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HomeMy WebLinkAboutAgenda PC 2017 05-17Jefferson County Planning Commission MEETING AGENDA Tri-Area Community Center May 17, 2017 P: 360-379-4450 621 Sheridan St. F: 360-379-4451 Port Townsend WA 98368 plancomm@co.jefferson.wa.us 5:30 pm OPENING BUSINESS  Call to Order/Roll Call  Approval of Agenda  Approval of previous Meeting Minutes, if available  Commissioner Announcements  Director Updates 6:00 pm DISCUSSION Topic Comprehensive Plan Update  Land Use - Rural  Essential Pubic Facilities Critical Areas Ordinance update  Wetlands 7:00 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 … i 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; ii Offered at the Chair’s discretion when there is time; iii Not a public hearing – comments made during this time will not be part of any hearing record; iv May be structured with a three-minute per person time limit. 7:15 pm CLOSING BUSINESS  Summary of today’s meeting  Follow-up action items  Agenda Items for the following Planning Commission meeting 7:30 pm ADJOURNMENT  Thank you for coming and participating in your government at work! Land Use & Rural Goals and Policies Goal or Policy Description Action Reason Preliminary Draft – last update: 5/10/2017 - G:\PLANNING\Planning Commission MASTER FOLDER\PC General\PC 2017\5.17.17 Agenda\Preliminary Draft Land Use Goals and Policies.docx 1 | P a g e Purpose The Rural Character of Jefferson County is important and must be protected. The purpose of the Land Use and Rural Element is to have goals and policies in place to guide how the land is used and developed in order to protect rural character, foster economic opportunities, conserve natural resources and protect critical areas. N/A N/A LNG 1.0 Ensure consistency between the Growth Management Act, the County-wide Planning Policy, this Comprehensive Plan, land use and zoning maps, the Unified Development Code, Western Washington Growth Management Hearings Board decisions, other related policies and regulations, and all land use, environmental and development decisions and approvals. Retain Still valid LNP 1.1 Incorporate opportunities for continuous and ongoing public participation into both the comprehensive planning process and the implementation of the resulting Comprehensive Plan. Retain Still valid LNP 1.2 Acknowledge and protect the rights of private property owners in preparing land use, development, and environmental regulations, prohibit arbitrary and discriminatory actions, and preserve reasonable uses for regulated properties Retain Still valid LNP 1.3 Review and amend the Comprehensive Plan consistent with the requirements of the Growth Management Act., and maintain consistency with the Comprehensive Plan when amending the Unified Development Code. Revisions to the Land Use Map may be considered on an annual basis, and shall be in strict compliance with the Comprehensive Plan criteria. Revise Codified under JCC Chapter 18.45 LNP 1.4 Maintain consistency with the Comprehensive Plan when amending the Unified Development Code. Consolidate With LNP 1.4 LNP 1.5 Encourage the use of innovative site planning and design techniques, including lot consolidation opportunities, as a means of preserving rural character, open lands, and protecting the natural environment through development regulations, such as Farm Conservation Plans. Revise Per Jefferson County Conservation District LNP 1.6 If the County chooses to adopt an impact fee ordinance, determine through a public process how to apportion the fair share of funding for required public facilities, services, and amenities. Retain Still valid Land Use & Rural Goals and Policies Goal or Policy Description Action Reason Preliminary Draft – last update: 5/10/2017 - G:\PLANNING\Planning Commission MASTER FOLDER\PC General\PC 2017\5.17.17 Agenda\Preliminary Draft Land Use Goals and Policies.docx 2 | P a g e LNP 1.7 Ensure appropriate services are provided as needed and that the duplication of services is avoided by promoting the coordination of local governmental agencies, non-profits, cooperatives, educational institutions, programs and planning. Revise Per Jefferson County Conservation District LNP 1.8 Ensure that land use permitting processes are both predictable and timely. Delete Addressed thru Square One and Upfront review LNP 1.10 The annexation of unincorporated territory in Jefferson County shall occur in a manner consistent with State law. Retain Still valid LNP Establish land use goals and policies in the Land Use Element of this plan that are internally consistent with and reflective of the goals and policies of all other elements of the Plan and include provisions for implementation strategies into the policies whenever possible. New Move from LNG 2.0 LNP Consider adopting Build Green, Low Impact Development or LEED type standards for all development. New Per Staff RURAL RESIDENTIAL LAND USE LNG 2.0 Establish land use goals and policies in the Land Use Element of this plan that are internally consistent with and reflective of the goals and policies of all other elements of the Plan. Move To LNP 1. LNP 2.1 Include provisions for implementation of goals and policies of all elements and chapters of the Plan in the overall land use strategy. Move To LNP 1. LNG 3.0 Ensure that rural residential development preserves rural character, protects rural community identity, is compatible with surrounding land uses, and minimizes infrastructure needs. Retain Still valid LNP 3.1 Identify and encourage diverse rural land uses and densities which preserve rural character and rural community identity. Proposed rural residential densities shall allow for an adequate supply of appropriately zoned land based upon the County’s rural population projections and needs while maintaining rural character and rural community identity, preserving rural resource-based uses, and avoiding sprawl. Revise Still valid Land Use & Rural Goals and Policies Goal or Policy Description Action Reason Preliminary Draft – last update: 5/10/2017 - G:\PLANNING\Planning Commission MASTER FOLDER\PC General\PC 2017\5.17.17 Agenda\Preliminary Draft Land Use Goals and Policies.docx 3 | P a g e LNP 3.2 Encourage the development and adoption of new technologies such as alternative wastewater and energy systems that minimize infrastructure costs, reduce environmental impacts, and maintain rural character. New Per Stakeholders LNP 3.2 Establish rural residential land use densities for all lands located outside of designated Urban Growth Areas. Proposed rural residential densities shall allow for an adequate supply of appropriately zoned land based upon the County’s rural population projections and needs while maintaining rural character and rural community identity, preserving rural resource-based uses, and avoiding sprawl. Consolidate Consolidate with LNP 3.1 LNP 3.3 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: Delete Codified under JCC 18.15.015 LNP 3.3.1 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. Delete Codified under JCC 18.15.015 LNP 3.3.2 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, Delete Codified under JCC 18.15.015 LNP 3.3.3 A rural residential land use designation of one dwelling unit per 20 acres (RR 1:20) shall be assigned to those areas throughout the County with: Delete Codified under JCC 18.15.015 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; Land Use & Rural Goals and Policies Goal or Policy Description Action Reason Preliminary Draft – last update: 5/10/2017 - G:\PLANNING\Planning Commission MASTER FOLDER\PC General\PC 2017\5.17.17 Agenda\Preliminary Draft Land Use Goals and Policies.docx 4 | P a g e c. areas serving as a “transition” to Urban Growth Areas or the Port Ludlow Master Planned Resort; d. critical land area parcels; e. agriculture resource designated parcels; f. publicly owned forest lands; and g. lands adjacent to forest resource land. LNP 3.4 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. Delete No Residential LAMIRDs in Jeffco and we already allow infill of vacant lots that have been platted as legal lots of record. LNP 3.5 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 measures, and community character. Move To LNP 4. LNP 3.6 Facilitate the multiple use function of Rural Village Centers (RVC) by establishing siting and design criteria to provide buffering and mitigation between potentially incompatible uses. Delete Codified under JCC 18.30.050 LNP 3.7 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. Delete Codified under JCC 18.30.050(4) RURAL COMMERCIAL LAND USE LNG 4.0 Establish and mMaintain the size and configuration of the county’s Rural Village Centers and provide for the development of appropriately scaled commercial, residential and mixed uses. Revise For accuracy LNP 4.1 The land use designation of Rural Village Center shall accommodate both commercial and residential land uses. Delete Redundant – see LNG 4.0 & LNP 4.2 Land Use & Rural Goals and Policies Goal or Policy Description Action Reason Preliminary Draft – last update: 5/10/2017 - G:\PLANNING\Planning Commission MASTER FOLDER\PC General\PC 2017\5.17.17 Agenda\Preliminary Draft Land Use Goals and Policies.docx 5 | P a g e LNP 4.2 Encourage a variety of commercial, retail, professional, tourist-related, community service, cottage industry, and residential uses, through infill development, 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. that ensure availability of day-to-day goods and services, at a scale that preserves the natural character of the neighborhood. Revise To consolidate with LNP 4.5 & 4.6 LNP Support flexibility in economic development by considering the use of the Discretionary “D” Use process instead of a Conditional and/or some Prohibited uses in rural commercial zones. New Per PC and Staff LNP 4.3 Establish logical outer boundaries based upon the criteria listed in RCW 36.70A.070(5)(d). Delete Done in 1998 LNP 4.4 Concentrate and contain the existing built environment through development regulations allowing for infill development within Rural Village Center boundaries. Delete Codified under JCC 18.30.050 LNP 4.5 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. Consolidate With LNP 4.2 LNP 4.6 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. Consolidate With LNP 4.2 LNP 4.7 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. Delete Water system done, but no additional capacity for fire flow per EH LNG 5.0 Establish and mMaintain the location and size of the County’s Rural Commercial Crossroads to provide access to a limited range of non- residential uses. Revise For accuracy LNP 5.1 All rural commercial lands shall be designated based on the provisions of the Growth Management Act (RCW 36.70A). Delete Done in 1998 Land Use & Rural Goals and Policies Goal or Policy Description Action Reason Preliminary Draft – last update: 5/10/2017 - G:\PLANNING\Planning Commission MASTER FOLDER\PC General\PC 2017\5.17.17 Agenda\Preliminary Draft Land Use Goals and Policies.docx 6 | P a g e LNP 5.2 Designate the following historic crossroads as Convenience Crossroads (CC) as shown on the Land Use Map: Nordland, Beaver Valley, and Wawa Point. Delete Done and Codified under JCC 18.15.015(2)(d) LNP 5.2.1 Designation is based on the criteria in the Growth Management Act and the following additional criteria: a. Consists of a single commercial property; and b. Provides local rural population and commuting/traveling public with basic consumer goods and services. Delete Codified under JCC 18.15.015(2)(d) LNP 5.2.2 Limit uses and their scale within the designated boundary of each of the Convenience Crossroads to those involving basic consumer goods and services. Delete Codified under JCC 18.15.040 LNP 5.3 Designate the following historic crossroads as Neighborhood/Visitor Crossroads (NC) as shown on the Land Use Map: Chimacum, Discovery Bay, Four Corners, Gardiner, and Mats Mats. Delete Codified under JCC 18.15.015(2)(c) LNP 5.3.1 Designation is based on the criteria of the Growth Management Act and the following additional criteria: a. Multiple commercial properties; and b. Includes limited specialty goods and professional services; and c. Serves the local rural population and the commuting/traveling public. d. critical area land parcels. Delete Codified under JCC 18.15.015(2)(c) LNP 5.3.2 Limit uses and their scale within the designated boundaries of each of the designated Neighborhood/Visitor Crossroads to those involving basic consumer staples with a limited range of goods and services and/or serving the commuting/traveling public. Delete Codified under JCC 18.15.040 LNP 5.3.3 Encourage affordable housing through the allowance of multifamily housing opportunities such as multifamily residential units, senior housing, and assisted living facilities, and manufactured/mobile home parks. Consolidate With LNP 5.4.3 LNP 5.4 Designate the following crossroads as General Commercial Crossroads (GC) as shown on the Land Use Map: SR 19/20 Intersection. Delete Codified under JCC 18.15.015(2)(b) LNP 5.4.1 Designation is based on the criteria in the Growth Management Act and the following additional criteria: a. Location at a major highway intersection near high density population in the Tri-Area; and b. Existing commercial uses meet limited regional and multiple community levels of service. Delete Codified under JCC 18.15.015(2)(b) Land Use & Rural Goals and Policies Goal or Policy Description Action Reason Preliminary Draft – last update: 5/10/2017 - G:\PLANNING\Planning Commission MASTER FOLDER\PC General\PC 2017\5.17.17 Agenda\Preliminary Draft Land Use Goals and Policies.docx 7 | P a g e LNP 5.4.2 Limit uses and the scale of those uses within each of the designated General Commercial crossroads to those involving an expanded range of commercial goods and services. Delete Codified under JCC 18.15.040 LNP Evaluate and consider allowing some uses that are currently prohibited or require a conditional use permit in the Rural Commercial Crossroads zones, to be processed as a Type II Discretionary “D” Use. New Based upon input to be more flexible in permitting commercial activity LNP 5.4.3 Encourage affordable housing through