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Home My WebLink AboutPC Agenda 09-20-2017Jefferson County Planning Commission MEETING AGENDA Tri-Area Community Center September 20, 2017 P: 360-379-4450 621 Sheridan St. F: 360-379-4451 Port Townsend WA 98368 plancomm@co.jefferson.wa.us 5 OPENING BUSINESS • Call to Order/Roll Call • Approval of Agenda • Approval of previous Meeting Minutes, if available • Commissioner Announcements • Director’s Update PM 6 DISCUSSION • Unified Development Code (UDC) Update .............. Joel Peterson, Associate Planner o Continue Review and Discussion on 2018 Amendments to Title 18 http://www.codepublishing.com/WA/JeffersonCounty/ • Overview of critical areas ordinance update and agriculture ...................................................Donna Frostholm, Associate Planner PM 7 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 … 1) 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; 2) Offered at the Chair’s discretion when there is time; 3) Not a public hearing – comments made during this time will not be part of any hearing record; 4) May be structured with a three-minute per person time limit. PM 7 CLOSING BUSINESS • Summary of today’s meeting • Follow-up action items • Agenda Items for the following Planning Commission meeting PM 7 ADJOURNMENT • Thank you for coming and participating in your government at work! 30 00 00 15 30 PM 621 Sheridan St. Port Townsend WA 98368 P: 360-379-4450 F: 360-379-4451 plancomm@co.jefferson.wa.us Jefferson County Planning Commission MEETING MINUTES Tri-Area Community Center August 30, 2017 Page 1 of 2 Please note, these minutes are intended to provide a summary of meeting decisions and except for motions made, should not be relied upon for specific statements from individuals at the meeting. If the reader would like to hear specific discussion, they should visit Jefferson County’s website at: https://wa-jeffersoncounty.civicplus.com/580/Planning-Commission and listen to the audio file (to assist in locating information, time stamps are provided along the left side of the page). Call to Order at 5:30 pm ROLL CALL District 1 District 2 District 3 Staff Present Coker: Present Jochems: Present Hull: Present David Greetham, DCD Planning Manager Koan: Present Sircely: Present Nilssen: Present Donna Frostholm, DCD Associate Planner Felder: Present Smith: Present Giske: Present Joel Peterson, DCD Associate Planner Patty Charnas, DCD Director Nicole Allen, DCD Office Coordinator Facilitator: Cynthia Koan Approval of Agenda: Agenda approved (0:01:30) Approval of Minutes: Minutes for August 16, 2017, April 5, 2017 and March 15, 2017 approved (0:10:45) Public in Attendance: 5 COMMISSIONER ANNOUNCEMENTS 0:12:32 – Nilssen August 20 septic system meeting report out. 0:13:40 – Coker Had brief impromptu meeting with member of the public on global warming. 0:14:10 – Smith Smith met with Mick Chapman regarding Cypress Island salmon net pen failure. DIRECTOR UPDATES 0:15:45 – Peterson Announced desire for representation from District 2 for Public Infrastructure Fund Board. 0:25:14 – Greetham Philip Hunsucker of the Prosecuting Attorney’s Office gave refresher on Public Meetings Act and Appearance of Fairness doctrine. MOTIONS 2:16:55 Motion to send Visioning Consultant current drafts of all Vision Statement versions and then meet to review with Visioning Consultant accepted. DISCUSSION 0:47:22 – Peterson Unified Development Code (UDC) Update. UDC amendment & initiate other UDC amendment decisions. 1:16:37 – Frostholm Critical areas ordinance update: Critical Area Reports CAO). PUBLIC COMMENT 1:25:47 – Cindy Jayne Attending as representative of Climate Action Committee. Offered to review draft of Critical Area Ordinances. 1:28:10 – 1 citizen commented that drainage and erosion section of JCC18.22.410 in the CAO should be clearer with regards to critical areas; requested definition of Wetland Delineation Report. 1:29:30 – 1 citizen requested information regarding documentation available on current housing issue. 