A 50-foot buffer shall be maintained from the structure housing the auto repair and service to all adjacent property lines. [Ord. 8-06 § 1] 18.20.230 Lumber mills(portable and stationary). (1) The hours of operation of all lumber mills—new,existing,or portable—are limited to 7:00 a.m.to 7:00 p.m. (2) No use shall be made of equipment or material which produces unreasonable vibration,noise,dust,smoke, odor,electrical interference to the detriment of adjoining property. [Ord. 8-06 § 1] 18.40.530 Approval criteria for all conditional uses. (1) The county may approve or approve with modifications an application for a conditional use permit (i.e.,uses listed in Table 3-1 in JCC 18.15.040 as"C(a)," "C(d)"or"C")if all of the following criteria are satisfied: (a) The conditional use is harmonious and appropriate in design,character and appearance with the existing or intended character and quality of development in the vicinity of the subject property and with the physical characteristics of the subject property; (b) The conditional use will be served by adequate infrastructure including roads,fire protection, water,wastewater disposal, and stormwater.control; (c) The conditional use will not be materially detrimental to uses or property in the vicinity of the subject parcel; (d) The conditional use will not introduce noise, smoke,dust, fumes,vibrations,odors,or other conditions or which unreasonably impact existing uses in the vicinity of the subject parcel; (e) The location,size,and height of buildings,structures,walls and fences,and screening vegetation for the conditional use will not unreasonably interfere with allowable development or use of neighboring properties; • (f) The pedestrian and vehicular traffic associated with the conditional use will not be hazardous to existing and anticipated traffic in the vicinity of the subject parcel; (g) The conditional use complies with all other applicable criteria and standards of this code and any other applicable local,state or federal law;and more specifically,conforms to the standards contained in Chapters 18.20 and 18.30 JCC; (h) The proposed conditional use will not result in the siting of an incompatible use adjacent to an airport or airfield; (i) The conditional use will not cause significant adverse impacts on the human or natural environments that cannot be mitigated through conditions of approval; (j) The conditional use has merit and value for the community as a whole; (k) The conditional use is consistent with all relevant goals and policies of the Jefferson County Comprehensive Plan;and (1) The public interest suffers no substantial detrimental effect.Consideration shall be given to the cumulative effect of similar actions in the area. (2) In instances where all of the above fmdings cannot be made,the application shall be denied. (3) The administrator may consider applications for modifications of lawfully established conditional uses and developments approved under this code and conditional uses in existence on December 18,2000, when the application proposes to bring the existing use substantially closer to compliance with the standards of this code.The administrator may approve,conditionally approve,or deny the modification application.A site plan conforming to the provisions of this chapter and Article II,Project Permit Applications(Type I—IV),of this chapter shall accompany the application showing the location,size and type of modification proposed by the applicant. (4) Modifications may be approved by the administrator under Type I review procedures;provided,that the cumulative modifications of the approved use will not exceed the following limitations: (a) The modification will not increase residential use by more than one unit,if allowed by the land use district; (b) The modification will not increase the required amount of parking by more than 20 percent or 20 spaces(whichever is less); (c) The proposed modification will not expand the total square footage of all structures and/or outdoor use areas,excluding parking,by more than 20 percent. In addition,the proposed expansion of the structure shall not result in total size of the structure exceeding the maximum building size limits in Chapter 18.30 JCC; (d) The modification will not change or modify any special condition imposed under any previous official review; (e) The modification will not significantly reduce the amount or location of required site screening; (1) The modification will not expand an existing nonconforming use or structure,or render a conforming use or structure nonconforming; (g) The modification will not establish a new