the allowance of multifamily housing opportunities such as multifamily residential units, senior housing, assisted living facilities, and manufactured/mobile home parks, where permitted. Revise Still valid & codified under JCC 18.15.040 LNP 5.5 Ensure visual compatibility and traditional design elements for Rural Crossroads commercial infill development with the surrounding rural area through the creation and implementation of community based design and development standards. Uses within Rural Crossroads shall be scaled and sized to protect the rural character of the natural neighborhood. Retain Still valid HOME-BASED BUSINESSES AND COTTAGE INDUSTRIES LNG 6.0 Foster home-based businesses or cottage industries in order to provide economic and employment opportunities outside of Rural Village CentersCommercial Zones. Revise For accuracy LNP 6.1 Permit home-based businesses and cottage industries which are accessory to the residential use of the property throughout the unincorporated portions of the County, subject to permit review procedures. Revise To consolidate policies on both home business and cottage industry LNP 6.1.1 Home-based businesses and cottage industries in Western Jefferson County and the Brinnon area, shall be regulated according to the following provisions in order to provide encourage new economic development and 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 low projected 20-year population growth of 43 persons. Revise To consolidate subsequent policies 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 Delete Codified under JCC Article VI-L Remote Rural Overlay Districts for the West End and Brinnon Planning areas Land Use & Rural Goals and Policies Goal or Policy Description Action Reason Preliminary Draft – last update: 5/10/2017 - G:\PLANNING\Planning Commission MASTER FOLDER\PC General\PC 2017\5.17.17 Agenda\Preliminary Draft Land Use Goals and Policies.docx 8 | P a g e 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 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. Delete Codified under JCC Article VI-L Remote Rural Overlay Districts for the West End and Brinnon Planning areas 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 6.1.1(b) shall be held in Western Jefferson County close to the residents who may be affected. Delete Codified under JCC Article VI-L Remote Rural Overlay Districts for the West End and Brinnon Planning areas LNP 6.1.2 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. Delete Codified under JCC Article VI-L Remote Rural Overlay Districts for the West End and Brinnon Planning areas LNP 6.2 Permit cCottage industries are an accessory to the residential use and shall be operated conducted by the owner or lessee of the property, who shall reside either within the dwelling unit, as an accessory use within a single family dwelling or building an accessory to a dwelling unit 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. Revise For clarity LNP 6.2.1 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 Delete Codified under JCC Article VI-L Remote Rural Overlay Districts for the West End and Brinnon Planning areas Land Use & Rural Goals and Policies Goal or Policy Description Action Reason Preliminary Draft – last update: 5/10/2017 - G:\PLANNING\Planning Commission MASTER FOLDER\PC General\PC 2017\5.17.17 Agenda\Preliminary Draft Land Use Goals and Policies.docx 9 | P a g e economy, low residential densities, and a total projected 20-year population growth of 43 persons. LNP 6.2.1 (a) Cottage industries in the West End shall be exempt from restrictions on the number of non-resident employees, types of uses and retail sales, hours of operation, and outdoor storage. Delete Codified under JCC Article VI-L Remote Rural Overlay Districts for the West End and Brinnon Planning areas 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. Delete Codified under JCC Article VI-L Remote Rural Overlay Districts for the West End and Brinnon Planning areas 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. Delete Codified under JCC Article VI-L Remote Rural Overlay Districts for the West End and Brinnon Planning areas 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. Delete Codified under JCC Article VI-L Remote Rural Overlay Districts for the West End and Brinnon Planning areas SMALL-SCALE RECREATIONAL AND TOURIST RELATED USES LNG 7.0 Foster economic development that relies on a rural location and setting in rural areas ,and which is small-scale recreational or tourist-related. and that relies on a rural location and setting. Revise Better wording Land Use & Rural Goals and Policies Goal or Policy Description Action Reason Preliminary Draft – last update: 5/10/2017 - G:\PLANNING\Planning Commission MASTER FOLDER\PC General\PC 2017\5.17.17 Agenda\Preliminary Draft Land Use Goals and Policies.docx 10 | P a g e LNP 7.1 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. Retain Still valid LNP 7.2 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 particular rural location and setting. LNP 7.3 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 allowed for the underlying density, and that necessary for on-site management, or a Master Planned Resort pursuant to RCW 36.70A.360. Revise For Clarity. MPR under different section. LNP 7.4 The primary use of the site shall be for the small-scale recreational or tourist use. Commercial facilities, as provided for within an approved conditional use permit for small-scale recreational or tourist uses, shall serve only those recreational and tourist uses. Delete Codified under JCC 18.20.350(3)(a) LNP 7.5 Small-scale recreational or tourist uses shall not include new residential development, except that necessary for on-site management. Delete Redundant – see LNP 7.3 LNP 7.6 Upon application for intensification/expansion of existing small-scale recreational or tourist areas and uses, the ultimate size and configuration of the site should be established and maintained by logical outer boundaries. Existing areas and uses are those that are clearly identifiable and contained, and where there is a logical boundary delineated predominately by the built environment on July1, 1990, but may also include undeveloped lands if the overall goals of the Rural Element are maintained, by: a. preserving the character of the existing natural neighborhood; Delete Codified under JCC 18.20.350(4) b. physical boundaries such as bodies of water, roadways, and land forms and contours are used to assist in delineation of the site; c. abnormally irregular site boundaries are prevented; d. public facilities and services are provided in a manner that does not permit low-density sprawl; and Land Use & Rural Goals and Policies Goal or Policy Description Action Reason Preliminary Draft – last update: 5/10/2017 - G:\PLANNING\Planning Commission MASTER FOLDER\PC General\PC 2017\5.17.17 Agenda\Preliminary Draft Land Use Goals and Policies.docx 11 | P a g e e. protecting critical areas and surface and groundwater resources. LNP 7.7 Within Jefferson County’s isolated West End, allow small-scale recreation and tourist uses to provide basic goods and services to meet the needs of a local population living at a distance from commercial areas. This limited expansion of uses is also intended to allow for the creation of local jobs in an area of high unemployment and distressed economic conditions. Retain Still valid LNP 7.8 When a specific area is identified through community planning as appropriate for the expansion of existing small-scale recreation and tourist uses and for new small-scale recreation and tourist uses, a Small-scale Recreation and Tourist (SRT) overlay district for the identified area may establish variations from the conditional use permitting process and the criteria in this section, so long as the overall goals of the Rural Element are maintained. Retain Still valid LEGAL EXISTING USES LNG 8.0 Support the continued existence and economic viability of legally established land uses which become nonconforming as a result of Comprehensive Plan adoption. Revise Still valid and includes development regulations – see LNP 8.1 LNP 8.1 A legal nonconforming use or structure is one that conformed to all applicable codes in effect on the date of its creation, but no longer complies due to subsequent changes in the code, or Comprehensive Plan. New To add definition LNP 8.1 Existing commercial and industrial uses that become nonconforming will be allowed to continue and to expand within limits as defined in LNP 8.5JCC 18.20.260. Legal existing uses may be sold without jeopardizing the continuation of the use or activity. Revise Codified under JCC 18.20.260 LNP 8.2 Existing commercial and industrial uses in areas designated as Rural Residential will have the right to continue and not be subject to nuisance claims if operating in compliance with all County regulations. Retain Still valid LNP 8.3 Existing commercial and industrial uses should be allowed to expand or be replaced in Rural Residential areas provided that: Delete Codified under JCC 18.20.260 a. they do not require additional urban levels of government service; Delete Codified under JCC 18.20.260 Land Use & Rural Goals and Policies Goal or Policy Description Action Reason Preliminary Draft – last update: 5/10/2017 - G:\PLANNING\Planning Commission MASTER FOLDER\PC General\PC 2017\5.17.17 Agenda\Preliminary Draft Land Use Goals and Policies.docx 12 | P a g e b. they do not impose uncompensated additional costs to the taxpayers of Jefferson County for the provision of infrastructure, its replacement or improvement; Delete Codified under JCC 18.20.260 c. they do not conflict with natural resource-based uses; Delete Codified under JCC 18.20.260 d. they are compatible with surrounding rural uses, and Delete Codified under JCC 18.20.260 e. the expansion results in no further adverse environmental or neighborhood impacts, unless mitigated. Delete Codified under JCC 18.20.260 LNP 8.4 Businesses that do not meet the above criteria shall not be expanded or rebuilt if destroyed. Delete Codified under JCC 18.20.260 LNP 8.5 Expansion of structures housing legal existing uses or replacement of structures occupied by legal existing nonconforming uses shall be subject to the following criteria: Delete Codified under JCC 18.20.260 LNP 8.5.1 Where a legal existing nonconforming use of a structure exists, that structure can be replaced provided the original footprint is not relocated or altered except as provided for below. Delete Codified under JCC 18.20.260 8.5.1(a) The original footprint does not meet current regulations regarding building setbacks and buffers. Delete Codified under JCC 18.20.260 8.5.1(b) Moving the building footprint positions the new building in a more appropriate location on the site to facilitate pedestrian and vehicular movement and safety. Delete Codified under JCC 18.20.260 8.5.1(c) The movement of the building footprint on the site is necessary to ensure protection of environmentally sensitive areas located on or near the site. Delete Codified under JCC 18.20.260 8.5.1(d) The original building is being rebuilt or enlarged under the provision of LNP 8.5.2. Delete Codified under JCC 18.20.260 LNP 8.5.2 A structure housing a legal existing nonconforming use may be enlarged and/or expanded if it meets all applicable bulk, dimensional and lot coverage requirements for the zoning district in which the use is located. Delete Codified under JCC 18.20.260 Land Use & Rural Goals and Policies Goal or Policy Description Action Reason Preliminary Draft – last update: 5/10/2017 - G:\PLANNING\Planning Commission MASTER FOLDER\PC General\PC 2017\5.17.17 Agenda\Preliminary Draft Land Use Goals and Policies.docx 13 | P a g e 8.5.2(a) Expansion of structures housing legal existing nonconforming uses up to 10% of the existing building size or 200 square feet, whichever is greater, shall be subject to an administrativeapproval process. More substantial expansions, up to a building cap of 3,999 square feet, shall be subject to a public hearing process to ensure notification of adjacent property owners. Delete Codified under JCC 18.20.260 LNP 8.6 A legal existing nonconforming use may change to a conforming use allowed within the zone classification in which the use is located. Delete Codified under JCC 18.20.260 LNP 8.7 A legal existing nonconforming use may change to a different non- conforming use of equal or lesser intensity. Delete Codified under JCC 18.20.260 LNP 8.8 All proposals to change the use of a legal existing nonconforming use to a different non-conforming use shall be processed in accordance with a public hearing process to ensure notification of adjacent property owners. Delete Codified under JCC 18.20.260 LNP 8.9 A legal existing nonconforming structure damaged or destroyed by fire, earthquake, explosion, wind, flood, or other calamity may be completely restored or reconstructed if all the following criteria are met: Delete Codified under JCC 18.20.260 LNP 8.9.1 The restoration and reconstruction shall not serve to extend or increase the nonconformance of the original structure or use with existing regulations. Delete Codified under JCC 18.20.260 LNP 8.9.3 Permits shall be applied for within one (1) year of damage. Restoration or reconstruction must be substantially completed within two (2) years of permit issuance. Delete Codified under JCC 18.20.260 LNP 8.9.4 Any modifications shall comply with all current regulations and codes (other than use restrictions) including, but not limited to lot coverage, yard, height, open space, density provisions, or parking requirements unless waived by the appropriate County official through the granting of a variance. Delete Codified under JCC 18.20.260 LNP 8.10 Should a legal existing nonconforming use of a property or structure be discontinued for more than two (2) years, the use of the property and structure shall be deemed abandoned and shall conform to a use permitted in the zone classification in which it is located, unless the property owner demonstrates through property maintenance a bona fide intention to sell or lease the property. If the property is adequately maintained the property Delete Codified