621 Sheridan St. Port Townsend WA 98368 P: 360-379-4450 F: 360-379-4451 plancomm@co.jefferson.wa.us Jefferson County Planning Commission MEETING MINUTES Tri-Area Community Center August 30, 2017 Page 2 of 2 ELECTION OF CHAIR 1:49:30 Cynthia Koan was re-elected Planning Commission Chair. FOLLOW-UP ITEMS 2:06:45 – Koan Dates for upcoming Comprehensive Plan Public workshops to be determined. Vision Statement contributions should be submitted to the Planning Commission Desk. Next Planning Commission meeting is scheduled for 09/20/2017 at 5:30 pm at the Tri-Area Community Center. Adjourned at 8:05 pm These meeting minutes were approved this ____________ day of ___________________________, 2017. ________________________________________ _________ ______________________________________________________________ Cynthia Koan, Chair Nicole Allen, PC Secretary/DCD Office Coordinator 621 Sheridan St. Port Townsend WA 98368 P: 360-379-4450 F: 360-379-4451 plancomm@co.jefferson.wa.us Jefferson County Planning Commission MEETING MINUTES Tri-Area Community Center April 19, 2017 Page 1 of 2 Please note, these minutes are intended to provide a summary of meeting decisions and except for motions made, should not be relied upon for specific statements from individuals at the meeting. If the reader would like to hear specific discussion, they should visit Jefferson County’s website at: https://wa-jeffersoncounty.civicplus.com/580/Planning-Commission and listen to the audio file (to assist in locating information, time stamps are provided along the left side of the page). Call to Order at 5:32 pm ROLL CALL District 1 District 2 District 3 Staff Present Coker: Present Jochems: Present Hull: Absent E David Greetham, DCD Planning Manager Koan: Present Sircely: Present Nilssen: Present Donna Frostholm, DCD Associate Planner Felder: Present Smith: Present (remote) Giske: Present Joel Peterson, DCD Associate Planner Facilitator: Cynthia Koan Approval of Agenda: Agenda approved (0:0:55) Approval of Minutes: None available Public in Attendance: 0 COMMISSIONER ANNOUNCEMENTS 0:01:03 – Felder Commented on the need for U-Haul to be screened/buffered from the road. 0:02:24 – Jochems Relayed comments from Port Ludlow residents regarding short-term rentals. 0:05:26 – Koan Attended meeting at The Grange regarding the Hirst decision. 0:06:49 – Coker Attended local 20/20 event. 0:07:34 – Koan Communicated that the Democrats are building a scholarship fund for youth who are pursuing degrees in environmental sciences. DIRECTOR UPDATES 0:08:45 – Greetham Announced that the county has a new Civil Deputy Prosecuting Attorney. Discussed the results of a staff planner’s attendance at the tsunami awareness event. 0:10:52 – Peterson Discussed roll-out of Comp Plan updates. DISCUSSION 0:19:30 – Frostholm Presentation on draft Critical Areas Ordnance update. General overview of CAO; fish & wildlife habitat conservation area; administrative provisions overview. 1:25:56 – Vision Cmmttee Presented draft Vision Statement. MOTIONS None PUBLIC COMMENT None 621 Sheridan St. Port Townsend WA 98368 P: 360-379-4450 F: 360-379-4451 plancomm@co.jefferson.wa.us Jefferson County Planning Commission MEETING MINUTES Tri-Area Community Center April 19, 2017 Page 2 of 2 FOLLOW-UP ITEMS 2:27:30 – Koan Each Committee Member, so moved, is to create their version of a final Vision Statement which will be emailed the Friday before and reviewed at the next Planning Commission meeting. Remind Planning Commission to submit Fish and Wildlife (CAO) comments to PC Desk by 04-28-17. Next Planning Commission meeting is scheduled for 05/03/2017 at 5:30 pm at the Tri-Area Community Center. Adjourned at 8:02 pm These meeting minutes were approved this ____________ day of ___________________________, 2017. ________________________________________ _________ ______________________________________________________________ Cynthia Koan, Chair Nicole Allen, PC Secretary/DCD Office Coordinator DRAFT WORK PRODUCT version 9/19/2017 Page: 1 I.D. Number M = Maintenance. (Update citations, correct scrivener