use; (h) The modification will not expand a mining/site operation,mineral processing or mineral batching activity; (i) In the determination of the administrator,the modification will not create or materially increase any adverse impacts or undesirable effects of the project,or cause the use or structure to become inconsistent with the Comprehensive Plan or the purpose of the land use class and district. (5) All proposed uses,structures and site improvements(and modifications thereof)shall comply with the development standards of this code. (6) Any proposed modification that does not meet all the requirements of this subsection shall not be approved through this process,but shall be reviewed through the current review procedures as outlined by this chapter. (7) Decisions to administratively approve modifications shall be administered through a consistency review of development permits in accordance with this code and any previous conditions of approval. [Ord. 8- 06 § 1] 18.40.540 Additional conditions. The county may impose additional conditions on a particular use if it is deemed necessary for the protection of the surrounding properties,the neighborhood,or the general welfare of the public.The conditions may: (1) Increase requirements in the standards,criteria or policies established by this code; (2) Stipulate an exact location for the conditional use on the subject property as a means of minimizing hazards to life,limb,property damage,erosion,landslides or traffic; (3) Require structural features or equipment as a means of minimizing hazards to life,limb,property damage,erosion,landslides or traffic;or (4) Contain restrictions or provisions deemed necessary to establish parity with uses permitted in the same zone with respect to avoiding nuisance generating features in matters of noise,odors,air pollution, wastes,vibration,traffic and physical hazards. [Ord. 8-06§ 1] DCD Staff Recommendation for MLA08-00106 Proposed Line-in/Line-out changes to the Jefferson County Code 11/05/08 18.20.170 Cottage industry. (1) Purpose.To provide for small-scale economic development activities on residential parcels, subordinate to the primary residential use,if the administrator fmds that such activities can be conducted without substantial adverse impact on the residential environment and rural character in the vicinity.The scale and intensity of cottage industries are typically greater than could be accommodated as a home business,but less than would require a land use district designation of commercial or industrial. (2) The following list of uses allowable as cottage industries include,but are not necessarily limited to: (a) Sales of antiques and collectibles; (b) Art or photography studios; (c) Computer software development; (d) Handicrafts; (e) Ironworking or blacksmith shop; (f) Construction office; (g) Furniture repair or refinishing; (h) Pottery shop; (i) Real estate sales office; (j) Small equipment repair; (k) Woodworking shop; (1) Excavating contractors; (m) Small engine and boat repair;and (n) Auto and truck repair and service(excludes auto and truck sales,fuel stations and heavy equipment repair). (o) Small scale portable sawmill e,00x � • 14'411401° JEFFERSON COUNTY PLANNING COMMISSION 621 Sheridan Street Port Townsend, WA 98368 (360)379-4450 Minutes for Wednesday,May 21,2008 . A. Opening Business B. . Workshop on UDC Amendments C. Bylaws D. PC Committee Strategies E. Adjournment • I PC Minutes 5/21/08 Page 1 11 1 11 I I A. Opening Business: The meeting was called to order at the WSU Learning Center at 6:30 p.m.by Chair Peter Downey. Planning Commission members present were Peter Downey,Bill Miller,Tom Brotherton,Barbara Nightingale,Patricia Farmer,Tom Giske and Ashley Bullitt and Mile Whittaker. Commissioner Werch was excused The DCD staff present were Al Scalf,DCD Director,Joel Peterson and Ryan Hunter,Assistant Planners. Members of the public who signed the guest list were Jim Jackson and Robert Jackson. The minutes for March 19,2008 and April 9,2008 were approved as submitted. Staff Updates: - Al Scalf discussed meeting with the stakeholders on the Mystery Bay shellfi closure and general discussion followed with the link between permits for buoys,boat waste and closures,and that DOH is considering downgrading shellfish areas and will have a public hearing to look at enforcement action with HNR and that Marrowstone has been present in the past talking about a buoy moratorium. • Al Scalf commented on the FCAAP grant and the press release on this.The County will receive 100k from DOE and the match from the County would be 34k. Al Scalf commented the