under JCC 18.20.260 Land Use & Rural Goals and Policies Goal or Policy Description Action Reason Preliminary Draft – last update: 5/10/2017 - G:\PLANNING\Planning Commission MASTER FOLDER\PC General\PC 2017\5.17.17 Agenda\Preliminary Draft Land Use Goals and Policies.docx 14 | P a g e shall not be deemed abandoned and be allowed to remain vacant for up to three (3) years. LNP 8.11 Legal existing use nonconforming status only applies to businesses which were established prior to the adoption of the Comprehensive Plan as legal commercial establishments. This section does not apply to Home Businesses and Cottage Industries. Delete Invalid since Home Businesses and Cottage Industries could become nonconforming with JCC amendments CAPITAL FACILITIES LNG 9.0 Limit the establishment or expansion of urban-style development and infrastructure to areas designated for urban levels of growth. Retain Still valid LNP 9.1 Ensure that expansion of urban-style infrastructure occurs only in coordination with designated land uses based on projected growth estimatesapproved and designated Urban Growth Areas, Master Planned Resorts, or LAMIRDs where they are absolutely required to protect basic public health, safety and the environment; are financially supportable at rural densities; and do not lead to urban levels of density or development. Revise To be more specific LNP 9.2 Periodically review and update the Coordinated Water System Plan (CWSP) to ensure consistency with the joint population projection and all land use designations. Retain Still valid LNP 9.3 Ensure that any impact fees adopted by the County require that a “fair share” of development costs are borne by the developer. Land use decisions should consider cost efficiency regarding publicly-funded infrastructure. Retain Still valid LNP 9.4 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 intended to perform. Retain Still valid LNP 9.5 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. Delete Codified under JCC 18.30 Development Standards Land Use & Rural Goals and Policies Goal or Policy Description Action Reason Preliminary Draft – last update: 5/10/2017 - G:\PLANNING\Planning Commission MASTER FOLDER\PC General\PC 2017\5.17.17 Agenda\Preliminary Draft Land Use Goals and Policies.docx 15 | P a g e LNP 9.6 Ensure that rural areas are served by a rural level of public services. Delete The same as limiting urban services to urban areas. LNP 9.7 Allow community water facilities and community sewage facilities in rural lands in order to support projected growth, or where necessary to protect public health and safety. Retain Still valid INDUSTRIAL LAND USES LNG 10.0 Identify and designate sufficient land area within the county for industrial uses and economic development. Retain Still valid LNP 10.1 Major industrial developments (MIDs) may be sited outside of Urban Growth Areas consistent with the UDC under JCC 18.15.600, and all the criteria in RCW 36.70A.365. Revise Still valid and Codified under JCC 18.15.600 LNP 10.2 Consistent with RCW 36.70A.367, consider the establishment of up to two Industrial Land Banks for the siting of MIDs. Delete Deadline for this was December 31, 2007 LNP 10.3 Designate sufficient land for light industrial uses within the Irondale/Hadlock UGA. Delete Done with adoption of the UGA LNG 11.0 Recognize and contain the following areas and uses of more intensive industrial development within boundaries that may allow forto limited areas of infill development. Revise For Clarity LNP 11.1 Designate Maintain the following areas in industrial zoning: the Port Townsend Paper Mill property as Heavy Industrial; the Glen Cove area boundary as Light Industrial and Light Industrial/Commercial; the Quilcene industrial area as Light Industrial/Manufacturing, and the Eastview Industrial Plat as Light Industrial/Manufacturing (LI/M). Revise To consolidate LNP 11.1 thru 11.4 – Codified under JCC 18.15.015(3) LNP 11.2 Designate the Glen Cove area boundary as Light Industrial and Light Industrial/Commercial, consistent with the provisions of RCW 36.70A.070(5)(d). Consolidate With LNP 11.1 LNP 11.3 Designate the Quilcene industrial area as Light Industrial/Manufacturing. Consolidate With LNP 11.1 LNP 11.4 Designate the Eastview Industrial Plat as Light Industrial/Manufacturing (LI/M). Consolidate With LNP 11.1 Land Use & Rural Goals and Policies Goal or Policy Description Action Reason Preliminary Draft – last update: 5/10/2017 - G:\PLANNING\Planning Commission MASTER FOLDER\PC General\PC 2017\5.17.17 Agenda\Preliminary Draft Land Use Goals and Policies.docx 16 | P a g e LNG 12.0 Locate new natural resource-based industries in rural lands and near the resource upon which they are dependent, in accordance with RCW 36.70A.365. Retain Still valid LNP 12.1 Encourage the establishment of sustainable natural resource-based industrial uses in rural areas to provide employment opportunities. Examples include food processing near agricultural parcels, and timber processing near larger tracts of timber land. Revise Per the Food System Council LNP 12.2 Natural resource-based industries may be located near the agricultural, forest, mineral, or aquaculture resource lands upon which they are dependent. Retain Still valid LNP 12.3 Recognize and designate existing pre-1990 forest resource-based industrial uses and activities at Center, Gardiner, and the West-End as Resource-Based Industrial Zones (RBIZ). Delete Done in 1998 - Codified under JCC 18.15.015(3)(e) LNP 12.4 Existing forest resource based industrial uses and activities shall be recognized as areas of more intensive rural development under RCW 36.70A.070(5)(d)(i). These Resource-Based Industrial Zones should be allowed to accommodate conversions and/or an intensification of these uses and activities under the provisions contained in RCW 36.70A.070(5)(d)(iii). Delete This was done in 1998 – see LNP 12.3 above. NATURAL RESOURCE LANDS LNG 13.0 Conserve and manage the forest, agriculture, aquaculture, and mineral resources of Jefferson County for sustainable natural resource-based economic activities that are compatible with surrounding land uses. Retain Still valid LNP 13.1 Conserve natural resource lands through land use designations and encourage resource-based industries that provide rural employment opportunities. Emphasize the development of Agricultural Systems, including processing, storage and distribution. Revise Per the Food System Council LNP 13.2 Support cooperative resource and habitat management processes between stakeholders and local, state, federal and tribal governments by integrating cooperative agreements and plans into land use ordinances and regulations. Retain Still valid Land Use & Rural Goals and Policies Goal or Policy Description Action Reason Preliminary Draft – last update: 5/10/2017 - G:\PLANNING\Planning Commission MASTER FOLDER\PC General\PC 2017\5.17.17 Agenda\Preliminary Draft Land Use Goals and Policies.docx 17 | P a g e LNP 13.3 Work with resource-based industries to achieve compliance with all applicable regulations to protect environmental values and to protect surrounding land uses. Retain Still Valid LNP Consider re-zoning Rural Residential zoned land that is being used for Agriculture, to Agricultural zoning. New Per Staff LNP 13.4 Explore innovative zoning techniques as described under RCW 36.70A.177 for agricultural zoned lands, to help facilitate the availability of more affordable farm land and create opportunities to expand the market for local food. New Per Food System Council LNP 13.4 Ensure that land use activities adjacent to resource lands are sited and designed to minimize conflicts with resource management activities. Delete Codified under JCC 18.15.150(3) ENVIRONMENT LNG 14.0 Preserve the functions and values of critical environmental areas and protect development from the risks of environmental hazards. Retain Still valid LNP 14.1 Ensure that land use decisions consider climate change, and are based on land use ordinances which are in compliance with the Critical Areas Ordinance and all applicable state and federal environmental laws. Revise Per Local 2020 LNP 14.2 Allow residential, commercial, and industrial development in a manner that minimizes risk from flooding, earth movement, shoreline erosion, and other natural hazards. Retain Still valid LNP 14.3 Support cooperative ecosystem and habitat management processes between stakeholders and local, state, federal and tribal governments. Retain Still valid LNP 14.4 Ensure that land use decisions along Jefferson County shorelines protect the shoreline environment, facilitate public access, recognize the needs of water-oriented activities and cooperate with regional plans for protection and management of shorelines. In areas of the County under the jurisdiction of the Shoreline Management Act (Chapter 90.58 RCW), activities which are water-oriented will be preferred over those activities which are not, all other factors being equal, consistent with the Shoreline Management Act. and the land use designations, goals, and policies of this Comprehensive Plan. Delete Codified under JCC 18.25 Shoreline Management Program Land Use & Rural Goals and Policies Goal or Policy Description Action Reason Preliminary Draft – last update: 5/10/2017 - G:\PLANNING\Planning Commission MASTER FOLDER\PC General\PC 2017\5.17.17 Agenda\Preliminary Draft Land Use Goals and Policies.docx 18 | P a g e LNP 14.5 Encourage small-scale marine trades activities, in Port Hadlock, Port Ludlow, Nordland, and Quilcene. Move To Economic Development EDP 5.8 LNP 14.6 Develop land use ordinances based on comprehensive watershed and salmon recovery plans for the conservation, protection, and management of surface and ground waters, floodplains and estuaries, in order to maintain water quality and quantity, provide potable water, and to restore and protect fish habitat. Revise Per Environmental Health HOUSING LNG 15.0 Support opportunities to provide a variety of affordable housing types for county residents, of all income groups and needs. Revise Per PC LNP 15.1 Encourage duplexes, triplexes, senior housing, and assisted living facilities-- limited in size and scale--to be permitted in rural commercial/mixed-use areas within the capacity of local infrastructure and site constraints. Retain Still valid LNP 15.2 Allow special needs, senior housing, and assisted living facilities to be permitted conditionally in rural residential areas. Delete Codified under JCC 18.15.040 LNP 15.3 Consider existing platted developments for designation as Residential Limited Areas of More Intensive Rural Development (Residential LAMIRDs). Delete See LNP 3.4 Public Purpose Lands LNG 16.0 When appropriate, iIdentify and designate lands for both public purposes and essential public facilities. Retain Still valid LNP 16.1 Assess for designation public purpose lands to provide a range of services to the public and serve as sites for some public facilities. Delete Codified under JCC 18.15.040 Land Use Table LNP 16.2 Wherever practical, site essential public facilities, such as airports, large- scale transportation facilities, state educational facilities, correctional facilities, solid waste treatment facilities, substance abuse facilities, mental health facilities and group homes, so as to avoid potential adverse impacts to surrounding land uses and critical areas. Retain Still valid LNP 16.3 Ensure that designated public purpose lands, such as parks, are appropriate to the level of service standards for the designated land use density where they are located. Revise For clarity Land Use & Rural Goals and Policies Goal or Policy Description Action Reason Preliminary Draft – last update: 5/10/2017 - G:\PLANNING\Planning Commission MASTER FOLDER\PC General\PC 2017\5.17.17 Agenda\Preliminary Draft Land Use Goals and Policies.docx 19 | P a g e LNP 16.4 Provide for broad-based participation by agencies, citizens, tribes and other interested parties in the process for designating land to be used for essential public facilities. Revise Per Tribes LNP 16.5 Encourage through development standards the siting of public facilities in a manner unobtrusive to the immediate environment. These standards should address buffers, screening, lighting, noise, drainage, traffic impact and lot coverage. Delete Codified under JCC 18.15.110 TRANSPORTATION LNG 17.0 Ensure that transportation is safe, efficient, multi-modal, and based on levels of service that correspond to the land use densities in the Comprehensive Plan. Retain Still valid LNP 17.1 Encourage development and land use proposals that utilize existing transportation systems and provide non-motorized transportation opportunities. Retain Still valid LNP 17.2 Coordinate with state and federal transportation agencies to ensure that their plans meet the land use expectations of the County’s Comprehensive Plan. Retain Still valid LNP 17.3 Include provisions to consolidate access points to main arterials. Delete See Public Works Transportation Planning LNP 17.4 Site transportation facilities in locations which minimize the disruption of natural habitat, floodplains, wetlands, geologically sensitive areas, resource lands, and other priority systems. Retain Still valid RURAL CHARACTER LNG 18.0 Preserve rural character and promote rural lifestyle. Rural character is defined by local rural lifestyle as opposed to city or urban, opportunity to live and work in rural areas, local rural visual landscapes, resource productivity, environmental quality, and significant areas of open space. Revise For more definition LNP 18.1 Identify and implement rural land uses, densities, and environmental standards which preserve and protect rural character. Delete Codified under JCC 18.15.015 & 18.22 LNP 18.2 Environmental quality is critical to the preservation of rural character. Retain Still valid Land Use & Rural Goals and Policies Goal or Policy Description Action Reason Preliminary Draft – last update: 5/10/2017 - G:\PLANNING\Planning Commission MASTER FOLDER\PC General\PC 2017\5.17.17 Agenda\Preliminary Draft Land Use Goals and Policies.docx 20 | P a g e LNP 18.4 The preservation of open space is directly linked to the maintenance of Jefferson