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Home My WebLink AboutPC Agenda 04-01-2015 REVISED621 Sheridan St. Port Townsend WA 98368 P: 360-379-4450 F: 360-379-4451 plancomm@co.jefferson.wa.us Jefferson County Planning Commission MEETING AGENDA Tri-Area Community Center April 1, 2015 6:30 pm OPENING BUSINESS Call to Order Roll Call Approval of Agenda Approval of 03/04 Minutes Staff Updates Commissioner Announcements 6:45 pm DISCUSSION Topic Speakers Proposed Agricultural/Recreational Marijuana Regulations Carl Smith, DCD Director Colleen Zmolek, DCD Associate Planner 8:00 pm OBSERVER COMMENT When the Chair recognizes you to speak, please begin by stating your name and address. Please be aware that the observer comment period is: •An optional time period dedicated to listening to the public, not a question and answer session. The Planning Commission is not required to provide response; •Offered at the Chair’s discretion when there’s time; •Not a public hearing – comments made during this time will not be part of any hearing record; •May be structured with a three-minute per person time limit. 8:25 pm CLOSING BUSINESS Follow-up action items Proposed 05/06 public hearing at 6:30 pm at the Tri-Area Community Center Regarding Proposed Agricultural/Recreational Marijuana Regulations 8:30 pm ADJOURNMENT REVISION TO AGENDA MATERIALS: Draft 03/04 Meeting Minutes, Agricultural Structure Sizes, Proposed (Line in/Line out) Changes to 18.20.030 621 Sheridan St. Port Townsend WA 98368 P: 360-379-4450 F: 360-379-4451 plancomm@co.jefferson.wa.us Jefferson County Planning Commission MEETING MINUTES Tri-Area Community Center March 4, 2015 Call to Order at 6:30 pm ROLL CALL District 1 District 2 District 3 Staff Present Coker: U-Absence Smith: Present Brotherton: E-Absence Carl Smith, DCD Director Felder: Present Farmer: Present Giske: Present Colleen Zmolek, DCD Associate Planner Koan: Present Sircely: Present Hull: Present Elizabeth Williams, DCD Administrative Clerk Guest Speakers: David Sullivan, BOCC Chairman Public in Attendance: 5 Approval of Agenda: Richard Hull approved the agenda. Approval of Minutes: Richard Hull moved to approve the 02/04/2015 meeting minutes. 7 approved. 0 opposed. 0 abstained. STAFF UPDATES Comprehensive Plan Update Carl Smith, DCD director: Reminder that the staff will be bringing the Comprehensive Plan for review soon. The subject of Critical Areas has not been discussed in some time. Tom Giske: Would like to discuss shoreline in conjunction with critical areas. COMMISSIONER ANNOUNCEMENTSNone DISCUSSION Proposed Agricultural/Recreational Marijuana Regulations David Sullivan: Jefferson County supports agriculture. In 2003-2004 an agricultural ordinance received BOCC chairman Governor’s Smart Growth Award. In 2006, we reviewed the Unified Development Code to determine whether it was consistent with the 2004 Comprehensive Plan update. The 2006 UDC adopted was not appealed. In fall 2013, the BOCC asked the Department of Community Development to review how our current code would address issues in associated with recreational marijuana. At the time, we felt the Jefferson County Code addressed impacts well. The County currently have a limited moratorium which expires June 11, 2015. We have an agricultural issue, not a marijuana issue. An impact from one use is the same as another use. Marijuana is a legal activity in our state. Tom Giske: How many applications are waiting on our decision? Is it possible to have processing without growing? Carl Smith, DCD director: Not many. Tom Giske: Is it possible to have processing without growing? David Sullivan, BOCC: According to the WSLCB, an applicant may have both, but may not include retail sales. Cynthia Koan: I was under the understanding that I could build a barn without a permit. Carl Smith, DCD director: You can build an “agricultural building” without a building permit, if it’s used for feed, etc. without plumbing. The code is silent on the size. Colleen Zmolek, planner: If someone has a barn, and use it in the future as a workshop, garage, or ADU, you need to get a permit after the fact. Lorna Smith: So if we are proposing a 10,000 square foot limit, and a resident had a pre-existing building that exceeded the 10,000 square feet limit on Rural Residential 1:5…? Carl Smith, DCD director: The structure would be considered “grandfathered”. Lorna Smith: So they could potentially use the structure to grow marijuana? Page 1 of 4 Planning Commission Meeting 04/01/2015 Page 1 of 16 621 Sheridan St. Port Townsend WA 98368 P: 360-379-4450 F: 360-379-4451 plancomm@co.jefferson.wa.us Jefferson County Planning Commission MEETING MINUTES Tri-Area Community Center March 4, 2015 Colleen Zmolek, planner:During the review process that’s proposed, it would be determined that the other square footage could be used for storage. Lorna Smith: What kind of permits? Colleen Zmolek, planner: A Change of Use permit. Lorna Smith: How is it a change of use if someone is changing from growing beets to marijuana? Colleen Zmolek, planner: To conduct a consistency review. Cynthia Koan: A barn is not a growing structure. Tom Giske: How did your department arrive at the proposed 10,000 square feet? How many proposed operations are in existing buildings that exceed that square footage? Carl Smith, DCD director: We do not have that information. Matt Sircely: What about the middle ground? Like 4 acres? Tom Giske: Does this disqualify any existing applicants? Carl Smith, DCD director: Not that I’m aware of. Matt Sircely: Would like to consider gradients for different size parcels? Lorna Smith: Does the WSLCB inspect every site? Colleen Zmolek, planner: Yes. Each site is inspected. And inspections are ongoing. Cameras with direct feed. (members of the public responded with several “no’s”) Matt Sircely: So we don’t need to determine distinction because the state already has. Colleen Zmolek, planner: As far as water is concerned, Jefferson County Environmental Health conducts a review and in turn, WA Dept of Ecology is also notified. DOE will be inspecting this summer. We don’t have any proposed code changes for water review and feel it is adequately addressed. Carl Smith, DCD director: We rely on existing regulations for number of employees, etc. for growing. Colleen Zmolek, planner: Processing. So we felt as though Cottage Industry. No clearly defined size limit. All processing outside of Ag zones/light industrial. Perm/temp grow structures and processing shall be limited to a combined total of 5000 square feet. Cynthia Koan: I thought the idea was that this was meant for all agriculture, including pigs and chicken. David Sullivan, BOCC: Exemptions in 18.20.030 includes A is about animal husbandry, B is horticulture, etc. Future updates should include a review of the scale/intensity. Cynthia Koan: Feels that she is received mixed messages about the proposed changes. Are we headed in distinguishing marijuana as a separate crop or agriculture as a whole? David Sullivan, BOCC: We have time constraints. It can be addressed. But we have applicants awaiting a decision. Carl Smith, DCD director: It’s a separate body of work that will