jointly-appointed Climate Action Committee will hold its first meeting on May 28 at 3:30 p.m.in the Pope Marine Building on Water Street in Port Townsend. Agenda • items include introductions,election of officers,discussion of calendar and timelines,and presentation of the initial baseline carbon emissions inventory for Jefferson County. Al Scalf updated that DCD staff and consultant team ESA Adolfson have been hard at work since the start of 2008 revising draft shoreline policies, regulations and environment designation maps to reflect committee input and staff review. A revised Committee Working Draft Shoreline Master Program will be released back to the STAC & SPAC and to the public by May 23. The PC will be provided hard copies as requested. Those will be ready for pick-up starting May 23 or will be distributed as part of the PC meeting packet for June 4. Supplemental technical documents including the Final Shoreline Inventory& Characterization Report and the Shoreline Restoration Plan are also undergoing revision and anticipated to be released in mid-June. Michelle McConnell is anticipated to present an SMP Project briefing to PC at the June 18 PC meeting. Final committee feedback and informal public comment will be accepted until July 11 on these three documents. Another push of public outreach and involvement is being planned for June&July to inform shoreline property owners and other interested parties about existing shoreline conditions,state guidelines as well as the proposed buffer,development standard and permit process changes in the updated SMP. Both advisory committees(STAC&SPAC) assisting staff and consultants will meet at least once more this summer. A joint PC &BoCC workshop is anticipated for mid-August to prepare both groups with background information for the formal review process. In September, a Preliminary Draft SMP will be submitted to Planning Commission to begin the formal public review process. PC Minutes 5/21/08 Page 2 • The PC is anticipated to provide their recommendation to the Board of County Commissioners by mid-February 2009. The BoCC will then review the Draft SMP and take action to locally approve the document for submittal to the Washington Department of Ecology,due by June 30, 2009. After Ecology review and approval the new SMP will be adopted by County ordinance and go into effect. Also,a new section of the project webpage has been created to post all news releases and public notices to help further educate the public about this multi year project. Joel Peterson updated on the Port Ludlow Drainage District and that the Administrator,staff and applicants are continuing to finalize administrative policy. Once the policy is completed and signed,it is anticipated that the UDC Amendment application on drainage revisions will be formally withdrawn. Staff will advise the PC when this takes-place. Joel Peterson updated that the BoCC Agenda 1� g Request on Signs is scheduled at 10:30 a.m.on May 27 for staff presentation of Planning Agency recommendations. Since Planning Agency recommendations differ,staff will request the BoCC to schedule a public hearing. If so,the BoCC public hearing is anticipated to be scheduled for June 16. Al Scalf reported on WUCC who met on May 8 in Chimacum: Toni Loranger and Ann Wessel from DOE were present to discuss the in stream flow rule. The Pleasant Tides,City of Port Townsend and Quimper Water Service Area expansions were each unanimously approved by the voting membership. Other items were fire hydrant maintenance;drought contingency planning; municipal water law;and a discussion about the progress of the public water system on Marrowstone Island. • Joel Peterson commented that WEC has dismissed the past Critical Areas Ordinance issues of the Second Settlement Agreement,but still has the ability to appeal the current code.The Appeal deadline is May 27th. He stated a group called"Citizens Protecting Critical Areas"represented by Gerald Steel has appealed the CAO with two issues a)public participation and b)lack of protection of critical areas because of lack of enforcement and monitoring. Joel Peterson stated that paperwork has been submitted to the BoCC to request a public hearing on June 9th for a discussion of what shall be on the 2008 CPA final docket. Joel Peterson commented on the Industrial Land Bank and that DCD is negotiating a supplemental contract agreement with Eric Hovee and Associates. Staff will be picking up some of the tasks from the original scope of work. Joel Peterson commented that the UGA Interim Ordinance expires July 17. The moratorium will be reinstated some time