County’s rural character. Protect open space consistent with the goals and policies of the Open Space Element of this plan. Retain Still valid LNP 18.5 Locate designated open space areas so as to provide connections with adjoining open space areas, offer visual relief for both on and off-site residents, enhance habitat values, and where appropriate allow for recreational opportunities. Retain Still valid LNP 18.6 Endorse the extension ofAdopt the forest corridor concept policies from Port Townsend’s City limits south along SR 20 to Old Fort Townsend Road to preserve and protect the forest corridor, and to provide a visual buffer between the roadway and new commercial and manufacturing development. Require planting when necessary to enhance the buffer, and the replanting of native and non-native species to replace trees and vegetation removed during development. Revise To codify, or can we just keep policies? Check with DPA LNG 19.0 Ensure that development is accomplished in a manner which protects the long-term habitability, historically significant areas and natural beauty of Jefferson County. Retain Still valid LNP 19.1 Encourage the preservation and conservation of Jefferson County’s unique history, scenic resources, and rural community identities, support the contributions that each community has made to the fabric of the County’s rural and cultural character, and encourage the preservation of community cohesiveness through designated land uses in this Plan. Revise More ways to promote community cohesiveness than through zoning. LNP 19.2 Encourage project proponentsdevelopers to include neighbors in the planning process to mitigate potential adverse potentially reduce impacts to the public health, safety, and welfare. as a result of a proposed project, action, or use concurrent with project development. Revise To eliminate jargon and include good neighbor policy LNP 19.3 Preserve, protect, and enhance cultural amenities resources such as farms and historic settlements throughout the rural landscape. Revise To be consistent with Natural Resource Conservation LNP Local tribes should be consulted and included early in the planning process to ensure that tribal recommendations are thoughtfully considered. New Per Tribes Land Use & Rural Goals and Policies Goal or Policy Description Action Reason Preliminary Draft – last update: 5/10/2017 - G:\PLANNING\Planning Commission MASTER FOLDER\PC General\PC 2017\5.17.17 Agenda\Preliminary Draft Land Use Goals and Policies.docx 21 | P a g e LNP 19.4 Limit access to arterial roads. Accommodate access to residential and commercial development by access roads and common-use driveways. Move To Transportation section or delete – See LNP 17.3 LNP 20.0 Preserve and protect the rural character of the land and the identities of existing rural communities through rural land uses and densities. Retain Still valid LNP 20.1 Residential uses in the unincorporated portions of the County shall be characterized by a variety of rural residential parcel sizes and densities. LNP 20.2 Develop streamlined procedures and other incentives for aggregating Encourage innovation and creativity in lot, site design and replatting of existing lots to add flexibility so as to meet the following design objectives:, meet underlying density, preserve open space, include low impact development and multi-modal transportation. Revise To be concise and consolidate with LNP 20.3 a. flexibility in site design in the placement of structures, circulation systems, and utilities; Delete To be concise and consolidate with LNP 20.3 b. diversity of lot sizes without exceeding the underlying density requirement; Delete To be concise and consolidate with LNP 20.3 c. preservation and/or enhancement of open space and significant site features; and Delete To be concise and consolidate with LNP 20.3 d. provision of on-site vegetative landscape areas or topographic buffers. Delete To be concise and consolidate with LNP 20.3 LNP 20.3 Encourage innovative, low impact rural residential planning by developing regulations which incorporate the following criteria: Consolidate With 20.2 a. retention of high-value open space area; Consolidate With 20.2 b. proximity to public transit and pedestrian pathways; Consolidate With 20.2 c. maintenance of topographical features, and buffer setbacks; Consolidate With 20.2 d. consideration of cumulative impacts associated with adjacent development; and Consolidate With 20.2 e. demonstration of innovative design technique advantages compared to a conventional subdivision approach. Consolidate With 20.2 LNP 20.4 Prohibit outside of Urban Growth Areas new rural commercial development that is incompatible with rural character or inconsistent with rural commercial level of service standards. Revise Redundant by definition Land Use & Rural Goals and Policies Goal or Policy Description Action Reason Preliminary Draft – last update: 5/10/2017 - G:\PLANNING\Planning Commission MASTER FOLDER\PC General\PC 2017\5.17.17 Agenda\Preliminary Draft Land Use Goals and Policies.docx 22 | P a g e LNG 21.0 Encourage residential land use and development intensities that protect the character of rural areas, avoid interference with resource land uses, and minimize impacts upon environmentally sensitive areas. Retain Still valid LNP 21.1 Rural residential cluster subdivisions shall be encouraged, consistent with development regulations, throughout the rural areas. The open space tracts in these planned rural residential development subdivisions shall be permanently preserved. Retain Still valid LNP 21.2 Integrate open space planning with innovative programs such as the purchase or transfer of development rights, cluster development with density bonuses, open space tax assessment, and acquisition of easements. Retain Still valid LNG 22.0 Foster sustainable natural resource-based industry in rural areas through the conservation of forest lands, agricultural lands, mineral lands, and aquaculture lands in order to provide economic and employment opportunities that are consistent with rural character. Retain Still valid LNP 22.1 The County has identified resource lands as an integral part of rural character. Resource-based uses that are compatible with the conservation and sustainable use of the county’s resources shall be permitted. Retain Still valid LNP 22.2 The implementing development regulations shall assure that the use of lands adjacent to agricultural, forest, or mineral resource lands shall not interfere with the continued use, in the accustomed manner and in accordance with best management practices, of these designated lands for the production of food, agricultural products, or timber, or for the extraction of minerals. (RCW 36.70A.060(1).) Delete Codified under JCC 18.15.095, 150 & 180 LNP 22.3 Use farm preservation programs and other tools to preserve historic farmland. Retain Still valid MASTER PLANNED RESORT LNG 23.0 Provide for the siting of, and mMaintain the viability of Port Ludlow as Jefferson County’s only existing Master Planned Resorts (MPR) authorized under RCW 36.70A.362., in locations that are appropriate from both an economic and environmental perspective Revise For accuracy and to consolidate with LNG 24.0 Land Use & Rural Goals and Policies Goal or Policy Description Action Reason Preliminary Draft – last update: 5/10/2017 - G:\PLANNING\Planning Commission MASTER FOLDER\PC General\PC 2017\5.17.17 Agenda\Preliminary Draft Land Use Goals and Policies.docx 23 | P a g e LNP 23.1 Ensure that development in Port Ludlowof MPRs complies with County development regulations established for critical areas and that on-site and off-site infrastructure impacts are fully considered and mitigated. Revise For accuracy LNP 23.2 The provision of urban-style services to support the anticipated growth and MPR development at Port Ludlow shall occur only within the designated MPR boundaryboundaries. Revise For accuracy LNP 23.3 No new urban or suburban land uses will be established within the immediate vicinity of the Port Ludlow Master Planned Resorts. Revise Per the Port Ludlow Village Council LNP 23.4 The total number of residential lots allowable within the MPR boundary shall not exceed the 1993 Port Ludlow FEIS total of 2,250 residential dwelling units. Delete Codified under JCC 17.45.010(3) LNP 23.5 Port Ludlow shallMPRs may accommodate a variety of housing types, including affordable housing, single family and multi-family housing and assisted living care facilities. Revise For accuracy LNP 23.6 Support efforts to preserve and protect Port Ludlow’sthe MPR’s greenbelts, open spaces and wildlife corridors. Revise For accuracy LNP 23.5 Land within MPRs zoned as open space should maintain that zoning and the Assessor Land Use Classification of “Open Space - Green Belts – Parks,” and have a forest management plan to ensure forest health and promote fire safety. New Per the Port Ludlow Village Council LNP 25.6.1 Support the establishment of a Ludlow Creek Nature Preserve. Delete Per the Port Ludlow Village Council LNP 23.7 No preliminary plats will be processed by Jefferson County for the 200-acre area south of the Port Ludlow Golf Course within the MPR boundary (as depicted on the official Jefferson County Land Use Map) until such time as a conceptual site plan has been approved by the County. Delete Codified under JCC 17.10.080 LNP 23.8 The Port Ludlow Master Planned Resort commercial area shall be designated as the Port Ludlow Village Commercial Center. Delete Codified under JCC 17.30 LNG 24.0 Provide for the siting of Master Planned Resorts (MPRs), pursuant to the adoption of development regulations consistent with the requirements of the Growth Management Act (RCW 36.70A.360), in locations that are appropriate from both an economic and environmental perspective. Consolidate With LNG 23.0 Land Use & Rural Goals and Policies Goal or Policy Description Action Reason Preliminary Draft – last update: 5/10/2017 - G:\PLANNING\Planning Commission MASTER FOLDER\PC General\PC 2017\5.17.17 Agenda\Preliminary Draft Land Use Goals and Policies.docx 24 | P a g e LNP 24.1 Master planned resorts are generally larger in scale, and involve greater potential impacts on the surrounding area, than uses permitted under the Small-Scale Recreation and Tourist Uses standards. MPRs may constitute urban growth outside of urban growth areas as limited by, and consistent with RCW 36.70A.360. Revise To ensure consistency with RCW LNP 24.2 Owners of sites where MPRs are proposed to be located must obtain an amendment to the Comprehensive Plan Land Use Map, giving the site a master planned resort designation prior to, or concurrent with an application for master plan review. The comprehensive plan amendment process should evaluate all of the probable significant adverse environmental impacts from the entire proposal, even if the proposal is to be developed in phases, and these impacts shall be considered in determining whether any particular location is suitable for a master planned resort. Delete Codified under JCC 18.15.126(3) & 18.45.040 LNP 24.3 The process for siting a master planned resort and obtaining the necessary Comprehensive Plan designation shall include all property proposed to be included within the MPR and shall further include a review of the adjacent Comprehensive Plan land use designations/districts to ensure that the designation of a master planned resort does not allow new urban or suburban land uses in the vicinity of the MPR. This policy should not be interpreted, however, to prohibit locating a master planned resort within or adjacent to an existing Urban Growth Area or within or adjacent to an existing area of more intense rural development, such as an existing Rural Village Center or an existing Rural Crossroad designation. Delete Codified under JCC 18.15.126(1) & 18.15.129 LNP 24.4 MPRs should not be located on designated Agricultural Resource Lands or Forest Resource Lands, unless the County specifically makes the finding that the land proposed for a Master Planned Resort is better suited and has more long-term importance for the MPR than for the commercial harvesting of timber or production of agricultural products, and also makes the finding that the MPR will not adversely affect adjacent Agricultural or Forest Resource Land production. Delete Codified under JCC 18.15.135(10) Land Use & Rural Goals and Policies Goal or Policy Description Action Reason Preliminary Draft – last update: 5/10/2017 - G:\PLANNING\Planning Commission MASTER FOLDER\PC General\PC 2017\5.17.17 Agenda\Preliminary Draft Land Use Goals and Policies.docx 25 | P a g e LNP 24.5 The master planned resort shall consist of predominantly short-term visitor accommodations and associated activities, but may include some other permanent residential uses, including caretakers’ or employees’ residences and some vacation home properties, provided they must be integrated into the resort and consistent with the on-site recreational nature of the resort. MPRs may propose clustering construction, setbacks, lot sizes, and building sizes that vary from those normally found in the Rural or Resource Lands designations. Delete Codified under JCC 18.15.123 LNP 24.6 The master planned resort may include indoor and outdoor recreational facilities, conference facilities and commercial and professional activities and services that support and are integrated with the resort. These facilities shall be primarily designed to serve the resort visitors, either day visitors or overnight visitors, but may also provide some limited goods and services for the surrounding permanent residential population. Delete Codified under JCC 18.15.123 LNP 24.7 The capital facilities, utilities and services, including those related to sewer, water, storm water, security, fire suppression, and emergency medical provided on-site shall be limited to meeting the needs of the resort. These facilities, utilities, and services may be provided by outside service providers, such as special purpose districts, provided that the resort pays all costs associated with service extension capacity increases, or new services that are directly attributable to the resort, and provided