take time. Cynthia Koan: Most residents may be upset if a pig farm was of the same size as marijuana operations. Gary Felder: What are other similar jurisdictions doing to address this issue? Richard Hull: Does it make a difference what the structure is being used as, whether it’s producing or processing? David Sullivan, BOCC: I think if it’s 1-5 acres, there is flexibility. Because you do not need a cottage industry permit for growing, the proposed change is providing a restriction. Matt Sircely: Currently, is processing where a Cottage Industry permit kicks in? Colleen Zmolek, planner: Yes. We would NOT be reviewing it under an agricultural exemption. Matt Sircely: Perhaps we can review whether or not people are using their home basement for drying, etc. David Sullivan, BOCC: WSLCB does not allow applicants to use their own home for growing or processing. It must be in a separate structure. Carl Smith, DCD director: The 5,000 square feet did not reference a parcel size. Cynthia Koan: If we are considering using 5,000 square feet building for processing, then we should allow it for growing as well. Lorna Smith: I don’t care if my neighbor is growing or processing in the building. The point is, is that there is a building. Page 2 of 4 Planning Commission Meeting 04/01/2015 Page 2 of 16 621 Sheridan St. Port Townsend WA 98368 P: 360-379-4450 F: 360-379-4451 plancomm@co.jefferson.wa.us Jefferson County Planning Commission MEETING MINUTES Tri-Area Community Center March 4, 2015 Matt Sircely: It’s difficult to imagine why someone would grow but not process. Colleen Zmolek, planner: We need to consider all aspects. Applicants can choose to grow and not process. Tom Giske: I’m concerned that we are ignoring retail. Are we satisfied that we have sufficiently addressed Retail? Carl Smith, DCD director: We feel that the WSLCB has addressed it sufficiently, such as the 1,000 foot buffer from parks and schools. Tom Giske: Why is it not appropriate to ask ourselves if marijuana retail is appropriate in certain zones? I happen to live near a situation that concerns me. The reason why the zone designation was made was to prevent out-of-towners. Also, liquor stores are not allowed in certain zones. David Sullivan, BOCC: Regarding retail, we felt the current rules were strict enough. Colleen Zmolek, planner: Convenience Crossroads zoning does not allow for liquor stores. David Sullivan, BOCC: But grocery stores can sell alcohol. Tom Giske: To allow a limited supply of the zones to be used for marijuana retail stores was not the intent. Matt Sircely: Are you concerned with people coming from outside the community? Tom Giske: We have situations that are relatively localized, for instance Shine Rd. is closer to the bridge, which would bring those from across the bridge instead of locals. Carl Smith, DCD director: It does state “locals and traveling public.” Colleen Zmolek, planner: Convenience Crossroad “consists of a single commercial property at a historical crossroad. Typically, the existing commercial use is a convenience or general store with associated uses that provide a limited selection of basic retail goods and services for the local population and the commuting or traveling public” Carl Smith, DCD director: Our Board of County Commissioners has asked us to consider marijuana the same as other agriculture. There is very little time before the moratorium expires. Our public hearing needs to be held by May in order to provide the BOCC with the time to review and approve amendments. Richard Hull: We should focus our time on what is included in the moratorium. We should consider retail at a later time. Matt Sircely: Motioned for approval that we vote on whether we are moving forward in mutual agreement. Patricia Farmer: All of the comments from the public. I don’t think we’ve addressed public concerns. Our concern was that we did not want to be the cannabis capital of Washington state. Cynthia Koan: Another concern was residential next to industrial. Matt Sircely: I can’t think of what isn’t addressed between the County’s Cottage Industry, WSLCB, and other regulations. I can withdraw the motion. Elizabeth Williams: The Planning Commission special meetings are booked for March 18 and April 15 at the Tri- DCD Admin. Assistant Area Community Center. Carl Smith, DCD director: Directed Elizabeth to schedule a special meeting for March 25, instead of March 18. Matt Sircely: Moved to approve the agreement that the PC was headed in the correct direction. 5 approved. 0 opposed. 2 abstained. OBSERVER COMMENT Roger Hall: Tier 1 applicant for producer. The WSLCB has a cap of 1,400 square foot canopy for Tier 1. The WSLCB do not take into consideration the parcel size. Jean Ball: The WSLCB does not care about building size. They care about the area that includes the plants. Cynthia Koan, PC member: Because of the frequent changes at WSLCB, we would not like to cater the code to WSLCB regulations. Page 3 of 4 Planning Commission Meeting 04/01/2015 Page 3 of 16 621 Sheridan St. Port Townsend WA 98368 P: 360-379-4450 F: 360-379-4451 plancomm@co.jefferson.wa.us Jefferson County Planning Commission MEETING MINUTES Tri-Area Community Center March 4, 2015 Gary Johnson: The processing license is an I-502/WSLCB term. The state 25% excise tax at each level. The merging of producing/processing is to avoid the 25% tax. Cannot sell to retail if you remain a producer. Every producer is processing in some way anyway. Processing on my property would include Steve Ramsey: The #1 public concern has been denied an opportunity to comment on the proposed operations. Kitsap County has pushed the operations out of residential zones. Clallam County has mostly required conditional use permits. The cottage industry does not take care of production. Nothing has addressed the black market or whether or not there is adequate water supply. Adjourned at 8:25 pm These meeting minutes were approved this ____________ day of ___________________________, 2015. ________________________________________ _________ ______________________________________________________________ Kevin Coker, Chair Elizabeth Williams, PC Secretary/DCD Administrative Clerk Page 4 of 4 Planning Commission Meeting 04/01/2015 Page 4 of 16 JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street | Port Townsend, WA 98368 | Web: www.co.jefferson.wa.us/communitydevelopment Tel: 360.379.4450 | Fax: 360.379.4451 | Email: dcd@co.jefferson.wa.us __________________________________________________________________________________________ Building Permits & Inspections | Development Consistency Review | Long Range Planning | Watershed Stewardship Resource Center TO: Planning Commission FROM: Carl Smith, DCD Director Colleen Zmolek, Associate Planner RE: Land Use Regulations for Agricultural-Use Buildings, including I-502 DATE: April 1, 2015 ______________________________________________________________________________________ Background At the Planning Commission on March 4, 2015, staff and Commissioners continued discussion of potential regulation of agricultural buildings, including those that could be uses in the growing and production of recreational