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HomeMy WebLinkAboutPC Agenda 07-16-2014JEFFERSON COUNTY PLANNING COMMISSION 621 Sheridan Street, Port Townsend, WA 98368 (360) 379-4450 PlanComm@co.jefferson.wa.us OBSERVER COMMENT We encourage public participation and welcome comments submitted anytime in writing or by email at the address shown above. We want to hear your ideas or concerns. The Observer Comment Period on the agenda is: •An optional time period dedicated to listening to the public – 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. When the Chair recognizes you to speak, please begin by stating your name and address. Audience members are asked to avoid disrupting the business being conducted and are welcome to interact informally with Planning Commissioners before or after the meeting and during the break. Please silence cell phones and other devices MEETING AGENDA Wednesday, July 16, 2014 at 6:30 P.M. Brinnon School, 46 School House Rd., Brinnon 6:30 PM A. OPENING BUSINESS: •Call to Order – Kevin Coker, Chair •Roll Call & Quorum of Members •Approval of Agenda •Approval of 07/02 Meeting Minutes •Staff Updates •Commissioner Announcements 6:45 PM B. CONTINUED BUSINESS: 1.Comprehensive Plan Update 2.Planning Commission Public Survey 8:00 PM Observer Comment 8:15 PM C. CLOSING BUSINESS: •Summary of today’s meeting – Follow-up action items •Agenda items for next meeting – August 6, 2014 at 6:30 pm at Tri-Area Community Center 8:30 PM D. ADJOURNMENT 2014 Meeting Schedule: Regular Planning Commission meetings are held the 1st Wednesday and the 3rd Wednesday of each month, or as otherwise scheduled. Meeting time and location may vary but will be announced in advance. Special meetings may also be convened as needed. All meetings are open to the public and noticed in the Leader newspaper. Learn more on the Planning Commission website at http://www.co.jefferson.wa.us/commdevelopment/PlanningCommission.htm PC  Meeting  | Page  1    WA S H I N G T O N S T A T E P A R K S A N D R E C R E A T I O N C O M M I S S I O N Do s e w a l l i p s S t a t e P a r k Pu g e t S o u n d I n i t i a t i v e Se w a g e T r e a t m e n t F a c i l i t y PC  Meeting  | Page  2    SE C 35 T 26 N. R 2 W , W .M . DO S E W A L L I P S ST A T E PA R K C I TY SITE PLAN WA PC  Meeting  | Page  3    3 Tr e a t m e n t Si t e Co n v e y a n ce Sy s t em Ph a s e 1 Pa r k co l l e c t i o n sy s t e m Co m p l e t e d 20 1 1 Ph a s e 2 Co n v e y a n c e sy s t e m Co m p l e t e d 20 1 1 Sc h o o l Fir e S t at i o n Ph a s e 3 Cl e a r i n g & gr a d i n g at tr e a t me n t si t e Co m p l e t e d 20 1 1 Ph a s e 4. Co n s t ru c t i o n of tr e a t m e n t fa c i l i t y By 20 1 5 Se w e r L i ne (S R 10 1 ) Phase 5 I nstalla t ion o f gr i nder pumps By 2015 Comfort Station Dosewallips \State Park Collection System Do s e w a l l i p s Ri v e r 5 Grinder Pump Station DO S E W A L L I P S SE W E R PR O J E C T Illustrative diagram not to scale PLEASANT HARBOR SEIS PROCESS & TIMELINE (dates are estimates) 2014 STEP WHO WHAT WHY WHEN 1 Applicant All Final Reports to Consultant For Production of Preliminary Draft SEIS July 28th 2 Consultant Preliminary/Working Draft SEIS to County For County & Applicant Review and comment August 4th (1 week) 3 County Staff Review & comment due back to Consultant Ensure accuracy and readability August 11th (1 week) 4 Consultant Produce Final Draft Incorporate staff & applicant comments August 25th (2 weeks) *5 County PC meeting & BoCC Afternoon Briefing Opportunity to inform of upcoming release, requirements, work schedule and requirements PC Meeting February 19th BoCC - Monday Afternoons in March 17th 6 County Notice of Availability, Press Release and Notice of Public Hearing To inform the public of availability Concurrent with Draft SEIS release –Step 7 7 County & Consultant Publish Final Draft and release to public Public review for 45 day public comment period September 8th (2 weeks) 9 County & Consultant Open House (Brinnon School Gym) – after release of the Draft but before end of comment period Present Project, Staff Report & Take Public Testimony and written comments October 1st 10 County Staff Review of public & agency comments Compile comments to address in Final SEIS 45 days after release of Draft SEIS October 15th 11 Consultant Produce Final SEIS Incorporate staff, agency and public comment – release to public - seven days before BoCC action. 60 day notice to Commerce – intent to amend UDC prior to BoCC decision December 24th (12 weeks) 12 County PC Public Hearing & Recommendation to BoCC Required per JCC 18.45.090 TBD 13 County BoCC deliberations to accept PC recommendation or hold Public Hearing Required per JCC 18.45.090 TBD 14 County BoCC Public Hearing or instruct staff to draft ordinance Required per JCC 18.45.090 TBD 15 County BoCC decision to adopt Development Agreement & regulations Required per JCC 18.45.090 TBD PC = Planning Commission BoCC = Board of County Commissioners * = Completed Prepared by Project Planner, David Wayne Johnson revised July 8th, 2014 PC Meeting | Page 4 PC Meeting | Page 5 Pleasant Harbor Master Planned Resort – Fact Sheet In 2006 the Statesman Group of Companies (Statesmen) applied to Jefferson County for a Comprehensive Plan amendment for a Master Planned Resort (MPR) designation. A programmatic EIS was completed in 2007, which addressed probable significant impacts that could occur as a result of this amendment and land use changes. In 2008, the approval of the Brinnon MPR included 30 conditions of approval (Ordinance 07- 0128-08) and a requirement for a project-level review of the proposal. A Supplemental Environmental Impact Statement (SEIS) is being prepared that provides a project-level review to