that the nature of the facilities and services provided are adequate to meet the increased needs of the resort, based on the planned concentration of guests, structures and other facility, utility and service demands. Plan approval shall provide that facilities serving the resort, which may be urban in nature, not be used to serve development outside the resort areas, except at appropriate rural densities, uses, and intensities. Delete Codified under JCC 18.15.126(5) LNP 24.8 MPRs should only be approved when it can be demonstrated that on-site and off-site impacts to public services and infrastructure have been fully considered and mitigated. Delete Codified under JCC 18.15.135(7) Land Use & Rural Goals and Policies Goal or Policy Description Action Reason Preliminary Draft – last update: 5/10/2017 - G:\PLANNING\Planning Commission MASTER FOLDER\PC General\PC 2017\5.17.17 Agenda\Preliminary Draft Land Use Goals and Policies.docx 26 | P a g e LNP 24.9 The MPR shall contain sufficient portions of the site in undeveloped open space for buffering and recreational amenities to help preserve the natural and rural character of the area. Where located in a rural area, the master planned resort should also be designed to blend with the natural setting and, to the maximum extent practical, screen the development and its impacts from the adjacent rural areas outside of the MPR designation. Retain Still valid LNP 24.10 The MPR must be developed consistent with the County’s development regulations established for environmentally sensitive areas and consistent with lawfully established vested rights, and approved development permits. Retain Still valid LNP 24.11 Master planned resorts shall include existing or new Development Agreements, as authorized by RCW 36.70B.170, to implement these policies. Delete Codified under JCC 18.15.126(2) LNP 24.12 The County shall prepare site-specific development regulations to guide the review and designation development of master planned resorts that include, at a minimum, compliance with these policies, and Jefferson County Code. Revise For accuarcy LNP 24.13 New or expanded existing master planned resorts must be located in areas of existing shoreline development, such as marinas and shoreline lodges, which promote public access to developed shorelines, and/or locations which promote public access and use of National Parks and National Forests, shall ensure that continued public access is provided. Revise Per the Port Ludlow Village Council DRAINAGE, FLOODING, STORMWATER MANAGEMENT & POLLUTED DISCHARGES LNG 25.0 To manage stormwater to improve drainage, control stormwater quality and quantity, protect shellfish beds, fish habitat and other natural resources and to reduce nonpoint sources of pollution. Retain Still Valid LNP 25.1 Require new development and redevelopment to comply with the standards of the latest edition of the Department of Ecology Stormwater Management Manual for Western Washington. Delete Codified under JCC 18.30.070. Also see LNP 25.3 LNP 25.2 Encourage the preservation of natural drainage systems. Retain Still valid LNP 25.3 Periodically review, revise and update the storm water management Standards of the Unified Development Code to incorporate current best management practices (BMPs) and to ensure consistency with the Puget Revise Per Public Works and PC Land Use & Rural Goals and Policies Goal or Policy Description Action Reason Preliminary Draft – last update: 5/10/2017 - G:\PLANNING\Planning Commission MASTER FOLDER\PC General\PC 2017\5.17.17 Agenda\Preliminary Draft Land Use Goals and Policies.docx 27 | P a g e Sound Water Quality Plan, as may be amendedamendments to the Stormwater Management Manual for Western Washington. LNP 25.4 As a condition of project approval, require operation and maintenance agreements for all privately operated stormwater management facilities as a means of ensuring long-term compliance with the stormwater management standards of the Jefferson County Unified Development Code. and the Puget Sound Water Quality Plan. Revise Per Public Works LNP 25.5 As appropriate funds, funding sources and staff resources become available, develop and implement an operation and maintenance program for public and private stormwater control facilities. Ensure that the program includes provisions for ongoing monitoring and inspection of stormwater facilities, as well as effective compliance and enforcement measures. Retain Per Public Works LNP 25.6 Consider adopting stormwater control facility charges (as authorized by RCW 36.89) in order to provide an adequate funding source for stormwater facility development, operation and maintenance, and for public education, water quality monitoring, stream gauges, and enforcement. Retain Per Public Works LNG 26.0 Protect life and property from flood hazards and retain the flood storage capacity of rivers and streams. Retain Still Valid LNP 26.1 Minimize hazards to life and property within designated flood hazard areas by giving priority to the following uses: forestry; agriculture; public recreation; and water dependent uses. Ensure that other development allowed in flood hazard areas is of low density and intensity and constructed to avoid damage from floods. Delete Codified under JCC 15.15 Flood Damage Protection LNP 26.2 Prohibit encroachment in floodways except for the purpose of stabilizing channels against erosion in order to protect public roads and bridges, existing public or private structures or assist in habitat enhancement efforts. Delete Codified under JCC 15.15 Flood Damage Prevention LNP 26.3 Periodically review, and if necessary, update the Jefferson County Flood Damage Prevention Ordinance to reflect such things as climate change, and changes in federal, state and local legislation, including Jefferson County-City of Port Townsend Natural Hazards Mitigation Plan adopted in 2004. Revise Per Stakeholders Land Use & Rural Goals and Policies Goal or Policy Description Action Reason Preliminary Draft – last update: 5/10/2017 - G:\PLANNING\Planning Commission MASTER FOLDER\PC General\PC 2017\5.17.17 Agenda\Preliminary Draft Land Use Goals and Policies.docx 28 | P a g e LNP 26.4 Encourage community-based flood hazard management planning through participation in the National Flood Insurance Program’s “Community Rating System” (CRS). Retain Still valid LNP 26.5 Collaborate with FEMA as a Cooperating Technical Community and enter into Mapping Activity Agreements in order to update and maintain accurate flood hazard area data and maps. Retain Still valid LNG 27.0 To improve the base of information on the uses, existing conditions, and vulnerability of surface waters in the county. Retain Still valid LNP 27.1 Continue to fund and support the collection of water quality data and the database. Improve access to WQ data by the public and interested parties.As funding and staff resources become available, work to establish a local water resource data collection program to acquire, store, retrieve, and evaluate water resource information collected locally or by other agencies. Revise Per Environmental Health LNP 27.2 Establish, fund and maintain long-term ambient water quality monitoring sites to facilitate the collection of reliable water quality data. Revise Per Environmental Health LNP 27.3 Focus water resource data collection efforts upon suspected water quality problem areas where little or no current data exist. Retain Still valid LNG 28.0 To protect and enhance the water quality of surface waters in Jefferson County. Retain Still valid LNP 28.1 Work to improve water quality in areas with identified problems. Retain Still valid LNP 28.2 Ensure that county water quality programs are designed to complement related programs developed and implemented by other local as well as state and federal agencies. For ease of administration and enforcement, reference related programs implemented by other agencies within relevant county plans and regulations. Retain Still valid LNP 28.3 As appropriate funds, funding sources and staff resources become available, implement the Clean Water District Water Quality Monitoring Plan Puget Sound Water Quality Management Plan in order to protect shellfish beds, fish habitat, and other natural resources, prevent contamination of sediments from urban runoff, and achieve standards for water and sediment Revise Per Environmental Health Land Use & Rural Goals and Policies Goal or Policy Description Action Reason Preliminary Draft – last update: 5/10/2017 - G:\PLANNING\Planning Commission MASTER FOLDER\PC General\PC 2017\5.17.17 Agenda\Preliminary Draft Land Use Goals and Policies.docx 29 | P a g e quality by reducing, and eventually eliminatingreducing, polluted discharges from stormwater throughout Jefferson County. LNP 28.4 Adopt and implement agricultural best management practices (BMPs) to control and reduce harmful discharges to surface waters and protect soils. Revise Per Environmental Health LNP 28.5 Require that animal feeding and watering operations, retention and storage ponds, feed lot storage and manure storage facilities be located to prevent contamination to water bodies. Delete Codified under JCC 18.20.030 Ag Code LNP 28.6 In coordination with adjacent jurisdictions and as funding sources become available, seek to refine, update and develop, adopt and implement watershed and basin plans to reduce nonpoint sources pollution. Revise Per Environmental Health ACTION KEY How many per this element? Adjustment % difference Retain - it's still valid, relevant, feasible, achievable, cost-effective Delete – has been codified, combined with another goal or policy, no longer relevant, etc. Move - more appropriate somewhere else, different goal, element, etc. Consolidate - with another goal or policy Revise - re-write to be more accurate, concise or up to date, or include input New - to reflect new information, law or the needs of the public Total Actions (changes = total minus retained) Goals (after assessment) Policies (after assessment) PC = Planning Commission Policy and Statute Background of Essential Public Facilities Element, Chapter 9 Jefferson County Comprehensive Plan Periodic Review Planning Commission, May 17, 2017 I. GROWTH MANAGEMENT ACT A. RCW 36.70A.070 Comprehensive Plans—Mandatory Elements (5) Rural element. Counties shall include a rural element including lands that are not designated for urban growth, agriculture, forest, or mineral resources. The following provisions shall apply to the rural element: (a) Growth management act goals and local circumstances. Because circumstances vary from county to county, in establishing patterns of rural densities and uses, a county may consider local circumstances, but shall develop a written record explaining how the rural element harmonizes the planning goals in RCW 36.70A.020 and meets the requirements of this chapter. Contents I. Chapter 36.70A RCW -- Growth Management Act A. RCW 36.70A.070 Comprehensive Plans—Mandatory Elements B. RCW 36.70A.200 Siting of Essential Public Facilities C. RCW 47.85.050 Finding—Local land use review procedures. PUBLIC HIGHWAYS AND TRANSPORTATION II. WASHINGTON ADMINISTRATIVE CODE A. WAC 365-196-550 Essential public facilities. III. COUNTYWIDE PLANNING POLICY #4 -- POLICY ON THE SITING OF ESSENTIAL PUBLIC FACILITIES OF A COUNTY OR STATE WIDE SIGNIFICANCE IV. Jefferson County Code 18.15.110 Special use permit – Siting of essential public facilities. Policy and Statute Background of Essential Public Facilities Element, Chapter 9 Jefferson County Comprehensive Plan Periodic Review Planning Commission, May 17, 2017 (b) Rural development. The rural element shall permit rural development, forestry, and agriculture in rural areas. The rural element shall provide for a variety of rural densities, uses, essential public facilities, and rural governmental services needed to serve the permitted densities and uses. To achieve a variety of rural densities and uses, counties may provide for clustering, density transfer, design guidelines, conservation easements, and other innovative techniques that will accommodate appropriate rural densities and uses that are not characterized by urban growth and that are consistent with rural character. B. RCW 36.70A.200 Siting of essential public facilities—Limitation on liability. (1) The comprehensive plan of each county and city that is planning under RCW 36.70A.040 shall include a process for identifying and siting essential public facilities. Essential public facilities include those facilities that are typically difficult to site, such as airports, state education facilities and state or regional transportation facilities as defined in RCW 47.06.140, regional transit authority facilities as defined in RCW 81.112.020, state and local correctional facilities, solid waste handling facilities, and inpatient facilities including substance abuse facilities, mental health facilities, group homes, and secure community transition facilities as defined in RCW 71.09.020. (2) Each county and city planning under RCW 36.70A.040 shall, not later than September 1, 2002, establish a process, or amend its existing process, for identifying and siting essential public facilities and adopt or amend its development regulations as necessary to provide for the siting of secure community transition facilities consistent with statutory requirements applicable to these facilities. (3) Any city or county not planning under RCW 36.70A.040 shall, not later than September 1, 2002, establish a process for siting secure community transition facilities and adopt or amend its development regulations as necessary to provide for the siting of such facilities consistent with statutory requirements applicable to these facilities. (4) The office of financial management shall maintain a list of those essential state public facilities that are required or likely to be built within the next six years. The office of financial management may at any time add facilities to the list. (5) No local comprehensive plan or development regulation may preclude the siting of essential public facilities. (6) No person may bring a cause of action for civil damages based on the good faith actions of