marijuana. Under direction from BOCC Chair David Sullivan, the focus is requested to be on regulations that address the “scale and intensity” of any agricultural operation without regard for the kind of agricultural crop or uses involved. To address scale and intensity, staff presents the attached table with a proposed graduated scale of sizes for agricultural buildings in various zones with building size allowances related to parcel size. Also attached is proposed code language to effect these changes. The BOCC requests the Planning Commission conduct a public hearing and forward its recommendation in time for the BOCC to consider and take action prior to the expiration of the current moratorium on June 11, 2015. This would mean a Planning Commission public hearing by the May 6 regular meeting. One additional special meeting in mid-April is possible. Attached is the proposed schedule for meeting this goal. Staff looks forward to discussing this topic with the Planning Commission at the April 1, 2015 meeting. Planning Commission Meeting 04/01/2015 Page 5 of 16 Agricultural Structure Size Draft 4-1-15 Planning Commission Use/zones Ag Forest RR1:5 RR1:10 RR1:20 Commercial Industrial P R O D U I N G Outdoor Grow No limit No limit No limit No limit No limit No limit No limit Temporary or Permanent indoor Grow No limit Note: No change in code required No limit Except bulk and dimension limits Note: No change in code required *Up to 2,500 sf total for any combination of permanent or temp growing structures Note: Code change required *Up to 5,000 sf total for any combination of permanent or temp growing structures Note: Code change required *Up to 5,000 sf total for any combination of permanent or temp growing structures Note: Code change required *Up to 1,500 sf total for any combination of permanent or temp growing structures Note: code change required 10,000, 15,000 or 20,000 in Glen Cove (JCC 18.30.050 Table 6-1) no max # of buildings. Note: No code change required Planning Commission Meeting 04/01/2015 Page 6 of 16 Use/zone Ag Forest RR1:5 RR1:10 RR1:20 Commercial Industrial P R O C E S S I N G Indoor Processing No limit Note: No Change in code required Indoor processing allowed as a Cottage Industry Permit Limited to 5,000 sq ft structure for processing no limit on size for temporary or permanent growing structures except bulk and dimensional size (JCC 18.30.150 table 6-1) Note: Code change required Indoor processing allowed as a Cottage Industry Permit Limited to 5,000 sq ft structure for processing *Allow additional sq ft for temporary and permanent growing structures (See page 3) Note: Code change required Indoor processing allowed as a Cottage Industry Permit Limited to 5,000 sq ft structure for processing *Allow additional sq ft for temporary and permanent growing structures (See page 3) Note: Code change required Indoor processing allowed as a Cottage Industry Permit Limited to 5,000 sq ft structure for processing *Allow additional sq ft for temporary and permanent growing structures (See page 3) Note: Code change required Indoor processing allowed as a Cottage Industry Permit Limited to 5,000 sq ft for processing *Allow additional sq ft for temp and perm growing structures (See page 3) Cottage Industry allowed in RVC, NVC, and GC. Not allowed in CC Max build sizes (JCC 18.30.050 table 6-1) Note: Code change required 10,000, 15,000 or 20,000 in Glen Cove (JCC 18.30.050 Table 6-1) no max # of buildings n/a would use industrial to get maximum building size and # of buildings Note: No change in code required Planning Commission Meeting 04/01/2015 Page 7 of 16 *RR 1:5, 1:10 & 1:20 temporary or permanent growing structure size Up to 1 acre parcel size: up to 500 sf Between 1-2 acre parcel size: up to 1,000 sf Between 2-3 acre parcel size: up to 1,500 sf Between 3-4 acre parcel size: up to 2,000 sf Between 4-5 acre parcel size: up to 2,500 sf *RR 1:10 & 1:20 (minimum 10 acres) temporary or permanent growing structure size Between 5-6 acre parcel size: 3,000 sf Between 6-7 acre parcel size: 3,500 sf Between 7-8 acre parcel size: 4,000 sf Between 8-10 acre parcel size: 4,500 sf 10 or more acre parcel size: 5,000 sf *Commercial Zoning Districts: RVC, NVC, GC and CC temporary or permanent growing structure size. 1,500 sf allowed. No parcel size limits. G:\PLANNING\I-502\I-502\Building size limits PC 4-1-15 DRAFT.docx Planning Commission Meeting 04/01/2015 Page 8 of 16 JJEEFFFFEERRSSOONN CCOOUUNNTTYY DDEEPPAARRTTMMEENNTT OOFF CCOOMMMMUUNNIITTYY DDEEVVEELLOOPPMMEENNTT 621 Sheridan Street, Port Townsend, WA 98368 | Web: www.co.jefferson.wa.us/communitydevelopment Tel: 360.379.4450 | Fax: 360.379.4451 | Email: dcd@co.jefferson.wa.us __________________________________________________________________________________________ SquareONE Resource Center | Building Permits & Inspections | Development Review | Long Range Planning PC meeting of April 1, 2015 18.20.030 Agricultural activities and accessory uses. (1) Definitions. For the purposes of this section, the following definitions shall apply. Other relevant definitions appear in subsections of this section and in Chapter 18.10 JCC. (a) Agriculture. The science, art, and business of producing crops, or raising livestock; farming. (b) Agricultural Activities. Land preparation for agricultural purposes, such as clearing, grading, contouring, ditching, fencing, plowing, tilling, planting, cultivating, fertilizing, weed, pest and disease control, spraying, pruning, trimming, harvesting, processing, packing, sales, and construction of farm and stock ponds, irrigation ditches and systems; livestock management, such as breeding, birthing, feeding and care of animals, birds, honey bees, and fish; the repair maintenance and incidental construction of equipment, structures, or machinery used to perform agricultural or husbandry operations; and the storage of agricultural products and machinery. (c) Agricultural Product or Commodity. Any plant or part of a plant, or animal, or animal product, produced by a person (including farmers, ranchers, vineyardists, plant propagators, Christmas tree growers, aquaculturists, floriculturists, orchadists, foresters, or other comparable persons) primarily for sale, consumption, propagation, or other use by people or animals. (d) Accessory Uses. Uses accessory to agriculture that support, promote, or sustain agricultural operations and production, as provided in subsection (3) of this section. (e) Agricultural Lands. Designated as either prime agricultural land (AP-20) or agricultural land of local importance (AL-20) on the official map of Comprehensive Plan land use designations. Agricultural lands of long-term commercial significance is a category of resource lands under the State Growth Management Act and the Jefferson County Comprehensive Plan. (f) Open Space Tax Program. County program associated with property taxation. Land being used for agriculture may be enrolled in the tax program through the county assessor. The tax program is independent of land use designation (i.e., zoning) and these development regulations, except in the context of identifying “existing and ongoing agriculture,” as defined in this code and exempted from standard stream and wetland buffers as described in subsection (2)(b)(ii) of this section. (g) Existing and Ongoing Agriculture. Any agricultural activities conducted on an ongoing basis on lands enrolled in the open space tax program for agriculture or designated as agricultural lands; provided, that agricultural activities were conducted on those lands at anytime during the five-year period preceding April 28, 2003. Agricultural use ceases when the area on which it is conducted is converted to a nonagricultural use. (h) New Agriculture. Agricultural activities proposed or conducted after April 28, 2003, and that do not meet the definition of “existing and ongoing agriculture.” (i) Agricultural Best Management Practices (BMPs). Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce pollution of waters or degradation of wetlands and fish and wildlife habitat areas. (j) Farm Equipment. Includes, but is not limited to, tractors, trailers, combines, tillage implements, balers, and other equipment, including attachments and accessories that are used in the planting, cultivating, irrigation, harvesting, and marketing of agricultural, horticultural, or livestock products. (k) Agricultural Processing. Includes but is not limited to grinding, mixing, milling, canning, packing, freezing. Includes extraction and activities to transform the agricultural product into a value added product. Agricultural Processing for the purposes of this section shall not include the drying, trimming and bagging of an agricultural product. 1 c:\users\elizabethw\appdata\local\microsoft\windows\temporary internet files\content.outlook\h3azl4sn\draft code language 18 20 030 agricultural activities and accessory uses.doc Planning Commission Meeting 04/01/2015 Page 9 of 16 (2) Agricultural Activities. (a) Where Allowed. Agricultural Activities, as defined above, are an allowed use under any of the Comprehensive Plan land use designations, subject to the provisions of this subsection, except that “processing,” “packing,” and “sales” are regulated under subsection (3) of this section, Accessory Uses. (b) When Exempt from Permit Process. Agricultural activities are considered a matter of right and not subject to land use permits or approval from the administrator, subject to the following: (i) Other Applicable Laws and Rules. This section does not exempt the proponent from acquiring any other required approvals from county, state or federal agencies, including, but not limited to, approvals related to matters of public health, safety, and welfare. (ii) Permanent and Temporary Growing Structures on Rural Residential lands RR 1:5, RR 1:10 and RR 1:20 and Rural Commercial lands shall require land use review and shall meet the following standards in addition to all other applicable sections of the Jefferson County Code. (A) Rural Residential 1:5, 1:10 & 1:20- temporary or permanent growing structure size. The allowed structure size is a total combination of square footage of gross floor area for all growing structures. Less than and equal to 1 acre parcel size: Maximum up to 500 sf gross floor area. Greater than 1 acre and less than or equal to 2 acre parcel size: Maximum up to 1,000 sf gross floor area. Greater than 2 acre and less than or equal to 3 acre parcel size: Maximum up to 1,500 sf gross floor area. Greater than 3 acre and less than or equal to 4 acre parcel size: Maximum up to 2,000 sf gross floor area. Greater than 4 acre and less than or equal to 5 acre parcel size: Maximum up to 2,500 sf gross floor area. (B) Rural Residential 1:10 & 1:20 -Greater than 5 acres parcel size temporary or permanent growing structure size. The allowed structure size is a total combination of square footage of gross floor area for all growing structures. Greater than 5 acre and less than or equal to 6 acre parcel size: Maximum 3,000 sf gross floor area. Greater than 6 acre and less than or equal to 7 acre parcel size: Maximum 3,500 sf gross floor area. Greater than 7 acre and less than or equal to 8 acre parcel size: Maximum 4,000 sf gross floor area. Greater than 8 acre and less than or equal to 10 acre parcel size: Maximum 4,500 sf gross floor area. Greater than 10 acre parcel size: Maximum 5,000 sf gross floor area. (C) Rural Commercial –any size parcel. Temporary or permanent growing structure building size: up to 1,500 sf gross floor areas. (ii) Critical Areas. The Growth Management Act, Chapter 36.70A RCW, requires local governments to designate and protect “critical areas,” such as wetlands and fish and wildlife habitat areas. This code contains provisions for the protection of critical areas at Article VI-D of Chapter 18.15 JCC, et seq. The fish and wildlife habitat areas section is Article VI-H of Chapter 18.15 JCC and includes protections for streams and their buffers. The wetlands section is Article VI-I of Chapter 18.15 JCC and includes protections for wetland buffers. These sections pertain to agricultural activities in the following manner: 2 Planning Commission Meeting 04/01/2015 Page 10 of 16 (A) New agriculture is required to meet all applicable provisions of Article VI-D of Chapter 18.15 JCC, et seq. (B) Existing and ongoing agriculture is exempt from standard stream and wetland buffers. Refer to Articles VI-H and VI-I of Chapter 18.15 JCC, respectively. The exemption covers only existing and ongoing activities related to cultivating crops and grazing livestock and the land preparation associated with those agricultural activities. The exemption does not cover new structures, parking areas, or other similar development activities. New development activities related to agriculture are regulated as new agriculture. (C) In exchange for this exemption from standard stream and wetland buffers, the agricultural communities in each Jefferson County watershed are expected to establish and implement appropriate agricultural best management practices (BMPs) in order to protect wetlands and fish and wildlife habitat areas from adverse impacts related to the practice of agriculture. Refer to subsection (3) regarding agricultural BMPs below. (D) The exemption from standard stream and wetlands buffers for existing and ongoing agriculture will be revisited during periodic review of the Comprehensive Plan and development regulations, pursuant to RCW 36.70A.130. If the county finds through evaluation of best available science that the voluntary implementation of agricultural BMPs is failing to protect wetlands and fish and wildlife habitat areas from impacts related to agriculture in any given watershed or specific areas within a given watershed, this exemption will be modified or eliminated for that watershed or particular sites within that watershed. (iii) Agricultural Best Management Practices. Agricultural activities are expected to be conducted in a manner that protects against harm or degradation to the existing functions and values of fish and wildlife habitat in and adjacent to streams and wetlands through the implementation of agricultural best management practices (BMPs). (A) Agricultural landowners and operators are encouraged to design BMPs through