supplement the programmatic environmental review completed with the 2007 EIS. The SEIS will include a Development Agreement between the County and Applicant, as well as development regulations as appendices. The SEIS includes two alternatives for up to 828 residential units, 52 staff housing units, 13,000 square feet of commercial space, 18 hole golf course, tennis courts, swimming pools, bocce ball court, parking and other amenities. The Marina, although included in the Resort boundary and zoning, is being developed under an existing vested Binding Site Plan and is not evaluated under the SEIS The Draft SEIS release is pending the Water and Wastewater Treatment plans scheduled to be completed July 28, 2014. Agencies, Planning Commission, interested parties and the general public will have the opportunity to comment on the Draft SEIS during a 45 comment period which will include a Public Open House in Brinnon to learn about, discuss and comment on the project and SEIS Comments will be reviewed and analyzed to determine necessary changes to the SEIS before final issuance. The Planning will hold a public hearing on the project as part of their process to make a recommendation to the Board of County Commissioners (BoCC) to either approve, approve with conditions, or deny the Development Agreement and Regulations for the new Resort. The BoCC will either accept the Planning Commission recommendation, or hold a public hearing before accepting or denying the Development Agreement and Regulations. Contact David Wayne Johnson at 360-379-4465 with questions, or email to: djohnson@co.jefferson.wa.us PC Meeting | Page 6 LAND USE AND RURAL • Chimacum Chirnacum is a historic commercial area that includes a post office and is located adjacent to the public school, therefore serving as a focal point for the local community. Existing uses sucli as a fann equipment and supply store serve nearby agricultural activities in the Chimacum Valley, while other uses such as mini-storage provide a community level of service. The logical boundary recognizes and contains existing commercial uses and provides for limited infill on a parcel along Chimacum Road. Four Comers The Four Comers NeighborhoodNisitor Crossroads, which historically served the nearby area with a sawmill, contains a convenience store and gas pump, a construction yard, and an auto recycling yard, an UPS distribution office, and a mini-storage rental. The boundary of this commercial area recognizes and contains the existing uses, and allows for limited infill development only through subdivision or redevelopment of existing parcels, all of which are developed. 3. General Crossroads -General Crossroads are existing corrunercial areas that provide a broad range of commercial goods and services for a higher population base in the northeastern part of Jefferson County. These areas provide several regional uses, as well as multiple uses at community levels of service. Uses in these areas include Convenience and NeighborhoodNisitor uses, as well as building materials, hardware and farm equipment, auto repair with subordinate auto sales, appliance sales and repair, clothing aod accessories, mini-storage, RV repair and sales, and an expanded range of specialty stores, professional services, and public and social service offices. Performance standards for general commercial uses shall allow for sizes and scales of new development larger than those for Neighborhood.Nisitor Crossroads, but be more limiting than those for Rural Village Centers. • State Route 19/20 Intersection Under the criteria for commercial crossroads boundaries, this area has been downsized considerably from 1994 zoning designations. Existing development on one side of State Route 19 was recognized and contained, consisting of a nursery/garden supply store, an auto dealership under a Binding Commercial Site Plan, and a vacant parcel with a vested building permit application. Commercial uses excluded from the crossroad include an auto repair business adjacent to residential uses and a drive-in movie theater. These uses have been excluded to limit access near an intersection with high traffic volumes and, prior to the installation of a traffic light, a relatively high incidence of accidents. Auto retail will be allowed in this crossroad only, in order to limit this regional commercial use from occurring in other crossroads. Rural Village Centers Rural Village Centers are established, historically settled areas with commercial uses that address most of the essential needs of the rural populat.ion. supply a large variety of goods and day-to-day services, and provide a broad range of professional and social services. The designated Rural Village Centers contain mixed residentiai and commercial uses, and are designated for residential as well as commercial uses according to historic patterns of mixed development. Rural Village Centers are intended to provide for a mixture of commercial, residential, and community/public services uses, The infill allowed takes into .account affordable housing goals through PC Meeting | Page 7 LAND USE AND RURAL limited multi-family (duplexes, triplexes) and assisted living/special needs housing, as well as by preserving the existing housing supply (sre Housing Element). In addition to residential and commercial uses, land for community clubs, churches, public facilities, and social services are necessary to meet projected population growth and to preserve conununity identity. The table below provides figures for net acreage available for infill based on the Assessor's lan,d use codes. Table 3-7 I fill A n I f R I Vill creage or ura age c enters Total Land within Land in Vacant Rural Village Center RVC Boundary Parcels Acres I%* 12.24 acres Brinn