any county or city to provide for the siting of secure community transition facilities in accordance with this section and with the requirements of chapter 12, Laws of 2001 2nd sp. sess. For purposes of this subsection, "person" includes, but is not limited to, any individual, agency as defined in RCW 42.17A.005, corporation, partnership, association, and limited liability entity. Policy and Statute Background of Essential Public Facilities Element, Chapter 9 Jefferson County Comprehensive Plan Periodic Review Planning Commission, May 17, 2017 (7) Counties or cities siting facilities pursuant to subsection (2) or (3) of this section shall comply with RCW 71.09.341. (8) The failure of a county or city to act by the deadlines established in subsections (2) and (3) of this section is not: (a) A condition that would disqualify the county or city for grants, loans, or pledges under RCW 43.155.070 or 70.146.070; (b) A consideration for grants or loans provided under RCW 43.17.250(3); or (c) A basis for any petition under RCW 36.70A.280 or for any private cause of action. C. 2015 change to REVISED CODE OF WASHINGTION for Title 47: PUBLIC HIGHWAYS AND TRANSPORTATION and how it is reviewed with the SHORELINE MANAGEMENT ACT: RCW 47.85.050 Finding—Local land use review procedures. The legislature finds that local land use reviews under chapter 90.58 RCW need to be harmonized with the efficient accomplishment of necessary maintenance and improvement to state transportation facilities. Local land use review procedures are highly variable and pose distinct challenges for linear facility maintenance and improvement projects sponsored by the department. In particular, clearer procedures for local permitting under chapter 90.58 RCW are needed to meet the objectives of chapter 36.70A RCW regarding department facilities designated as essential public facilities. [ 2015 3rd sp.s. c 17 § 6.] NOTES: Effective date—2015 3rd sp.s. c 17: See note following RCW 47.85.005. II. WASHINGTON ADMINISTRATIVE CODE A. WAC 365-196-550 Essential public facilities. (1) Determining what facilities are essential public facilities. (a) The term "essential public facilities" refers to public facilities that are typically difficult to site. Consistent with county-wide planning policies, counties and cities should Policy and Statute Background of Essential Public Facilities Element, Chapter 9 Jefferson County Comprehensive Plan Periodic Review Planning Commission, May 17, 2017 create their own lists of "essential public facilities," to include at a minimum those set forth in RCW 36.70A.200. (b) For the purposes of identifying facilities subject to the "essential public facilities" siting process, it is not necessary that the facilities be publicly owned. (c) Essential public facilities include both new and existing facilities. It may include the expansion of existing essential public facilities or support activities and facilities necessary for an essential public facility. (d) The following facilities and types of facilities are identified in RCW 36.70A.200 as essential public facilities: (i) Airports; (ii) State education facilities; (iii) State or regional transportation facilities; (iv) Transportation facilities of statewide significance as defined in RCW 47.06.140. These include: (A) The interstate highway system; (B) Interregional state principal arterials including ferry connections that serve statewide travel; (C) Intercity passenger rail services; (D) Intercity high-speed ground transportation; (E) Major passenger intermodal terminals excluding all airport facilities and services; (F) The freight railroad system; (G) The Columbia/Snake navigable river system; (H) Marine port facilities and services that are related solely to marine activities affecting international and interstate trade; (I) High capacity transportation systems. (v) Regional transit authority facilities as defined under RCW 81.112.020; (vi) State and local correctional facilities; (vii) Solid waste handling facilities; (viii) In-patient facilities, including substance abuse facilities; (ix) Mental health facilities; (x) Group homes; (xi) Secure community transition facilities; (xii) Any facility on the state ten-year capital plan maintained by the office of financial management. (e) Essential public facility criteria apply to the facilities and not the operator. Cities and counties may not require applicants who operate essential public facilities to use an essential public facility siting process for projects that would otherwise be allowed by the development regulations. Applicants who operate essential public facilities may not use an essential public facility siting process to obtain approval for projects that are not essential public facilities. Policy and Statute Background of Essential Public Facilities Element, Chapter 9 Jefferson County Comprehensive Plan Periodic Review Planning Commission, May 17, 2017 (f) Regardless of whether it is a new, existing or an expansion or modification of an existing public facility, the major component in the identification of an essential public facility is whether it provides or is necessary to provide a public service and whether it is difficult to site. (2) Criteria to determine if the facility is difficult to site. Any one or more of the following conditions is sufficient to make a facility difficult to site. (a) The public facility needs a specific type of site of such as size, location, available public services, which there are few choices. (b) The public facility needs to be located near another public facility or is an expansion of an essential public facility at an existing location. (c) The public facility has, or is generally perceived by the public to have, significant adverse impacts that make it difficult to site. (d) Use of the normal development review process would effectively preclude the siting of an essential public facility. (e) Development regulations require the proposed facility to use an essential public facility siting process. (3) Preclusion of essential public facilities. (a) Cities and counties may not use their comprehensive plan or development regulations to preclude the siting of essential public facilities. Comprehensive plan provisions or development regulations preclude the siting of an essential public facility if their combined effects would make the siting of an essential public facility impossible or impracticable. (i) Siting of an essential public facility is "impracticable" if it is incapable of being performed or accomplished by the means employed or at command. (ii) Impracticability may also include restrictive zoning; comprehensive plan policies directing opposition to a regional decision; or the imposition of unreasonable conditions or requirements. (iii) Limitations on essential public facilities such as capacity limits; internal staffing requirements; resident eligibility restrictions; internal security plan requirements; and provisions to demonstrate need may be considered preclusive in some circumstances. (b) A local jurisdiction may not include criteria in its land use approval process which would allow the essential public facility to be denied, but may impose reasonable permitting requirements and require mitigation of the essential public facility's adverse effects. (c) An essential public facility is not precluded simply because the comprehensive plan provisions would be too costly or time consuming to comply with. (d) If the essential public facility and its location have been evaluated through a state or regional siting process, the county or city may not require the facility to go through the local siting process. (e) Essential public facilities that are sited through a regional or state agency are distinct from those that are "sited by" a city or county or a private organization or Policy and Statute Background of Essential Public Facilities Element, Chapter 9 Jefferson County Comprehensive Plan Periodic Review Planning Commission, May 17, 2017 individual. When a city or county is siting its own essential public facility, public or private, it is free to establish a nonpreclusive siting process with reasonable criteria. (4) Comprehensive plan. (a) Requirements: (i) Each comprehensive plan shall include a process for identifying and siting essential public facilities. This process must be consistent with and implement applicable county-wide planning policies. (ii) No local comprehensive plan may preclude the siting of essential public facilities. (b) Recommendations for meeting requirements: (i) Identification of essential public facilities. When identifying essential public facilities, counties and cities should take a broad view of what constitutes a public facility, involving the full range of services to the public provided by the government, substantially funded by the government, contracted for by the government, or provided by private entities subject to public service obligations. (ii) Agreements among jurisdictions should be sought to mitigate any disproportionate financial burden which may fall on the county or city which becomes the site of a facility of a statewide, regional, or county-wide nature. (iii) Where essential public facilities may be provided by special districts, the plans under which those districts operate must be consistent with the comprehensive plan of the city or county. Counties and cities should adopt provisions for consultation to ensure that such districts exercise their powers in a way that does not conflict with the relevant comprehensive plan. (c) The siting process should take into consideration the need for county-wide, regional, or statewide uniformity in connection with the kind of facility under review. (5) Development regulations governing essential public facilities. (a) Development regulations governing the siting of essential public facilities must be consistent with and implement the process set forth in the comprehensive plan. (b) Except where county-wide planning policies have otherwise dictated siting choices, provision should be made for the possibility of siting each of the listed essential public facilities somewhere within each county's or city's planning area. (c) Counties and cities should consider the criteria established in their comprehensive plan, in consultation with this section to determine if a project is an essential public facility. Counties and cities may also adopt criteria for identifying an essential public facility. (d) If an essential public facility does not present siting difficulties and can be permitted through the normal development review process, project review should be through the normal development review process otherwise applicable to facilities of its type. (e) If an essential public facility presents siting difficulties, the application should be reviewed using the essential public facility siting process. Policy and Statute Background of Essential Public Facilities Element, Chapter 9 Jefferson County Comprehensive Plan Periodic Review Planning Commission, May 17, 2017 (6) The essential public facility siting process. (a) The siting process may not be used to deny the approval of the essential public facility. The purpose of the essential public facility siting process is to allow a county or city to impose reasonable conditions on an essential public facility necessary to mitigate the impacts of the project while ensuring that its development regulations do not preclude the siting of an essential public facility. (b) The review process for siting essential public facilities should include a requirement for notice and an opportunity to comment to other interested counties and cities and the public. (c) The permit process may include reasonable requirements such as a conditional use permit, but the process used must ensure a decision on the essential public facility is completed without unreasonable delay. (d) The essential public facility siting process should identify what conditions are necessary to mitigate the impacts associated with the essential public facility. The combination of any existing development regulations and any new conditions may not render impossible or impracticable, the siting, development or operation of the essential public facility. (e) Counties and cities should consider the extent to which design conditions can be used to make a facility compatible with its surroundings. Counties and cities may also consider provisions for amenities or incentives for neighborhoods in which facilities are sited. Any conditions imposed must be necessary to mitigate an identified impact of the essential public facility. [Statutory Authority: RCW 36.70A.050, 36.70A.190. WSR 10-22-103, § 365-196-550, filed 11/2/10, effective 12/3/10; WSR 10-03-085, § 365-196-550, filed 1/19/10, effective 2/19/10.] III. COUNTYWIDE PLANNING POLICY POLICY #4 POLICY ON THE SITING OF ESSENTIAL PUBLIC FACILITIES OF A COUNTY OR STATE WIDE SIGNIFICANCE 1. Essential public facilities are defined as: "Public or privately-owned facilities that are required to accommodate basic public needs, including those facilities that are typically difficult to site, Policy and Statute Background of Essential Public Facilities Element, Chapter 9 Jefferson County Comprehensive Plan Periodic Review Planning Commission, May 17, 2017 including local waste handling and treatment facilities such as landfills, drop-box sites and sewage treatment facilities, airports, state educational facilities, essential state public facilities, regional transportation and stormwater drainage, utility facilities, state and local correctional facilities, and in-patient facilities (including substance abuse facilities, mental health facilities and group homes). 2. The County and incorporated UGAs will jointly develop specific siting criteria for siting essential public facilities. The proposed criteria will be considered in the drafting of comprehensive plan policy addressing this issue. Elements of siting criteria should include, but not be limited to the following:  . proximity to major transportation routes and essential infrastructure.  . land use compatibility with surrounding area.  . potential environmental impacts.  . effects on resource and critical areas.  . proximity to UGA.  . public costs and benefits including operation and maintenance.  . current capacity and location of equivalent facilities.  . the existence, within the community, of reasonable alternatives to the proposed activity. 3. Comprehensive plans and development regulations will not preclude the siting of essential public facilities, however standards may be generated to insure that reasonable compatibility with other land uses can be achieved. 4. Essential public facilities sited outside of urban growth areas should be self-supporting and not require the extension, construction, or maintenance of urban services and facilities unless no Policy and Statute Background of Essential Public Facilities Element, Chapter 9 Jefferson County Comprehensive Plan Periodic Review Planning Commission, May 17, 2017 practicable alternative exists. Criteria will be established that address the provision of services when siting an essential public facility. Essential public facilities shall not be located in resource lands or critical areas if incompatible. IV. JEFFERSON COUNTY CODE 18.15.110 Special use permit – Siting of essential public facilities. The Growth Management Act directs that no comprehensive plan or development regulation may preclude the siting of essential public facilities (RCW 36.70A.200(2)). The location and permitting of essential public facilities shall be guided by the policies of the Comprehensive Plan, and subject to the following procedures: (1) The siting and location policies and strategies of the Jefferson County Comprehensive Plan and Countywide Planning Policy No. 4 shall be followed to the maximum extent possible. (2) Essential public facilities shall be located if possible within land use designations for which the uses are allowed (cf. Tables 3.1 or Chapter 18.18 JCC). (3) Only if no practicable alternative exists, and then only to the minimum extent possible and in accordance with applicable regulations, may such facilities be located where the uses are prohibited. (4) A special use permit shall be required only for the siting of essential public facilities under this code. (a) Process. A special use permit shall be reviewed under the same process as a Comprehensive Plan amendment, as specified in Chapter 18.45 JCC. (b) Application Requirements. An applicant for a special use permit shall provide the same application materials as for a petition for a site-specific land use redesignation, as specified in Chapter 18.45 JCC. A special use permit shall also include an alternative site analysis evaluating at least two other alternative sites for the proposed facility. (c) Approval Criteria. The burden of proof shall be on the applicant to provide evidence in support of the application. The criteria for approval or denial shall include the following elements: (i) The characteristics of the special use will not be unreasonably incompatible with the types of uses permitted in surrounding areas; (ii) The proposed special use will not create undue noise, odor, heat, vibration, air or water pollution impacts on surrounding existing or potential dwelling units; (iii) The special use will not materially endanger the health, safety and welfare of the community; (iv) The special use is such that pedestrian and vehicular traffic associated with the use will not be hazardous to or significantly conflict with existing and anticipated traffic in the local area; Policy and Statute Background of Essential Public Facilities Element, Chapter 9 Jefferson County Comprehensive Plan Periodic Review Planning Commission, May 17, 2017 (v) The special use will be supported by adequate public facilities or services and will not adversely affect pubic services to the surrounding area unless conditions can be established to mitigate adverse impacts; (vi) The location, size and height of buildings, structures, walls and fences and screening vegetation for the special use shall not hinder or discourage the appropriate development or use of neighboring properties; (vii) The special use is not in conflict with the policies of the Comprehensive Plan, the comprehensive plans of adjacent jurisdictions that may be affected by the use, or the basic purposes of this chapter; (viii) For special uses outside of UGAs, extension, construction, or maintenance of urban services and facilities is not required, unless no practicable alternative exists; (ix) No feasible alternative site exists which better meet the requirements of these criteria; (x) The need for the special use at a specific location is documented, taking into account regionwide distribution of facilities and the capacity and location of equivalent facilities; (xi) For special uses in or adjacent to resource lands, the impacts on the long-term natural resource management and production will be minimized; (xii) For state-owned essential public facilities, the state shall provide justification for the facility and its location in Jefferson County based on forecasted needs and a logical service area; and (xiii) For state-owned essential public facilities, the state shall have established a public process by which the residents of the county and of affected and “host” municipalities have a reasonable opportunity to participate in the site selection process. (d) Conditions of Approval. If approved, conditions of approval for the special use may include conditions of approval which address the criteria listed above and the following: (i) Accessibility; (ii) Transportation needs and services; (iii) Public facility and service needs and availability; (iv) Site design; (v) Control of on-site and off-site impacts during construction; (vi) Facility operations; and (vii) Impacts on environmentally sensitive areas. [Ord. 8-06 § 1] ESSENTIAL PUBLIC FACILITIES Jefferson County Comprehensive Plan 9-1 Revised by ORD#17-1213-04 ESSENTIAL PUBLIC FACILITIES PURPOSE This section contains guidelines and policies which outline a process and define a set of criteria to be used to identify sites for development of facilities classified as essential public facilities, and for establishing an appeal mechanism. The suggested process stresses avoiding duplication in approval processes, considers the long -term as well as short-term costs of alternative siting criteria, provides for effective public review of major facilities and emphasizes reasonable compatibility with neighboring uses. RELATIONSHIPS WITH OTHER ELEMENTS OF THE PLAN Because of the provisions in GMA for siting essential public facilities, other elements of the Comprehensive Plan analyze the potential impacts associated wi th the siting or expansion of essential public facilities. Element Discussion 1. Land Use/Rural Because of their potential size or nature, essential public facilities (EPFs) can have a substantial impact on land use and affect the overall rural character of Jefferson County. Design characteristics can be used to ensure that the EPF is compatible with its surroundings. 2. Environment The potential size of some essential public facilities may warrant significant environmental mitigation to protect critical areas, aquifer recharge areas, or other environmentally sensitive areas. ESSENTIAL PUBLIC FACILITIES - ISSUE BACKGROUND Essential Public Facilities include those facilities considered difficult to site because of potential adverse impacts related to size, bulk, hazardous characteristics, noise, or public health and safety. The CWPP stipulates that the County and its UGAs must identify appropriate land for essential public facilities that meets the needs of the community such as local waste handling and treatment facilities, landfills, drop-box sites and sewage treatment facilities, airports, state educational facilities, essential state public facilities, regional transportation and utility facilities, state and local correctional facilities, and in - patient facilities (including substance abuse facilities, mental health facilities and group homes). These facilities are difficult to site, serve regional or state requirements, or are part of a County-wide service system. The Revised Code of Washington (WAC) provides clarification as to what constitutes an essential public facility: ESSENTIAL PUBLIC FACILITIES Jefferson County Comprehensive Plan 9-2 Revised by ORD#17-1213-04 “In the identification of essential public facilities, the broadest view should be taken of what constitutes an essential public facility, involving the full range of servi ces to the public provided by government, funded substantially by government, contracted for by government, or provided by public entities subject to public service obligations.” The Office of Financial Management (OFM) shall maintain a list of those esse ntial state public facilities that are required or likely to be built within the next six years. The Office of Financial Management may at any time add facilities to the list. In addition to the list maintained by OFM, Jefferson County may identify other additional public facilities that are essential to providing services to residents and without which development cannot occur. ESSENTIAL PUBLIC FACILITIES AND PUBLIC PURPOSE LANDS Confusion often arises as to the distinction between lands identified for public purposes and those identified for essential public facilities. Essential public facilities can be thought of as a subset of public purpose lands. The table below illustrates this distinction. Table 9-1 Distinguishing Public Purpose Lands from Essential Public Facilities Public Purpose Lands Essential Public Facilities FOCUS: Lands needed to accommodate public facilities. Lands needed to provide the full range of services to the public provided by government, substantially funded by government, contracted for by government, or provided by private entities to public service obligations. Examples:  Utility Corridors  Transportation Corridors  Sewage Treatment Facilities  Storm water Management Facilities  Recreation Facilities  Schools  Other Public Uses FOCUS: Facilities needed to provide public services and functions that are typically difficult to site. Those public facilities that are usually unwanted by neighborhoods, have unusual site requirements, or other features that complicate the siting process. Examples:  Airports  Large-scale Transportation Facilities  State Educational Facilities  Correctional Facilities  Solid Waste Handling Facilities & Landfills  Inpatient Facilities (Substance Abuse Facilities, Mental Health Facilities & Group Homes). Many of the facilities identified in the table above as being “public facilities” located on public purpose lands are dealt with in other sections of this plan. The facilities in the column on the right of the table are typical essential public facilities and are addressed in this section. ESSENTIAL PUBLIC FACILITIES Jefferson County Comprehensive Plan 9-3 Revised by ORD#17-1213-04 GMA GOALS By their very nature or size, some essential public facilities may be unpopular with local residents, who may object to certain types of essential public facilities, such as correctional facilities or airports, locating in close proximity to their homes. GMA addresses this “NIMBY” attitude and contains provisions to ensure that jurisdictions avoid exclusionary zoning practices that prevent the siting of essential public facilities. RCW 36.70A.200 state s: “No local comprehensive plan or development regulation may preclude the siting of essential public facilities.” COUNTY-WIDE PLANNING POLICY Adopted CWPPs require the County and UGAs to develop a cooperative and structured process, including public involvement at an early stage, to consider the siting of public facilities of a regional, state-wide, or federal nature. Solid waste disposal, correctional, transportation, education, or human service facilities, or any other locally unpopular land uses are examples of those facilities. Any new facilities or major expansions of existing facilities must conform to these locally defined siting procedures described in the strategies section. County-wide Planning Policy #4 outlines the County’s approach to t he siting of essential public facilities:  The County and incorporated UGAs will jointly develop specific siting criteria for siting essential public facilities. The proposed criteria will be considered in the drafting of comprehensive plan policy addressing this issue. Elements of siting criteria should include, but not be limited to the following:  proximity to major transportation routes and essential infrastructure.  land use compatibility with surrounding area.  potential environmental impacts.  effects on resource and critical areas.  proximity to UGA.  public costs and benefits including operation and maintenance.  current capacity and location of equivalent facilities.  the existence, within the community, of reasonable alternatives to the proposed activity.  Comprehensive plans and development regulations will not preclude the siting of essential public facilities; however, standards may be generated to insure that reasonable compatibility with other land uses can be achieved.  Essential public facilities sited outside of Urban Growth Areas should be self- supporting and not require the extension, construction, or maintenance of urban services and facilities unless no practicable alternative exists. Criteria will be established that address the provision of services when siting an essential public facility. Essential public facilities shall not be located in resource lands or critical areas if incompatible. ESSENTIAL PUBLIC FACILITIES Jefferson County Comprehensive Plan 9-4 Revised by ORD#17-1213-04 GOALS AND POLICIES GOAL: EPG 1.0 The County, in cooperation with its UGAs, will utilize the following siting criteria as the basis for siting new essential public facilities or for the expansion of existing essential public facilities: 1. Proximity to major transportation routes and essential infrastructure; 2. Land use compatibility with surrounding ar eas; 3. Potential environmental impacts; 4. Effects on resource and critical areas; 5. Proximity to UGAs 6. Public costs and benefits including operation and maintenance; 7. Current capacity and location of equivalent facilities; and, 8. The existence, within the community, of reasonable alternatives to the proposed activity. 