consultation with the following resources: (I) Section 4 of the USDA Natural Resources Conservation Service (NRCS) “Field Office Technical Guide” (FOTG) contains a nonexclusive list of conservation practices (BMPs) to guide implementation of the expectations of this section. (II) The Jefferson County conservation district is available to assist in the development of informal farm plans as well as formal plans such as the resource management system (RMS) plan or other type of conservation plan approved through the NRCS. (B) BMPs should be designed for site-specific conditions and should include pollution prevention and control measures that effectively address the following management areas: (I) Livestock and Dairy Management. Livestock and dairy operations must be conducted so as not to contribute any wastes or sediments into a natural or modified natural stream in violation of adopted state water quality standards. (II) Nutrient and Farm Chemical Management. Manure must not be placed in a stream or location where such wastes are likely to be carried into a stream by any means. Farm chemicals shall be applied consistent with all requirements stated on the chemical container labels and all applicable federal and state laws and regulations, such as Chapter 15.58 RCW (Pesticide Control Act), Chapter 17.21 RCW (Pesticide Application Act), and 7 United States Code (USC) 136, et seq., (Federal Insecticide, Fungicide, and Rodenticide Act). (III) Soil Erosion and Sediment Control Management. Construction of roads used for agricultural purposes, agricultural equipment operation, and ditch construction and maintenance should be undertaken in such a manner as to avoid sediment contribution to streams. (IV) Operation and Maintenance of Agricultural Drainage Infrastructure. Dredging or removal of accumulated sediments in any ditch or ditched stream should be conducted when there is no or minimal flow in the stream (generally between June 15th and October 31st) and in a manner that minimizes sediment contribution or other impacts to water quality. Excavation spoils should be placed so as not to cause bank failures and so that drainage from such spoils does not contribute sediment to streams. Maintenance of vegetation located within a stream that is part of drainage infrastructure 3 Planning Commission Meeting 04/01/2015 Page 11 of 16 may be conducted at any time; provided, that any cutting or mowing is above the ground surface within the channel and in a manner that does not disturb the soil or sediments and that the cut vegetation does not block water flow. Stream bank vegetation should be preserved or planted as soon as practicable after drainage construction and maintenance are completed in order to stabilize earthen ditch banks. (V) Riparian Management. Existing riparian vegetation should be managed to continue to provide soil and streambank stability, shade, filtration, and habitat for fish and wildlife. Landowners are encouraged to plant riparian vegetation to improve fish and wildlife habitat by providing shade, cover, organic debris, and control of noxious weeds. (C) An owner or operator is responsible only for those conditions caused by agricultural activities conducted by the owner or operator and is not responsible for conditions that do not meet the standards of this subsection resulting from actions of others or from natural conditions not related to the on-site agricultural operations. Conditions resulting from unusual weather events (such as storm in excess of a 25-year, 24-hour storm) or other exceptional circumstances that are not the product of obvious neglect are not the responsibility of the owner or operator. (D) Agricultural activities are expected to meet the objectives and standards of this subsection through voluntary compliance. (E) Jefferson County, the Jefferson County conservation district, and the Department of Ecology work cooperatively to identify potential violations of state water quality standards and to provide assistance to agricultural owners and operators for preventing or correcting water quality violations. The Department of Ecology maintains ultimate compliance authority for enforcing state water quality standards. (F) “Existing functions and values” relates to the following categories: (I) Water quality, as documented in a given watershed by the Jefferson County conservation district or other management agency. (II) The existence or absence of large woody debris within a stream, as documented in the “Salmon & Steelhead Habitat Limiting Factors” analyses completed by the Washington Department of Fish and Wildlife (WDFW) between 2000 and 2003 for the Water Resource Inventory Areas (WRIAs) 16, 17, 20, and 21, or other relevant studies. (III) The existing riparian buffer characteristics and width, including, but not limited to, the existing amount of shade provided by the existing riparian buffer, as documented in the “Salmon & Steelhead Habitat Limiting Factors” analyses completed by WDFW between 2000 and 2003 for the Water Resource Inventory Areas (WRIAs) 16, 17, 20, and 21, or other relevant studies. (IV) The existing channel morphology as documented with year 2000 Department of Natural Resources (DNR) Aerial Photography. (G) “No harm or degradation” means the following: (I) Maintaining or improving documented water quality levels, if available. (II) Meeting, or working towards meeting, the requirements of any total maximum daily load (TMDL) requirements established by the Department of Ecology pursuant to Chapter 90.48 RCW. (III) Meeting all applicable requirements of Chapter 77.55 RCW and Chapter 220-110 WAC (Hydraulics Code). (IV) No evidence of degradation to the existing fish and wildlife habitat characteristics of the stream or wetland that can be reasonably attributed to adjacent agricultural activities. (H) The references above to Chapters 77.55 and 90.48 RCW and Chapters 173-201A and 220-110 WAC shall not be interpreted to replace Department of Ecology and WDFW authority to implement and enforce these state programs. (iv) Stormwater Management. Jefferson County stormwater management regulations and procedures are described in JCC 18.30.060, Grading and excavation standards, and JCC 4 Planning Commission Meeting 04/01/2015 Page 12 of 16 18.30.070, Stormwater management standards. These sections pertain to agricultural activities in the following manner: (A) Commercial agriculture is exempt from stormwater management minimum standards pursuant to JCC 18.30.070(2) and the referenced Department of Ecology Stormwater Management Manual for Western Washington (manual). (B) According to the manual, “commercial agriculture” is defined as: Those activities conducted on lands defined in RCW 84.34.020(2), and activities involved in the production of crops or livestock for wholesale trade. An activity ceases to be considered commercial agriculture when the area on which it is conducted is proposed for conversion to a nonagricultural use or has lain idle for more than five (5) years, unless the idle land is registered in a federal or state soils conservation program, or unless the activity is maintenance of irrigation ditches, laterals, canals, or