on 65.97 acres 29.16% 14.47 acres Quilcene 50.54 acres 28.63% • Undeveloped parcels are defined as parcels that have a land use code of 9100 (undeveloped and unused land area) in the Jefferson County Assessor's database. Source: C11mm1 l 11r1d Use Codes of Commercial and Industrial Zones in Jefferson County, Washington, October 21, 2004 I. Brinnon The historic community of Brinnon is located on U.S. Highway 101 at the mouth of the Dosewallips . River. The traditional community boundaries are the river on the south, the steep valley wall to the north, and Hood Canal on the east. The designated core area consists of mixed commercial and residential uses. Existing uses, such as a nursery and a mixed commerciaVresidential short plat with an existing mini-storage and a new post office, have been 'included in the RVC, which was modified through adoption of the Brinnon Subarea Plan in 2002. The boundary allows for areas of infill in Brinnon based on the distressed economy of the area as a result of decreased employment in logging and fishing. The seasonal increase iri the visitor population is expected to increase in the future as a result of ongoing regional growth in Puget Sound. Limited areas of infill in the Brinnon Rural Village Center will provide employment opportunities for local residents in the transition to a more diversified economy as Brinnon attempts to promote small-scale tourist and recreation-oriented businesses based on a location on Highway 101 adjacent to the Olympic National Park. Areas of limited infill are also provided in support of the community goal of an extended care or assisted living facility. A high priority for the community is a facility that allows elderly residents to stay in the community rather than moving away from family and friends to facilities elsewhere. 2. Quilcene -The historic community of Quilcene, similar to Brinnon, is distinct from the Port Hadlock and Port Ludlow communities because of a location at a distance from the Port Townsend UGA and a distressed economy due to the recent decline in forestry and fishing employment. Quilcene, located on Hood Canal and Highway 101 at the gateway to Olympic National Park, has an opportunity to serve visitors and seasonal residents to build a more diversified economic base. PC Meeting | Page 8  LAND USE AND RURAL LNP3.3 LNP3.4 LNP3.5 1.~ ••• ,... Rural residential densities shown on the Land Use Map shall be designated by three (3) residential land use densities: one dwelling unit per five (5) acres, one dwelling unit per ten (10) acres, and one dwelling unit per twenty (20) acres in size and subject to the following criteria: LNP3.3.1 LNP3.3.2 LNP3.3.3 A residential land use designation of one dwelling unit per 5 acres (RR 1 :5) shall be assigned to those areas throughout the County with: a. an established pattern of the same or similar sized parcels (i.e., 5 acres) or smaller sized existing lots of record; b. parcels of similar size (i.e., 5 acres) or pre-existing smaller parcels along the coastal areas; c. parcels immediately adjacent to the boundaries of the Rural Village Centers; and d. as an overlay to pre-existing developed "suburban" platted subdivisions. e. parcels designated as Forest Transition Overlay. A rural residential land use designation of one dwelling unit per 10 acres (RR 1:10) shall be assigned to those areas throughout the County with: a. an established pattern of the same or similar sized parcels (i.e., 10 acres); b. parcels along the coastal area of similar size; c. areas serving as a "transition" adjacent to Urban Growth Areas; and, d. critical area land parcels. A rural residential land use designation of one dwelling unit per 20 acres (RR I :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 laud area parcels; e. agriculture resource designated parcels; f. publicly owned forest lands; and g. lands adjacent to forest resource land. Review residential limited areas of more intensive rural development and consider measures to allow ·infill development at comparable densities. Measures shall be considered to limit and contain these areas to the logical outer boundary of the existing area or use once identified and designated. Designation of Residential LAMIRDs shall be through an amendment to the Comprehensive Plan. Allow minimum lot sizes within the designated boundaries of Rural Village Centers which are flexible and determined by such considerations as: septic or sewer availability, potable water availability, zoning and building regulations such as setbacks and parking requirements, fire prevention mea~ures, and community character. PC Meeting | Page 9 LNP3.6 LNP3.7 LAND USE AND RURAL Facilitate the multiple use function of Rural Village Centers (RVC) by establishin·g siting and design criteria to provide buffering and mitigation b.etween potentially incompatible uses. Provide a density exemption to allow the segregation of lots on a parcel containing more than one dwelling unit and one septic system, provided that the dwelling unit and septic system were constructed prior to the adoption of the Comprehensive Plan on August 28, 1998. RURAL COMMERCIA'L LAND USE LNG4.0 POLICIES: LNP4.1 LNP4.2 LNP4.3 LNP 4.4 LNP45 LNP4.6 LNP4.7 Establish and maintain the size and configuration of the County's Rural Village Centers and provide for the development of appropriately scaled commercial uses. The land use designation of Rural Village Center shall accommodate both commercial and residential land uses. Encourage a variety of commercial, retail, professional, tourist-related, community service, cottage industry, and residential uses, including duplexes, triplexes and assisted living facilities, within the designated boundaries of Rural Village Centers (RVC) at a scale