9. Other criteria as determined relevant to the specific essential public facility POLICIES: EPP 1.1 Establish an interjurisdictional approach to siting essential public facilities. EPP 1.2 Identify and designate essential public facilities of state-wide, county-wide and local significance and incorporate into the County Comprehensive Plan and Map and the County-wide Planning Policy. EPP 1.3 Ensure that the Comprehensive Plan and implementing regulation s do not preclude the siting of essential public facilities. EPP 1.4 Adopt development regulations that ensure that siting of essential public facilities is consistent with the elements of the Comprehensive Plans of both the County and City of Port Townsend, as well as, the siting criteria jointly established by the County and its UGAs. EPP 1.5 Adopt development regulations for essential public facilities in conjunction with the City of Port Townsend, which consider the following factors: A. Specific facility requirements including, but not limited to, acreage requirements, transportation needs, availability of alternative sites, and infrastructure and services required by the facility. 1. Minimum acreage 2. Accessibility 3. Transportation needs and services 4. Supporting public facility and public service needs and availability thereof 5. Health and safety 6. Site design ESSENTIAL PUBLIC FACILITIES Jefferson County Comprehensive Plan 9-5 Revised by ORD#17-1213-04 7. Zoning of the site 8. Availability of alternative sites 9. Community-wide distribution of facilities 10. Capacity and location of equivalent facilities 11. State and federal siting requirements B. Impacts of the facility including, but not limited to, compatibility with adjacent land uses, environmental impacts and transportation. 1. Land use compatibility 2. Existing land use and development in adjacent and surrounding areas 3. Existing zoning of surrounding areas 4. Existing Comprehensive Plan designation for surrounding areas 5. Present and proposed population density of surrounding area 6. Environmental impacts and opportunities to mitigate environmental impacts 7. Effect on agricultural, forest or mineral lands, critical areas and historic, archaeological, and cultural sites 8. Effect on areas outside of Jefferson County 9. Effect on the likelihood of associated development 10. Effect on public costs including operating and maintenance 11. Proximity to Urban Growth Areas 12. Proximity to major transportation routes and essential infrastructure 13. Current capacity and location of equivalent facilities 14. Public costs and benefits including operation and maintenance 15. The existence, within the community, of reasonab le alternatives to proposed activity C. Impacts of the facility siting on Urban Growth Area designations and policies including, but not limited to, proximity to existing UGAs, compatibility with existing UGAs and their associated development and the urban characteristics of the proposed facility. 1. Urban nature of facility 2. Existing urban growth near facility site 3. Compatibility or urban growth with the facility 4. Compatibility of facility siting with respect to Urban Growth Area boundaries EPP 1.6 Adopt development regulations for essential public facilities which specify: a. The time required for construction b. Property acquisition c. Control of on-site and off-site impacts during construction d. Expediting and streamlining necessary government approvals and permits if all other elements of the County policies have been met. e. The quasi-public or public nature of the facility, balancing the need for the facility against the external impacts generated by its siting and the availability of alternative sites with lesser impacts ESSENTIAL PUBLIC FACILITIES Jefferson County Comprehensive Plan 9-6 Revised by ORD#17-1213-04 EPP 1.7 Adopt development regulations for essential public facilities which include standards and criteria related to: a. Facility operations b. Health and safety c. Nuisance effects d. Maintenance of standards congruent with applicable governmental regulations, particularly as they may change and become more stringent over time. EPP 1.8 Ensure that new essential public facilities or the expansion of existing essential public facilities sited outside of Urban Growth Areas are self supporting and do not require the extension or construction of urban services and facilities unless no practicable alternative exists. EPP 1.9 Ensure that Jefferson County's policies and regulations on essential public facility siting are coordinated with and advance other planning goa ls. EPP 1.10 Ensure that where possible, essential public facility sites are used jointly for public benefit. EPP 1.11 Ensure that affected agencies and citizens, adjacent jurisdictions, and other interested parties are given adequate notice and opportunity for meaningful participation in decisions on siting essential public facilities. EPP 1.12 Establish a review body with specified procedures established to hear appeals of site selection for essential public facilities. EPP 1.13 Combine public hearings for permits required by federal and/or state law for essential public facilities with any public hearing required by County development regulations whenever feasible. EPP 1.14 Any state essential public facility included on the list maintained by the Office of Financial Management (OFM) and proposed for siting within Jefferson County shall be subject to the same siting process as identified in both the County Comprehensive Plan and development regulations. EDP 1.15 Develop standards to allow reclamation of waste disposal sites to other land uses. EDP 1.16 Consider investigating whether the County can be waste disposal self sufficient for the next twenty (20) years. GOAL: EPG 2.0 Ensure the continued viability of the Jefferson County International Airport as a transportation hub. POLICIES: EPP 2.1 During the Port’s preparation of a sub-area plan for the JCIA and appropriate surrounding properties, limit new development proposals at the JCIA site to only those uses which are clearly identified as aviation support facilities or ESSENTIAL PUBLIC FACILITIES Jefferson County Comprehensive Plan 9-7 Revised by ORD#17-1213-04 aviation related development in conformance with the airport’s designation as an essential public facility. EPP 2.1.1 Aviation Support Facilities are those uses which directly support the operation of the Jefferson County Airport: EPP 2.1.2 Aviation Related Development are those uses which are reliant upon the airport for their business: EPP 2.2 Cooperate with the Port of Port Townsend to develop a sub -area plan to guide future development at the Jefferson County Internat ional Airport. This sub- area plan may evaluate non-aviation uses and activities that are compatible with the airport facility and surrounding area. The sub -area plan should address the following siting issues for all new uses and activities proposed for siting at the Jefferson County International Airport and all plans for facilities expansion: a. Compatibility with airport operations as an essential public facility; b. Provision of infrastructure consistent with the requirements of the GMA; c. Land use compatibility with surrounding area; d. Potential environmental impacts; e. Availability of alternative sites; f. Public health and safety; g. Sub-area plan amendment process for possible future acquisition of adjacent properties GOAL: EPG 3.0 Ensure continuation of the airport as a safe and efficient essential public facility. POLICIES: EPP 3.1 Develop an “Airport Overlay Zone” for Jefferson County International Airport (JCIA) which:  Discourages the siting of new, incompatible land uses adjacent to the airport;  Establishes a noise overlay zone;  Identifies and regulates land uses within a “runway protection zone;”  Identifies and regulates land uses within an “airport approach zone;” and,  Regulates obstacles in accordance with Federal Aviation Regulations (FAR) 77 until the “Airport Overlay Zone” is established for the JCIA. EPP 3.2 Contingent upon the results of the “Glen Cove/Tri -Area Special Study,” review and, if necessary, amend the JCIA section of the Essential Public Facilities element. EPP 3.3 Limit and regulate all uses within the Jefferson County International Airport Runway Protection Zone, except for facilities and structures determined necessary to ensure the safe operation of aircraft. ESSENTIAL PUBLIC FACILITIES Jefferson County Comprehensive Plan 9-8 Revised by ORD#17-1213-04 EPP 3.4 Prohibit any new use which involves release of airborne substances, such as steam, dust, and smoke which interfere with aircraft operations within the Airport Approach or Runway Protection Zones. EPP 3.5 Prohibit any new uses which emit light, direct or indirect (reflections), which may interfere with a pilot’s vision within the Airport Approach or Runway Protection Zones. EPP 3.6 Facilities which emit electrical currents shall be installed in a manner that does not interfere with communication systems or navigational equipment. EPP 3.7 Prohibit any new uses that attract concentrations of birds or waterfowl (i.e., mixed solid waste landfill disposal facilities, waste transfer facilities, feeding stations, and the growth of certain vegetation) in the Airport Approach or Runway Protection Zones. EPP 3.8 Encourage the Port of Port Townsend to continue its efforts to mitigate noise conflicts at Jefferson County International Airport. EPP 3.9 Encourage the commitment between Jefferson County and the Port of Port Townsend to coordinate individual planning documents to preclude the occurrence of future noise conflict areas. Coordinate with the Port of Port Townsend to explore options in flight patterns to mitigate noise events, as long as options preserve safe aeronautical regulations and procedures. ESSENTIAL PUBLIC FACILITIES Jefferson County Comprehensive Plan 9-9 Revised by ORD#17-1213-04 STRATEGIES A. ESSENTIAL PUBLIC FACILITIES STRATEGY Jefferson County’s process for siting Essential Public Facilities consisting of the following components and the criteria contained in EPG 1.0, shall be utilized to make siting decisions regarding Essential Public Facilities. Action Items 1. The County’s essential public facility site selection process shall consist of the following elements The County Commission shall:  Establish an Essential Public Facilities Advisory Committee (EPFAC)  Define EPFAC responsibilities and operating framework  Determine EPFAC composition  Appoint EPFAC members  Identify budget parameters  Establish process time-line  Negotiate and adopt agreement with agency or entity requiring siting  Coordinate and support the EPFAC process  Review EPFAC recommendations  Submit recommendations to requesting agency/entity. The requesting agency/entity should:  Negotiate and adopt an agreement with the County Commission  Solicit nominations for potential sites  Provide data support as appropriate and requested  Submit site nominations for analysis  Conduct initial SEPA review  Receive recommendations and begin follow-up process as appropriate The EPFAC should:  Conduct organizational and educational meetings in a public format  Quantify facility needs  Identify siting issues  Analyze and rank sites  Conduct public information meetings  Prepare recommendations  Present recommendations to County Commission  Coordinate all matters relating to the siting of EPFs, including interjurisdictional matters The EPFAC shall use the siting criteria contained in the CWPP and supplement these as deemed necessary. The committee shall also be guided in its decision by asking the following questions during each decision-making process.  Is the facility in the best interests of the citizens of Jefferson County? ESSENTIAL PUBLIC FACILITIES Jefferson County Comprehensive Plan 9-10 Revised by ORD#17-1213-04  In what regard is such a facility “essential” and is it truly public?  Which criteria should be applied to best locate such a facility? All meetings of the EPFAC shall be advertised to ensure timely public notice and to provide sufficient opportunity for all affected parties to comment on the proposed siting decision. (Corresponding Goal: 1.0) 2. Appeals to the decision(s) of the EPFAC shall be processed as a “Type C” decision, in accordance with Jefferson County’s “Procedural Reform Ordinance.” (Corresponding Goal: 1.0) 3. Adopt development regulations and establish a process to site essential public facilities on the list maintained by the State Office of Financial Management. All requests by the State to site essential public facilities of statewide significance shall be submitted with written findings of fact outlining the need for siting the facility in Jefferson County and an outline of the process used by the State to make its site selection decision. The findings shall include, but not be limited to, identifying all other jurisdictions considered for the facility and reasons for rejecting alternative sites. (Corresponding Goal: 1.0) 4. Advance planning goals regarding essential public facilities using th e following strategies:  Reduce sprawl development  Promote economic development and employment opportunities  Protect the environment  Provide positive fiscal impact and on-going benefit to the host jurisdiction  Serve population groups needing affordable housing  Receive financial or other incentives from the State and/or local governments  Support fair distribution of essential public facilities throughout the County  Require State and Federal projects to be consistent with this policy. (Corresponding Goal: 1.0) B. JEFFERSON COUNTY INTERNATIONAL AIRPORT STRATEGY Action Items 1. Jefferson County shall work cooperatively with the Port of Port Townsend and aviation officials to develop and adopt an “Airport Overlay Zone” for Jefferson County International Airport. (Corresponding Goal: 3.0) 2. Based upon the results of the Glen Cove/Tri-Area Study, the County may re-evaluate land use designations within the “Airport Overlay Zone.” (Corresponding Goals: 2.0, 3.0)