errors) S = Suggested Amendment. Enhance usability, applicability, or understanding JCC Reference Description Disposition: PC Deliberation DCD Recommendation Other notes 2 M 15.15.080 (2) Flood Damage Prevention. Provisions for flood hazard reduction. Eliminate second sentence: "Additional standards were clarified in FEMA Technical Bulletin 11-01 to allow crawlspace construction for buildings located in the special flood hazard areas...however increased insurance premiums by 20 percent " 3 M 18.05.080 Hearing Examiner qualifications to be specified. "The hearing examiner shall have seven years' experience as an attorney with land use experience, or seven years' experience in a land use related field, or some combination of both which would qualify as seven years' necessary training and experience to conduct administrative or quasi-judicial hearings on land use regulatory matters." 4 M 18.05.090 Table 1-1 *Correct abbreviation for Urban Low Density Residential *Add Urban Public district to UGA *Change Resource-based Industrial from RI to RBI for consistency *Remove Environmentally Sensitive Areas as an overlay designation *Added Airport Overlay III *Changed text from ESA to Critical Areas *Removed text 'administrator will do site visits before requiring special reports' CODE MAINTENANCE 2018 Jefferson County Unified Development Code (UDC) Amendments Docket (Excluding Shoreline Master Program and Critical Areas Update) DRAFT WORK PRODUCT Version 9/19/2017 DRAFT WORK PRODUCT version 9/19/2017 Page: 2 5 M 18.10.010 Align Affordable Housing definition with RCW 43.185b.010 & County Resolution 112-94 (CWPP 6.1). See also note to 18.15.520(4)(f) in Code Publishing report. Corrected percentage of household income from 36 to 30% to conform with comprehensive plan housing element, RCW 43.185B.010 & CWPP 6.1. 12 M 18.10.030 Defined calendar days. 6 M 18.10.030 *Removed ESA definition, added Critical Area definition 13 S 18.10.060 Provides more detailed definition of "Family" to accommodate a variety of living arrangements, such as for housing affordability. 7 M 18.10.090 Provide consistency for definitions of Hobby Kennels and Commercial Kennels between JCC Title 6 and 18. (I.e. "two litters of cats or dogs per year…and does not meet definition of Commercial Kennel at JCC 6.07.020."). Add definition for Commercial Kennel to 18.10.030. 14 M 18.10.150 Create Consistency with ORD 01-0106-14 (Conservation Futures) and RCW 84.34.020 for definition of "Open space land". 15 M 18.10.180 Omit liquid petroleum (propane) from Regulated Substance as it relates to Above Ground and Under ground storage tanks. This would take regulation of propane tanks out of the classification of "Regulated substance" in WAC 173-360- 120. 9 M 18.10.190 Add definition of “silviculture” used in JCC 18.20.330 10 M 18.10.190 Add definition for “Standing” 16 M 18.15.185 thru .400 Note: there are many instances in virtually each chapter of Title 18 of the old references to Environmentally Sensitive Areas [Critical Areas], which used to be treated as Land Use Overlays in 18.15, Article VI-D through Article VI-J. Many edits to update the reference to Chapter 18.22 Critical Areas will be identified in the code text itself, and not replicated here. 20 S 18.15.030 Add new subsection (4) for "Public" as denoted in 18.05 Table 1-1, for areas zoned pubic but are not Parks, Preserves & Recreation. 23 M 18.15.040 Table 3-1 Fix awkward adjectival "recreational" reference in "Marijuana recreational producer", "Marijuana recreational processor", "Marijuana recreational retailer". Remove altogether or write as "Marijuana producer (recreational)". Performance standards are awkwardly in alphabetized list under "Recreational" at 18.20.295. Move to "M". DRAFT WORK PRODUCT version 9/19/2017 Page: 3 25 M 18.15.040 Table 3-1 p. 18-47, Note 6. Land Use District list: category under Rural Industrial is misidentified, change "RI - Resource Industrial" to "RBI - Resource-Based Industrial" to comport with land use descriptions at 18.15.015 (3)(c) describing RBI. 28 M 18.15.110 Add proper citation for CWPP #4. (Jefferson County Resolution No. 112-94). 