appropriate to protect the rural character of the natural neighborhood. Establish logical outer boundaries based upon the criteria listed in RCW 36.70A.070(5)(d). Concentrate and contain the existing built environment through development regulations allowing for infill development within Rural Village Center boundaries. Ensure the provision of a variety of goods and day-to-day services and a limited range of professional, public, and social services through new infill development and existing development which addresses most of the essential needs of the rural population and the commuting/traveling public. Ensure visual compatibility of Rural Village Center commercial infill development with the surrounding rural area, through the creation and implementation of community based "rural character" design and development standards. Uses within Rural Village Centers shall be scaled and sized .to preserve the natural character of the neighborhood. Evaluate the need for revised development regulations in Quilcene following a community Local Utility District election regarding a public water system, in order to address issues related to the adequacy of commercial fire flow. PC Meeting | Page 10 LAND USE AND RURAL LNP6.2 LNP 6.1.1 (a) Home-based businesses in the West End shall be exempt from ·restrictions on the number of non-resident employees, hours of operations, and retail sales LNP 6.1.1 (b) Home-based businesses in the West End shall be exempt from requirements to move to a location designated for commercial or industrial uses if the operation is expanded or intensified bt!yond its original scope. Instead they may be pennitted conditionally at a non-residential location under provisions of RCW 36.70A.070(5)(d)iii. LNP 6.1.1 (c) Exemptions allowed under this section shall not be disruptive to the use of adjacent properties. No equipment or process shall be used in a home-based business which creates excessive noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the property.. Any hearings associated with regulation under or conditional permitting under LNP 6.1.l(b) shall be held in Western Jefferson_ County close to the residents who may be affected. LNP6.1.2 Home-based businesses in the Brinnon Planning Area shall be regulated according to provisions established in the Brinnon Subarea Plan for the Brinnon Planning Area-Remote Rural overlay district. The intent of the Brinnon Planning Area-Remote Rural overlay district is to allow for expanded rural-compatible employment opportunities in a sparsely populated rural area that is isolated and remotely located from commercial and urban growth areas. The Brinnon Planning Area is characterized by high unemployment, a distressed resource-based economy, low residential densities, and a very limited projected 20-year population growth. Pennit cottage industries conducted by the owner or lessee of the property, who shall reside within tbe 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. LNP6.2.1 Cottage industries in Western Jefferson County shall be regulated according to the following provisions in order to provide employment opportunities in a unique area that is isolated and distant from commercial and urban growth areas. This region is characterized by high unemployment, a distressed economy, low residential densities, and a total pr_ojected 20-year population growth of 43 persons. LNP 6.2.1 {a) Cottage industries in the West End shall he exempt from restrictions on the number of non-resident employees, types of uses and retail sales, hours of operation, and outdoor storage. PC Meeting | Page 11 LAND USE AND RURAL LNP 6.2.1 (b) Cottage industries in the West End shall be exempt from the requirement to move to a location designated for commercial or industrial uses if the operation is expanded or intensified beyond its original scope. Instead they may be permitted conditionally at a non-residential location under provisions of RCW 36.70A.070(5)(d)iii. LNP 6.2.1 (c) Exemptions allowed under this section shall not be disruptive to the use of adjacent properties. No equipment or process shall be used in a home-based business which creates excessive noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the property. Any hearings associated with regulation of cottage industry or conditional permit review procedures shall be held in Western Jefferson County close to the residents who may be affected. LNP 6.2.2 Cottage industries in the Brinnon Planning Area shall be regulated according to provisions established in the Brinnon Subarea Plan for the Brinnon Planning Area-Remote Rural overlay district. The intent of the Brinnon Planning Area-Remote Rural overlay district is to allow for expanded rural-compatible employment opportunities in a sparsely .populated rural area that is isolated and remotely located from commercial and urban growth areas. The Brinnon Planning Area is characterized by high unemployment, a distressed resource-based economy, low residential densities, and a very limited projected 20-year population growth. SMALL-SCALE RECREATIONAL AND TOURIST RELATED USES LNG7.0 POLICIES: LNP7.l LNP7.2 LNP7.3 Foster economic development in rural areas which is small-scale recreational or tourist-related and that relies on a rural location and setting. Small-scale recreational or tourist uses shall be provided for through a permitting process appropriate to the type of proposed use and the land use district in which it is proposed. Small-scale recreational or tourist uses shall demonstrate under the permit review process that the proposed wholly new location or use or expansion of existing location or use is reliant upon a p~~ular rural location and setting. Small-scale recreational or tourist uses shall be defined as those