in June-July. Committee Reports: Commissioner Miller brought up the UGA issue. Joel Peterson provided a power point presentation on the Irondale/Port Hadlock Urban Growth Area and copies were in the PC packets. It described an update on the WWGMHB February 8,Final Decision and Order in which some issues are resolved and some are to be resolved by July 2008 and also by April 2009. The February 8 Final Decision and Order asked: does the UGA Policy 1.6 comply with GMA- zoning not required to implement new commercial al land use designation:removal of PUD Water System Plan causes the County to fail requirements of RCW 36.70a.070(3)(a),and(c):and correct planning horizon dates in the Comprehensive Plan. Mr.Peterson went over each Final PC Minutes 5/21/08 Page 3 . lit ; • Decision and Order separately during his power point presentation. Discussion ensued of past legal challenges on the UGA and past missteps and do we want to look at water systems plans. There was discussion to schedule a UGA committee meeting with Commissioner Miller, Whittaker and Brotherton with Joel Peterson as staff. Commissioner Brotherton stated he would • 1 not be in town next week. The meeting will be coordinated with staff as soon as possible. Commissioner Nightingale commented on WRIA 17 meeting.g. Discussion about ten sub basins including Chimacum Creek and the concern about impacts of the UGA and a need of a ground water study and the 303(d)list including Admiralty Inlet and Port Townsend Bay. Port Townsend Bay made the list,specifically at the military facility and how to get the Navy to solve the problem. Possibility of speaking with the BoCC and Navy Commander and need to find out .1 what the cause is first. Commissioner Nightingale gave the background on HAPN,the plan,Senate letters and the emergency declaration. Ginger Segel of Community Frameworks,a Spokane base affordable ` housing non-profit,spoke at HAPN and outlined the process for developing low income housing. • Commissioner Brotherton handed out several spreadsheets on studies related to Adult Business and also handed out a draft example letter on a secondary effects study of Adult Oriented Businesses,Jefferson County,prepared by the Jefferson County Planning Commission(draft only). Chair Downey commented on the Puget Sound Partnership and that he has attended one meeting. Public Comment: • No public comment received. ; ; :11 B. Workshop on UDC Amendments: i Ryan Hunter provided a power point presentation regarding MLAO8-100:Mike Whittaker- I II Require a 200 ft.buffer around the perimeter of MRLOs and also MLA07-102:Hood Canal Coalition/M.Gendler—Prohibit mining related activity on RR 1:5 outside of MRLOs and copies were in the PC packets. He went over the definitions of"mineral extraction",mineral ' and"o"operations"and the GMA key Mining i processing" p y points and the Surface Minin Act. .f Joel Peterson provided a power point presentation regarding MLA08-93:Iron Mountain Quarry MRLO. He went over the JCC interpretation of Diminishing Assets Doctrine,Comp Plan key points and JCC Title 18 key points. Ryan Hunter provided a power point presentation on MLA08-106:Bill Miller—Allow sawmills as a conditional use(C(a)in RR 1:20 and RR 1:10. He went over the JCC and key points and JCC Title 18 key points. It was stated that public hearings will be scheduled for the Comp Plan/UDC Amendments in the near future. There were questions and discussion regarding metal mining,the Diminishing Assets Doctrine and the difference between sawmills and lumber mills. • PC Minutes 5/21/08 Page 4 .• ' I C. Bylaws: Not discussed. D. PC Committee Strategies: _ Not discussed. Discussion regarding the ILB and Commissioner Brotherton will attend the ILB meetings in the future. Commissioner Whittaker was concerned about PC travel costs and mileage for sub-committee meetings(outside of regular meetings)and talked about a request for compensation and asked staff for a copy of the PC budget for 2008. Commissioner Whittaker commented that a meeting will be held on May 27 at Quilcene High School to discuss a proposed expansion of the Dabob Bay natural area preserve but DNR is proposing expansion of existing preserve. Possible agenda topics for June 6 meeting are Bylaws,Strategy of committees and UGA discussion. . Roseann.Carroll,DCD Office Coordinator talked about the recording system for the PC minutes. Adjournment: The meeting was adjourned at 9:30 p.m. Approval of Minutes: These minutes were approved this f g day of June,2008. / Peter Downey,Ch.• �I'e Orr,Secretary • » l r C 4.41,4 C e I S�J^/ t. C•j� 915 's ryc ret[xc,•,e e5 . I ; . fl c ' .,t