drainage ditches related to an existing and ongoing agricultural activity. (C) Accordingly, agricultural activities such as land preparation for the cultivation of crops or the grazing of livestock and the maintenance of agricultural irrigation infrastructure are exempt from meeting the minimum requirements for stormwater management and from obtaining a stormwater management permit. (D) This exemption does not apply to new development that is secondarily related to agriculture and that involves the construction of new structures, such as buildings for agricultural processing and retail sales, and the addition of impervious surfaces, such as compacted areas designed to accommodate parking. (E) This exemption does not apply to the initial clearing of forested land. Conversion of forested land to some other use incompatible with commercial forestry, as defined in the Forest Practices Act, Chapter 76.09 RCW, requires review under JCC 18.20.160, 18.30.060 and 18.30.070. The State Department of Natural Resources may also require a Class IV general forest practices application. (v) Farm Ponds and Irrigation Infrastructure. (A) Construction or expansion of farm and stock ponds and irrigation ditches and infrastructure in association with commercial agriculture as defined above is exempt from meeting stormwater management minimum standards and from obtaining approval; provided, that said activities are not conducted in environmentally sensitive areas and their buffers as defined in Article VI-D of Chapter 18.15 JCC. Landowners are encouraged to document the creation of new exempt ponds through photographs (before, during, and after construction) in order to facilitate any future development review on the property. (B) Construction or expansion of ponds or irrigation ditches and infrastructure in wetlands and their buffers is subject to the provisions of Article VI-I of Chapter 18.15 JCC. (I) Maintenance of existing farm and stock ponds and agricultural irrigation ditches and infrastructure is allowed without having to meet the protection standards pursuant to the exemption for “existing and ongoing agriculture” at JCC 18.15.355(1)(e), if the activities are not prohibited by any other law. (II) Construction of new ponds or expansion of existing ponds and drainage-related activities that would introduce new impacts is regulated under Article VI-I of Chapter 18.15 JCC. Activities within wetlands and their buffers require review and approval of a mitigation or enhancement plan pursuant to that article. (C) Generally, pursuant to JCC 18.30.060(5)(b), drainage improvements constructed in accordance with JCC 18.30.060(2) and 18.30.070 and construction of a pond of one-half acre or less which is not in a regulated wetland are exempt from the stormwater management permit requirement outlined in JCC 18.30.070(6). (vi) Livestock Management. (A) On designated agricultural lands, livestock management is allowed as a matter of right, except: (I) Any operation that meets the state or federal definition for an animal feeding operation (AFO) requires a consistency review land use permit (i.e., “Yes” or Type I). 5 Planning Commission Meeting 04/01/2015 Page 13 of 16 (II) Any activity that meets the state or federal definition for a custom slaughtering establishment, custom meat facility, or medium concentrated animal feeding operation (medium CAFO) requires a conditional administrative (C(a)) land use permit. (III) Any operation that meets the state or federal definition for a large concentrated animal feeding operation (CAFO), certified feed lot, public livestock market, stockyard, warehouse, or grain elevator, requires a conditional use (C) land use permit. (B) On lands that are not designated agricultural lands, livestock management is allowed as a matter of right, except: (I) The slaughter and preparation of between 100 and 1,000 chickens or other fowl in a calendar year by the agricultural producer of the chickens for the sale of whole raw chickens by the producer directly to the ultimate consumer at the producer’s farm requires a conditional administrative (C(a)) land use permit; over 1,000 shall be prohibited. (II) Any operation that meets the state or federal definition for an animal feeding operation (AFO) requires a conditional administrative land use permit (C(a)). (III) Any operation that meets the state or federal definition for a custom slaughtering establishment, custom meat facility, certified feed lot, public livestock market, stockyard, warehouse, grain elevator, or medium or large concentrated animal feeding operation (CAFO) shall be prohibited, except in the heavy industrial land use designation, where a conditional use (C) land use permit shall be required. (C) Facilities for breeding and maintaining working dogs raised for livestock management purposes are exempt from performance of JCC 18.20.060(3), Animal kennels and shelters, in order to allow livestock guardian dogs to work during nighttime hours. Facilities for breeding and raising dogs for show or sale must be incidental and accessory to the principal farm activities and meet all of the performance standards for animal kennels and shelters at JCC 18.20.060(3). (vii) Structures. According to JCC 15.05.040(1), certain types of agricultural structures do not require a building permit from the department of community development. (A) No county building permit is required for buildings or structures erected exclusively for the storage of livestock, feed, and/or farm implements, provided said structures are: freestanding, located at least 10 feet from the nearest structure and not attached to any structure, unless attached to another agricultural building; do not contain plumbing, except as necessary to maintain farm animals; do not contain a heat source, such as a wood stove or electric heat, unless specifically permitted. (B) Agricultural buildings that contain plumbing other than that as authorized above must obtain a plumbing installation permit and health department approval. (C) Agricultural buildings that contain a heat source for an agricultural purpose must obtain a wood stove permit or an electrical permit as appropriate. (D) Agricultural buildings used for the storage of private automobiles, trucks, etc., which are not licensed as farm equipment, are considered garages or carports and must obtain a building permit. (E) Agricultural buildings used for the purpose of hosting members of the public for the purpose of retail sales of agricultural products or machinery constructed on-site shall require a building permit to ensure life safety and structural integrity. If an older agricultural building constructed under the building permit exemption for agricultural buildings is proposed for hosting members of the public, the building shall be brought into compliance with the building code, as determined by the building official. (F) The building official shall judge whether a proposed structure, a structure under construction, or a completed structure violates this building permit exemption. A structure determined to be in violation will be considered a structure subject to the building code. (G) Temporary growing structures used solely for the commercial production of horticultural plants including ornamental plants, flowers, vegetables, and fruits are not considered structures subject to the State Building Code, Chapter 19.27 RCW, pursuant to RCW 19.27.065. 