uses reliant upon the rural setting, incorporating the scenic and natural features of the land. Under no circumstances should this policy be interpreted to permit new residential development, except that necessary for on-site management, or a Master Planned Resort pursuant to RCW 36.70A.360. PC Meeting | Page 12 LAND USE AND RURAL CAPITAL FACILITIES GOAL: LNG 9.0 POLICIES: LNP9.1 LNP9.2 LNP9.3 LNP9.4 LNP9.5 LNP9.6 L NP 9.7 Limit the establishment or expansion of urban-style development and infrastructure to areas designated for urban growth. Ensure that expansion of urban-style infrastructure occurs only in coordination with designated land uses based.on projected growth estimates. Periodically review and update the Coordinated Water System Plan (CWSP) to ensure consistency with the joint population projection and all land use designations. Ensure that any impact fees adopted by the County require that a "fair share" of development co* are borne by the developer. Land use decisions should consider cost efficiency regarding publicly-funded infrastructure. Ensure that where the County assumes maintenance responsibilities for infrastructure, · the infrastructure is adequately designed to meet the area growth projections and to fulfill the functions the infrastructure is intende~ to perform. Require the provision prior to or concurrent with development of an appropriate level of facilities and services. These services shall include. but are not limited to, potable water supply, commercial fire flow, adequate sewage disposal, and roads, including sidewalks and pathways if safety is an issue. Ensure that rural areas are served by a rural level of public services. Allow communit) water facilities and community sewage facilities-in rural lands in order to support project<.:d growth, or where necessary to prutcct public health and safety. INDUSTRIAL LAND USES LNG 10.0 POLICIES: LNP 10.1 Identify and designate sufficient land area within the county for illdustrial uses and economic development. .. Major industrial developments (Mills) may be sited outside of Urban Growth Areas consistent with the UDC and all the criteria in RCW 36.70A.365. PC Meeting | Page 13 LAND USE AND RURAL Figure BR-6 F Rural Village Center (RVC) Boundary BRINNON SUBAREA PLAN -FINAL RVC 1000 0 1000 2000 Feet '°'~"'°""""~°"'.,_ -c--... -·-~"'------........... -....,...0 .... . --........ o...~ .... ~ .. ...... .,."'" __ _,,"' ............ ..._. >--C.-.,~0..----.,_. ... -..c.--....,. . .r-.-1 . .....,a PC Meeting | Page 14 Figure BR-6 Interim Rural Village Center (RVC) Boundary Subarea Plan RVC Boundary ~ Subarea Plan Light Industrial District Indicates Subarea Plan Boundary Divides Parcels BRINNON SUBAREA PLAN -RVC & LIGHT INDUSTRIAL 1000 0 1000 2000 Feet PC Meeting | Page 15 Figure BR-6 EP ~ Smal~scate Business & Cottage lndustiy (SBCI) °""1ay Disttict Gill] Rural Vrllage Cenler (RVC) Boundaly BRINNON SUBAREA PLAN EPILOGUE -RVC & SBCI OVERLAY PC Meeting | Page 16 STATE OF WASHINGTON County of Jefferson AN ORDINANCE AMENDING THE } BRINNON SUB-AREA PLAN, THE } COUNTY'S COMPREHENSIVE PLAN } AND THE UNIFIED DEVELOPMENT } CODE IN ORDER TO ACID.EVE } COMPLIANCE WITH THE } JUNE 23, 2004 COMPLIANCE ORDER } OF THE WESTERN WASHING TON } GROWTH MANAGE1\1ENT } HEARINGS BOARD } Ordinance #11-1004-04 WHEREAS, the proposed Comprehensive Plan amendment known as MLA #02- 246 was approved after early and continuous public participation by the Board during the second week of December 2002, said CP amendment making the Brinnon Sub Area Plan (the "BSAP") part of the County's C_omprehensive Plan; and . WHEREAS, the Board also adopted in December 2002, through the same Ordinance, Ordinance #13-1213-02, changes to the County's Unified Development Code, or "UDC;" and WHEREAS, an unincorporated group known as the Better Brinnon Coalition timely appealed the County's legislative decisions relating to the BSAP to the Western Washington Growth Management Hearings Board ("WWGMHB") with a Petition for Review (or "PFR;") and WHEREAS, after full briefing by the representatives of the respective parties and a Hearing on the Merits held in June 2003, the WWGMHB issued an Amended Final Decision and Order ("AFDO") on November 3, 2003; and WHEREAS, the AFDO upheld the County and found the County compliant with respect to all but two of the allegations made in the PFR filed by the BBC; and WHEREAS, the AFDO found that the County had not satisfied the State Environmental Policy Act or "SEP A" because it had not adequately studied the probable significant adverse environmental impacts, if any, of the changes proposed to the PC Meeting | Page 17 ORDINANCE N0.11-1004-04 Page:2 County'g Compr@h@ndv@ Plill, L~md U!~e Mllp and th~ Collftty1s development regulations, known as the Unified Development Code or UDC; and WHEREAS, the AFDO also concluded that a Light Industrial district, formally known as a RCW 36.70A.070(5)(d)(i) Limited Area of More Intensive Rural Development_ or "LAMIRD," of some 22 acres immediately north of the Brinnon Rural Village Center (or "RVC") did not comply with the GMA; and WHEREAS, a Compliance Hearing before the Western Washington Growth Management Hearings Board (or "WWGMHB") was held on April 13, 2004 to determine if the County had achieved Compliance with respect to the two issues listed above: an adequate environmental impacts analysis as is required by SEP A and a GMA-compliant zoning designation for the 22 acres immediately north of the Brinnon RVC; and WHEREAS, the County, according to the June 23, 2004 Compliance Order, succeeded in gaining GMA compliance on the SEP A issues but its alternative for the 22 acres (an overlay designation permitting small businesses and cottage industries to utilize those 22 acres) was rejected by the WWGMHB as not being compliant with GMA; and WHEREAS, since the County must take steps to bring those 22 acres into compliance with the GMA, the Board makes the following Findings of Fact 1. RCW Chapter 36.70A, et seq., also known as the Growth Management Act (''GMA"), allows counties planning under the GMA to adopt subarea plans that are consistent with their comprehensive plans. 