29 M 18.15.110 Switch "18.15.110 Special use permit--Siting of essential public facilities" to "18.15.110 Siting of essential public facilities--special use permit". The section is written to address EPF siting requirements, not to address what type of permit or review process it is. Also change table of contents on p. 18-40. 18.40.040 Table 8-1 Type V column, change "Special Use Permits under JCC 18.15.110" to "Siting Essential Public Facilities under JCC 18.15.110". 30 M 18.15.1124 Clarify standards used for FAA regs with document cite. 31 M 18.15.1132 Ground transportation facilities—provide regulation cite 32 M 18.15.115 Strike "The only existing officially designated master planned resort in the county is the Port Ludlow MPR," 33 M 18.15.150 (2)(a)"The facility cannot otherwise be suitability [change to suitably] located on undesignated land;" 35 M 18.15.160 Strike "except as provided for ESAs in JCC 18.15.165." 36 M 18.15.170 (6)Change "pursuant to Article VI-H and VI-I" to "pursuant to Chapter 18.22 JCC" 37 M 18.15.185 Edit notes under Article VI-D Environmentally Sensitive Areas District 38 M 18.15.225 The JCC still references the appellant examiner for the Reasonable Economic Use Variance process. Does this mean that we would still use the appellant examiner process in these instances? Should this be docketed? Or has it already been? 18.15.225 Notice. 39 M 18.15.255 JCC 18.15.255 (3)(a) references an outdated portion of the On-site Sewage Code. I believe it should reference WAC 246-272-22501. 42 M 18.15.520 PRRDs—affordable housing definition at 18.15.520(4)(f). Change "36 percent gross income" to "30 percent gross income", reference RCW 43.185B.010 and CWPP 6.1 added definition per Co. Res. No. 112-94. +Corrected low income "hosing" to low income "housing". +Also changed in 18.10.010. 43 M 18.15.525 (2)(b)Change "Articles VI-D through VI-J of this chapter" to Chapter 18.22 JCC. 44 M 18.15.530 (2)(b)Change reference of Article VI-F to Ch. 18.22 JCC DRAFT WORK PRODUCT version 9/19/2017 Page: 4 46 M 18.15.571 (6)(d)Change reference of Article VI-D and VI-J to appropriate Ch. 18.22 JCC references. 47 M 18.15.572 Review possibly awkward construction between 18.15.470 "Article VI-L Remote Rural Overlay Districts for the West End Planning Area and the Brinnon Planning Area" and 18.15.572 "Article VI-O Small-Scale Recreation and Tourist (SRT) Overlay District" -- which is referring only to Brinnon Subarea Plan. Rename Article VI-O to include "Brinnon Subarea Plan" or address all SRT in one area. See also Article VII -- Subarea Plans; 18.15.580 Brinnon Subarea Plan. 49 M 18.15.610 (2)(b)MID approval criteria. Analyzing impacts of major industrial development--uses term "cumulative effects" which should probably be defined. 50 M 18.15.610 (8) 18.15.610 (10) Change references. ESA to Ch. 18.22 JCC. 51 M 18.15.635 Reauthorization of Article needed through Board’s legislative action. Refers to code provisions for Major Industrial Developments (MID) -- requires public hearing and reauthorization action. Review GMA amendments. 52 S 18.18 Code Interpretation 6/10/2009 explaining transitional and urban zoning and lot combinations. Review interpretation for possible code text that is more expository. 58 M 18.18.060 (3) Need reference for County Stormwater Management Plan 59 S 18.18.100(2)(g) UGA sign regulations differ from 18.30.150(8)(d) and may be impermissible restraint on speech. Generally, need to review sign code across UDC for compatibility between 18.18, 18.20 and 18.25. Review for compliance with "strict scrutiny" standard. 60 M 18.18.100 (3)(a)(ii)Electronic readerboard signs in UGA. Add "and residential districts for public purpose facilities" to update from Ordinance 10-1117-14. 61 M 18.18.130 Update list of applicable development standards with "18.19". 