6 Planning Commission Meeting 04/01/2015 Page 14 of 16 (3) Accessory Uses. (a) General Provisions. Pursuant to RCW 36.70A.177: (i) Accessory uses that support, promote, or sustain agricultural operations and production shall comply with the following: (A) Accessory uses shall be located, designed, and operated so as not to interfere with natural resource land uses and shall be accessory to the growing of crops or raising of animals; (B) Accessory commercial or retail uses shall predominantly produce, store, or sell regionally produced agricultural products from one or more producers, products derived from regional agricultural production, agriculturally related experiences, or products produced on-site. Accessory commercial and retail uses shall offer for sale predominantly products or services produced on-site; and (C) Accessory uses may operate out of existing or new buildings with parking and other supportive uses consistent with the size and scale of existing agricultural buildings on the site but shall not otherwise convert agricultural land to nonagricultural uses. (ii) Accessory uses may include compatible commercial or retail uses including, but not limited to: (A) Storage and refrigeration of regional agricultural products; (B) Production, sales, and marketing of value-added agricultural products derived from regional sources; (C) Supplemental sources of on-farm income that support and sustain on-farm agricultural operations and production; (D) Support services that facilitate the production, marketing, and distribution of agricultural products; and (E) Off-farm and on-farm sales and marketing of predominantly regional agricultural products and experiences, locally made art and arts and crafts, and ancillary retail sales or service activities. (b) Where Allowed. Accessory uses to agriculture are allowed exclusively in agricultural lands. (c) Where Prohibited. Accessory uses to agriculture, as defined and regulated in this section, are prohibited in all land use districts except agricultural lands. Proposals that would be classified accessory uses in agricultural lands, such as processing, packing, and sales of agricultural products, may be considered and approved in other land use districts under different and appropriate land use classifications, such as commercial use, light industrial use, home business, cottage industry, or small-scale recreation and tourist use, subject to allowed and prohibited uses per land use district and the associated permit processes and approval criteria. (d) When Exempt from Permit Process. Accessory uses on agricultural lands are considered a matter of right and not subject to land use permits or approval from the administrator, subject to the following limitations and provisions in association with these various use categories: (i) General. All accessory uses, when exempted from a permit or approval process, shall be conducted in such a manner that: (A) Parking for all visitors or suppliers is fully accommodated on-site in a location and manner that does not encroach upon or negatively impact environmentally sensitive areas and their protection buffers and that converts as little prime agricultural soil as practicable into nonagricultural use. (B) New structures are constructed or existing structures are expanded in a location and manner that does not encroach upon or negatively impact environmentally sensitive areas and their protection buffers and that converts as little prime agricultural soil as practicable into nonagricultural use. (ii) Composting and recycling must be nonhazardous and biodegradable. (iii) Processing and packing agricultural products if at least 50 percent of the product was raised or produced on the site or on other Jefferson County parcels, including but not limited to prepared 7 Planning Commission Meeting 04/01/2015 Page 15 of 16 foods, cheese, wine, beer, decorative materials, compost, etc., including cooperative processing and packing involving more than one local farmer. (iv) Retail and wholesale sales of agricultural products from existing or new farm stands and farm buildings, including cooperative sales involving more than one local farmer, subject to the following provisions: (A) At least 50 percent of the square footage of the undercover, retail display area is comprised of products from the farm on which the stand is located or from land owned by the owner of the stand. (B) If less than 50 percent of the products sold come from the farm on which the sale occurs, all the products sold must primarily supply local agricultural activities and the sales must be accessory to the prime function of the land as a farm. Examples are sale of hay, specialized livestock materials, farm equipment, livestock fencing, horticultural supplies, etc. (v) Farm Equipment. Commercial repair and maintenance of farm equipment and sales of equipment, structures, or machinery manufactured on-site for use in agricultural operations subject to the following provisions: (A) The activity must be accessory to the main function of the property as a farm. (B) The activity shall comply with JCC 18.20.220(1)(a), (c), and (d), Industrial uses – Standards for site development. (C) Storage of vehicles, equipment, materials or products not related to agriculture must meet the requirements of JCC 18.20.280, Outdoor storage yards. (vi) Agritourism. Agriculturally related activities designed to bring the public to the farm on a temporary or continuous basis, such as U-Pick farm sales, retail sales of farm products, farm mazes, pumpkin patch sales, farm animal viewing and petting, wagon rides, farm tours, horticultural nurseries and associated display gardens, cider pressing, wine or cheese tasting, etc., subject to the following provisions: (A) All activities must be closely related to normal agricultural activities. Activities which simply adopt an agricultural theme or setting but which are not otherwise a normal extension of agricultural activities are not permitted as a matter of right; however, they may be considered under JCC 18.20.350, Small-scale recreation and tourist uses. The following list of uses not permitted as a matter of right is illustrative but not exhaustive: mechanical rides such as Ferris wheels and carousels, arcade type games and activities, dance halls, stage performances, drinking establishments that serve alcohol which is not wine produced on-site, fireworks, sporting events, caged wild animals, exhibits, etc. (B) Temporary events that are not related to agriculture are regulated by JCC 18.20.380, Temporary outdoor uses. (vii) Classes. Subject to the following provisions: (A) Classes are clearly accessory to the primary function of the farm. (B) Classes must not exceed four weeks in length for any single course of instruction. Schools with classes that exceed four weeks must meet the provisions of subsection (3)(e)(ii)(B) of this