2. Jefferson County adopted the current Jefferson County Comprehensive Plan August 28, 1998. The Comprehensive Plan has been amended since adoption. The Brinnon Subarea Plan is the first subarea plan proposed to be included in the Comprehensive Plan. 3. On December 18, 2000, Jefferson County adopted the Unified Development Code ("UDC") as the implementing regulations for the Comprehensive Plan. The UDC, as amended, provides for the initial adoption of a subarea plan as an exception to the annual Comprehensive Plan amendment process (UDC 9.3.1.b), in compliance with the GMA. Amendments to the UDC can be considered at any time (UDC 9.9.1). 4. The Planning Conunission recommended a Brinnon Subarea Plan to implement the Jefferson County Comprehensive Plan goals, policies and directives to promote ''bottoms up" community planning and to increase economic development potential in South County consistent with the rural character of the community. PC Meeting | Page 18 ORDINANCE NO. 11-1004-04 Page:3 5. In particular, the Brinnon Subarea Plan is intended to implement and fulfill land use policy 4.8 (LNP 4.8 at page 3-70) in the Comprehensive flan, which states, "Assist the community of Brinn on, within the limits of available resources, in a public process to investigate the feasibility of an additional location for future commercial development, through a comprehensive study to examine factors including but not limited to environmental issues, economic viability, future growth projections, and infrastructure requirements, consistent with GMA requirements." 6. The Comprehensive Plan text, at pages 3-14 and 3-19, describes the economy of the Brinnon area as "distressed" and promotes the diversification of the South County economy. 7. Jefferson County adopted a community plan for Brinnon on January 20, 1982 via Resolution 9-82. In the early 1990s, the Brinnon community updated the Brinnon community plan and submitted the updated version to the County in May of 1995. The 1995 Brinnon community plan itself was not adopted, but information from the 1995 plan was incorporated into the 1998 Jefferson County Comprehensive Plan. 8. After much community input, dozens of meetings and much analysis by County staff and this Board a Preferred alternative draft BSAP dated May 1, 2002 was presented to this Board. 9. Ordinance #13-1213-02 for MLA #02-246 enacted by the Board during the second week of December 2002, made the Brinnon Sub Area Plan (the "BSAP") part of the County's Comprehensive Plan. 1 O. That same Ordinance also made effective related changes to the County's Unified Development Code, or "UDC." 11. An appeal of Ordinance #13-1213-02 followed. 12. The AFDO issued by the WWGMHB upheld the County and found the County compliant with respect to all but two of the allegations made in the PFR filed by the BBC. 13. The WWGMHB concluded in the AFDO that the County had A) inadequately studied the probable significant adverse impacts of more intensive rural commercial development in and around the vicinity of the Brinnon Rural Village Center (the unincorporated village of Brinnon), an area sometimes ca11ed "the Brip.non Flats" and B) created a Light_Industrial LAMIRD in violation ofRCW 36.70A.070(5)(d)(i). 14. The Brinn on Light-Industrial Limited Area of More Intensive Rural Develo_Rment (or "LAMIRD") on the upland 21.6 acres was found to be non-compliant in the.AFDO by the WWGMHB because it could not meet the statutory criteria laid out in RCW 36.70A.070( 5)( d)(i). PC Meeting | Page 19 ORDINANCE NO. 11-1004-04 Page:4 15. In other words, the Light Industrial LAMlRD was non-compliant as a ~'(d)(i)" type LAMIRD, one of at least three types of LAMIRD now p~rmitted by the state law codified at RCW 36.70A.070(5)(d). 16. The County held the belief that those 21 .6 acres met the statutory criteria for a different type ofLAMIRD, a so-called "(d)(iii)" LAMIRD because they supposedly met the qualifications laid out in the first sentence of the GMA provision codified at RCW 36. 70A.070( 5)( d)(iii). 17. The first sentence of RCW 36.70A.070(5)(d)(iii) allows as a type ofLAMIRD "the intensification of development on lots containing isolated nonresidential uses or~ development of isolated cottage industries and isolated small-scale businesses that are not principally designed to serve the existing and projected rural population and nonresidential uses, but do provide job opportunities for rural residents." (Emphasis supplied in this Ordinance.) 18. In light of the abov_e, the County enacted in Ordinance #01-0301-04,..for those 21.6 acres a so-called SBCI ("Small Business-Cottage Industry) overlay. While the underlying zoning designation of the 21.6 acres remained Rural Residential, the County's UDC, as then enacted, allowed for development of new small business and cottage industries employing multiple employees to commence business within the SBCI overlay zone. 19. owever, the WWGMHB found that because the SBCI overlay of21.6 acres was immediately adjacent to the Brinnon RVC it was not "isolated," a phrase found in the applicable portion of the GMA, from other LAMIRDs, and thus was non-GMA compliant. The Compliance Order reaches this conclusion at Findings of Fact #7 and#8. 20. Additionally, the WWGMHB found the SBCI to be out of compliance with the GMA because it was immediately adjacent to the Brinnon RVC and both LAMIRDs (the RVC zone and the SBCI overlay) allowed the same types of uses. The Compliance Order reaches this conclusion at Finding of Fact #12. 21. The Board is normally required to consider with respect to any proposed Comprehensive Plan amendment the "Growth Management Indicators," or GMI. 22. The Eoard finds that the Growth Management Indicators need not be analyzed in this Ordinance because this Ordinance is being enacted in response to a Compliance Order. 23. The possible adoption of this Ordinance was advertised in the County's official newspaper of record (THE JEFFERSON COUNTY LEADER) on September 22, 2004 and this Ordinance was the subject of a public hearing more than ten (10) days after that advertisement, specifically on October 4, 2004. PC Meeting | Page 20 ORDil\ANCE N0.11-1004-04 Page: 5 NOW THEREFORE BE IT ORDAINED as follows: Section One: · The Brinnon Subarea Plan, specifically the version entitled ''Board of County Commissioners Preferred Alternative Draft, May 1, 2002, Modified from.January 16, 2002 Draft Recommended by Planning Commission, and August 28, 2001 Draft Recommended by Brinnon Subarea Planning Group," be and hereby is amended by the d e/etio11 of the Brinnon Subarea Plan Epilog dated February 9, 2004, made part of the Brinnon Subarea Plan by Ordinance #01-0301-04. Section Two: Sections Two, Three and Five of Ordinance #01-0301-04 be and hereby are repealed pursuant to the Compliance Order issued on June 23, 2004 by the Western Washington Growth Management Hearings Board in WWGMHB Cause No. 03-2-007. Section Three: The 21.6 acres that were the location of the non-GMA compliant SBCI overlay zone shaJI have a zoning designation of Rural Residential. Approved and adopted this 4th day of October , 2004. J)anTitterness,l\.1elllber APPROVED AS !R FORM: J I cDo/nJ ~ q J'S l°lf Prosecuting Attorney~ BOARD OF COUNTY COMMISSIONERS PREFERRED ALTERNATIVE DRAFT MAY 1, 2002 MODIFIED FROM JANUARY 16, 2002 DRAFT RECOMMENDED BY PLANNING COMMISSION AND AUGUST 28, 2001 DRAFT RECOMMENDED BY BRINNON SUBAREA PLANNING GROUP A Chapter of the Jefferson County Comprehensive Plan Brinnon Subarea Plan Tentative Jeff Co Planning Commission Calendar for 2014 - 2015, subject to revision Updated May 13, 2014 S M T W T F S 1 2 3 4 5 2-Jul Outreach meeting : Gardiner Community Center, 6:30 pm 6 7 8 9 10 11 12 13 14 15 16 17 18 19 16-Jul Outreach meeting: Brinnon Elementary School Gym, 6:30 pm 20 21 22 23 24 25 26 27 28 29 30 31 S M T W T F S 1 2 3 4 5 6 7 8 9 6-Aug Return to Tri-Area Community Center: Continue to work on topics 10 11 12 13 14 15 16 17 18 19 20 21 22 23 20-Aug No meeting: return to one meeting per month 24 25 26 27 28 29 30 31 S M T W T F S 3-Sep Tri-Area Community Center: Continue to work on topics 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 S M T W T F S 1-Oct Tri-Area Community Center: Continue to work on topics 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 S M T W T F S 1 5-Nov Finalize PC language for Periodic Assessment proposal - 2 3 4 5 6 7 8 UDC and CP amendments proposed 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 S M T W T F S 1 2 3 4 5 6 3-Dec Continue to work on topics, review outstanding issues 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 DECEMBER July - Dec 2014 NOVEMBER JULY AUGUST SEPTEMBER OCTOBER PC Mtg Calendar 2014_periodic assessment_2014-05-13.xlsx Tentative Jeff Co Planning Commission Calendar for 2014 - 2015, subject to revision Updated May 13, 2014 Jan - Mar Staff time to perfect the amendment proposal 1-Mar-15 Final CPA and UDC amendments proposed and subitted for annual cycle Staff prepares Preliminary Docket for public review by the end of the second full business week of March of each year. April-15 Planning Commission Hearing on Suggested amendments on preliminary docket Planning Commission report and recommendation to BoCC on Suggested amendments on preliminary docket 6-Jul-15 Possible BoCC public hearing July/August 2015 Sep-15 Sep-15 Possible BoCC Public Hearing BoCC Decision February 2016 Possible appeals filed July 2016 Compliance due November-15 14-Dec-15 Jan - Dec 2015 13-Mar-15 DCD Staff Report stating which suggested amendments should be 11-May-15 BoCC consider preliminary docket by the second regular BoCC BoCC adopts Final Docket DCD review and recommendation of Final Docket, including SEPA review Planning Commission review of Final Docket & at least one Public Hearing October-15 Planning Commission recommendation on Final Docket to BoCC October-15 Optional BoCC workshop to review the Planning Commission recommendation PC Mtg Calendar 2014_periodic assessment_2014-05-13.xlsx 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 1 | P a g e Jefferson County Planning Commission Periodic Update Survey 1. In what area of the county do you live? Port Hadlock Port Ludlow Port Townsend (Unincorporated area) Chimacum Shine Coyle Quilcene Brinnon Gardiner Marrowstone West End Other (please specify) _________________________________ 2. What is your preferred method for receiving notices and information on future Planning Commission meetings? Newspaper Announcement Email Flyer at community center Flyer at post office Flyer at store Notice in local paper/newsletter/email group Other (please specify) _________________________________ 3. How familiar are you with the Jefferson County Comprehensive Plan? Very Familiar Somewhat Familiar Know it exists Never heard of it 4. Please rank these goals in importance to you, personally on a scale of 1-6, one being the most important? (1=highest) 1. Maintain and encourage a small town rural atmosphere 2. Promote, encourage, and reinforce a sense of community identity 3. Maintain a balanced community that continues to provide for and encourage a diversity