section, addressing agricultural schools. (C) If students are regularly housed on-site for the class, the provisions of JCC 18.20.210, Hospitality establishments, shall apply. (viii) Lumber Mills and Associated Forestry Processing Activities and Uses. Harvesting, sawing, processing, assembling and selling lumber is limited to timber from the designated agricultural lands property on which the activity is located and is subject to the regulations of JCC 18.20.230, Lumber mills (portable and stationary). (e) When Permit Process is Required. (i) Proposal Exceeds Terms or Limitations. Accessory uses on agricultural lands that are best described as one of the uses listed in subsection (3)(d) of this section and yet exceed or lie outside of the terms and limitations set forth in subsection (3)(d) of this section are considered discretionary uses (i.e., “D” uses), as defined at JCC 18.15.020(1)(b), and subject to a Type II administrative review as specified in Chapter 18.40 JCC. The administrator may classify the 8 Planning Commission Meeting 04/01/2015 Page 16 of 16 proposed use as an allowed “yes” use, conditional administrative use, conditional use, or prohibited use. The permit process is subsequently conducted pursuant to Chapter 18.40 JCC according to the use classification. (ii) Other Accessory Uses. The following accessory uses may be permitted on designated agricultural lands subject to a discretionary determination by the administrator (i.e., a Type II administrative review process for a “D” use), provided they are located, designed and operated so as not to interfere with natural resource land uses and subject to the following provisions in association with these various use categories: (A) Permanent and/or seasonal farm worker housing, in addition to an accessory dwelling unit; provided, that: (I) The housing is used exclusively for agricultural workers on the farm and their families or members of the family of the farm owner with at least one member of each household actively working on the farm. (II) The housing for farm labor is not sold, leased or rented to the general public unless the owner applies for and receives a permit for an agriculture-related recreational or tourist use as specified in JCC 18.20.350. (III) The farm worker housing units are constructed in such a manner that they meet all applicable regulations for dwelling units for agricultural worker housing. (IV) A covenant is recorded with the title of the parcel on which the housing is located in a form satisfactory to the county that specifies that the units are exclusively for use by farm laborers and their families employed on the property by the owner. The use of the farm labor dwelling units may be converted to nonagricultural uses and the covenant removed subject to approval by the administrator and issuance of any required land use permits. (V) The accommodations shall not require the extension of public sewer services. (B) Agricultural schools which offer a program that lasts for more than 30 days per year per student and which may be the primary function of the land, subject to the following provisions: (I) The predominant focus of the curriculum and activities of the school is closely tied to and dependent upon agricultural activities and facilities on the farm. If the school has a conventional curriculum and is merely utilizing an agrarian setting, it does not qualify for location on designated agricultural land. (II) Agricultural schools under this section which also house students and/or faculty for the duration of the course of study must meet the requirements of JCC 18.40.080 for a conditional use permit. (III) Buildings and parking facilities used for the school avoid location on prime agricultural soils, whenever practicable. (C) Veterinary clinics or hospitals which have at least a portion of their business serving large domestic animals necessitating holding pens, paddocks, etc., subject to the provisions of JCC 18.20.420(1)(a) and (b). Veterinary clinics and hospitals that do not include an on-site, large animal practice are not permitted on land designated agricultural land. (D) Farm restaurant when it is a component of the agritourism activities of a farm subject to the restrictions set forth in JCC 18.20.350(1). (E) Farm campground for fishing or hunting on or near farm property subject to the regulations in JCC 18.20.350(6)(a)(1) through (9). (F) Guide services associated with livestock used for trail riding, packing, etc. (G) Rural recreational tourist lodging subject to the provisions of JCC 18.20.350. (H) Commercial display gardens subject to the requirements of JCC 18.20.350(3). [Ord. 8-06 § 1] 9 Planning Commission Meeting 04/01/2015 Page 17 of 16 Planning Commission meeting of 4/1/2015 Draft 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 finds 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; (l) 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). Planning Commission Meeting 04/01/2015 Page 18 of 16 (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. Planning Commission Meeting 04/01/2015 Page 19 of 16 (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. (l) 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 gross floor area on the property be devoted to the cottage industry., provided that all temporary or permanent agricultural growing structures are not included in the 5,000 square foot building size limit and are instead regulated by JCC 18.20.030 _____. (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. Planning Commission Meeting 04/01/2015 Page 20 of 16 (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] G:\PLANNING\I-502\I-502\Ag building size cottage industry edits 4-1-15.docx Planning Commission Meeting 04/01/2015 Page 21 of 16 Draft Agriculture Review Process (including I-502) Code Amendment Timeline 2015 Activity February 9 BOCC adopts 4- month extension to moratorium February 23 Brief the BOCC at the afternoon session on progress to date on I-502 code development and proposed timeline of future steps in the process. March 4 Planning Commission review and deliberate draft code ideas. Commissioner Sullivan to present “focus areas”. March 18 Planning Commission special meeting- continued discussion of draft code. April 1 Planning Commission regular meeting-continued discussion of draft code. April 15 Potential special Planning Commission meeting to continue discussion. April 22 Publish notice of Planning Commission public hearing to be held May 6 Publish SEPA notice (14 day comment period begins) Transmit draft regs to Dept of Commerce – request expedited review (30 days) May 6 Planning Commission public hearing on I-502 code. Vote to recommend I-502 code to BOCC May 11 BOCC briefing on Planning Commission recommendations May 18 BOCC approval of public hearing notice for June 1 June 1 BOCC public hearing and vote on I-502 regulations June 8 (additional BOCC meeting for vote, if necessary) June 11 Moratorium expires G:\PLANNING\I-502\I-502\Timeline for ag-I-502 regs 4-1-15.docx Planning Commission Meeting 04/01/2015 Page 22 of 16 Pl a n n i n g Co m m i s s i o n Me e t i n g 04 / 0 1 / 2 0 1 5 Pa g e 23 of 16