of activities, interests, and lifestyles 4. Protect and enhance the natural environment 5. Maintain and encourage economic growth and stability 6. Ensure and protect property owners' rights 7. Other (please specify) _________________________________ 2 | P a g e 5. The Comprehensive Plan governs how land is used in the county; how many, what type, and where we place business, homes, farms, etc. This affects privacy, noise, congestion, appearance, shopping opportunities, tourism, and your enjoyment of your home. Considering the six goals listed in question 4, how satisfied are you with the current land use in your area? Very Happy So-So Unhappy Comments? _________________________________ 6. What is the best thing about your area? _________________________________ 7. What is the first thing you would fix in your area? _________________________ 8. What does your area need the most right now? Please rank them with number 1 being the most important. 1.Multi-family housing 2.Senior housing 3.Affordable Housing 4.More local businesses 5.Jobs 6.Better public transportation 7.Environmental Protection 8.More aquaculture 9.More local farms 10. More small residential sites 11. Open the hotel 12. More business zoning 13. More Public Recreation spaces 14. Other (please specify) _________________________________ 8.Optional: Provide your name and email address if you would like to be added to the Planning Commission email list. Name: __________________________________________ Email: ___________________________________________ Date of response: _________________________________ Please return this survey to: Jefferson County DCD 621 Sheridan St Port Townsend, WA 98368 Or email to: PlanComm@co.jefferson.wa.us JEFFERSON COUNTY PLANNING COMMISSION 621 Sheridan Street, Port Townsend, WA 98368 (360) 379-4450 PlanComm@co.jefferson.wa.us www.co.jefferson.wa.us/commdevelopment/PlanningCommission Jefferson County Planning Commission Meeting Minutes 07/02/2014 1 of 2 REGULAR MEETING Meeting Minutes for July 2, 2014 Gardiner Community Center Call to Order at 6:40 pm ROLL CALL District 1 District 2 District 3 Coker Felder Miller Smith Farmer Sircely Brotherton Giske Hull LATE AE AU LATE P P P AU P P=Present, X=Vacant, AE=Absent Excused, AU=Absent Unexcused Jefferson County Staff Present: ●Carl Smith, DCD Director ●Donna Frostholm, Associate Planner ●Elizabeth Williams, Planning Clerk Public in Attendance: 8 NO QUOROM PRESENT AT ROLL CALL STAFF UPDATES Carl Smith: Announced Elizabeth Williams as the new Administrative Clerk hire. Two Planners have been hired and will be joining DCD soon. Kevin Coker joined the meeting at 6:43 pm. Quorom present. Carl Smith: The County is organizing a public meeting in the near future with other state agencies to address marijuana issues. Has been working with Laura Lewis, of WSU Extension, to tackle Critical areas and Agriculture issues on July 17 at the Chimacum Grange. Lorna Smith joined the meeting at 6:46 pm. Kevin Coker: 6:47 pm Moved to approve the 06/04/14 meeting minutes. 3 in favor. 0 opposed. 2 abstained. Kevin Coker: Would like a public notice in the Forks Forum announcing the online availability of the 06/04 meeting minutes. COMPREHENSIVE PLAN Carl Smith: Introduced Donna Frostholm as the Community Planner for the Gardiner area. Donna Frostholm: Described the Gardiner area as addressed in the Comprehensive Plan –Rural Residential with very few parcels zoned as Neighborhood Commercial and Agriculture. The intended purpose of the zoning designations described in the Gardiner Community Development Plan is to include commercial goods for the area and people traveling along Hwy 101. PUBLIC COMMENT Herb Cook: What’s the process for updating the Comprehensive Plan? Carl Smith: Provided a timeline, list of changes to be provided by Fall ’14. Herb Cook: What changes may affect the Gardiner area? Donna Frostholm: There is a GMA requirement to address Critical Areas in agricultural lands. The existing agricultural uses are grandfathered, though any proposed expansion of JEFFERSON COUNTY PLANNING COMMISSION 621 Sheridan Street, Port Townsend, WA 98368 (360) 379-4450 PlanComm@co.jefferson.wa.us www.co.jefferson.wa.us/commdevelopment/PlanningCommission Jefferson County Planning Commission Meeting Minutes 07/02/2014 2 of 2 agricultural use could possibly be affected due to this requirement. Kevin Coker: The County needs to address what is allowed structurally, such as agricultural worker housing/hoops on agriculturally-zoned lands. Richard Hull: Any requested changes by the residents of Gardiner? Richard Bennett: No change to current Comprehensive Plan preferred. Any progress to previous inquiries about RV Park proposed in 2010? Donna Frostholm: There was a pre-application conference but a lot of community opposition to the project. No official application has been submitted. Will collect project information and submit it to Mr. Bennett. Kevin Coker: At the previous Gardiner area outreach meeting, which took place two years ago, residents expressed a desire to include public bus stops along Old Gardiner Rd. The Planning Commission did pass the information on to Jefferson Transit, but Transit unfortunately did not conduct any changes. Herb Cook: Mr. John Austin, of the Board of County Commissioners, has been very responsive to concerns of Gardiner residents. Next Planning Commission meeting will be held on 07/16/14 at 6:30 pm at the Brinnon School. Adjourned at 7:20 pm Approval of Minutes These meeting minutes were approved this ____________ day of ___________________________, 2014. ________________________________________ _________ ______________________________________________________________ Kevin Coker, Chair Elizabeth Williams, PC Secretary/Administrative Clerk