65 M 18.20.030 Change reference to performance standards in subsection (2)(b)(vi)(C) (previously directed to non-existent location) 66 M 18.20.030 (3)(e)(ii)(B)(II) Misreference. "Agricultural schools under this section which also house students and/or faculty for the duration of the course of study must meet the requirements of JCC 18.40.080 for a conditional use permit. Change to 18.40.490 [Article VIII--Conditional Uses] 67 M 18.20.030 (2)(b)(vi)(C) Correct the citation given in JCC 18-20-030 (2)(b)(vi)( C ) "Facilities for breeding and raising dogs for show or sale must be incidental and accessory to the principal farm activities and meet all of the performance standards for animal kennels and shelters at JCC 18.20.060 (3) -- remove subsection (3) [does not exist]. DRAFT WORK PRODUCT version 9/19/2017 Page: 5 68 M 18.20.030(2)(b)(v)(C)Pond exemption from stormwater permit. Page 18-114.1 Refers to JCC 18.30.070(6) which does not exist. Change to "18.30.060 (5)(b)(v)". 70 S 18.20.140 JCC 18.20.140 needs requirements for General Institutional Uses. 71 M 18.20.150 (1)(c)Update RCW reference. 73 M 18.20.160 (5)The text of RCW 76.09.060 and JCC 18.20.160(5) are conflicting. The text needs to be updated to coincide with one another. [Forest Practices Act, conversion harvest and development moratorium] 72 M 18.20.160 (5)(a)(ii) 18.20.160 (5)(c) The text of JCC 18.20.160 (5)(a)(ii) needs to be modified to show that DNR is no longer recording the moratoriums. Jefferson County is sending out a request to the applicant to record their moratorium and give a copy to DCD after they have recorded their moratorium. Or, delete requirement to record intent to not convert. +Revise release of moratorium and add the one acre provision 18.20.160 (5)(c) (assessor allows one-acre site allowing to remain under forestry tax category.) 76 M 18.20.182(9)(a)18-114.15 References WAC 246-215-160 which is now WAC 246-215-09150. [Health Department rule regarding hand- washing station with Mobile Food Units] 79 M 18.20.295 Update name of “Liquor and Cannabis Board”. Add definitions for license and licensee. 81 M 18.20.295 (3)(b)Add USE in "Allowed as conditional discretionary (C(d)) use with a cottage industry permit…" 69 S 18.20.295 (4)(g) 18.20.295 (4) (g) – Recreational Marijuana: site development standards require all have “Type A” landscape screening from adjacent parcels. This is nonsense for retail. Add text here about administrative options to adapt different performance standards. 82 M 18.20.350(1)Page 18-114.25 Refers to overlay at 18.15.572 (Brinnon Subarea Plan) but omits overlay at 18.15.470 83 M 18.20.350(3)Page 18-114.26 Same as above—SRT overlay districts also at 18.15.470 86 M 18.20.420 Deleted reference that is now outdated. The requirement to comply with the standards of the American Animal Hospital Association should be removed since this body is voluntary per the Hearing Examiner on MLA12-00276. 90 S 18.30.050 Add provision for use when two or more lots are used to meet requirements of the code (added new 050(3)(c)) 93 M 18.30.060 (5)(b)Misreference. "All grading of 500 cubic yards or more shall be subject to a stormwater management permit, as specified in JCC 18.30.070 (6) [incorrect citation, should be 18.30.070 (5).] 96 M 18.30.070 (2)Add reference to stormwater exemption at 18.20.030 (2)(b)(iv)(D). DRAFT WORK PRODUCT version 9/19/2017 Page: 6 95 M 18.30.070 (5)Misreference in 18.30.070 Stormwater. "All grading of 500 cubic yards or more (not exempted under subsection (5)(b) of this section)" change to "(not exempted under 18.30.060 (5)(b))… 101 S 148.30.100 Table 6-3 Investigate parking stall size standards for compact vehicles. 103 S 18.30.130 (8)(b)Pruned and trimmed as necessary—see Wuthrich v. King County, No. 92555-5 and note for JCC 18.30.050. 104 M 18.30.150 (8)(d)Harmonize with UGA sign code at JCC 18.18.100. 106 M 18.30.150 (8)(d) Removed time limits for political signs. JCC 18.30.150 regarding time limits for political signs--Reed v. City of Maguire U.S. Supreme Court applies "strict scrutiny" standard to any regulation based on content. Remove the political time limits so they are not regulated differently from real estate signs, et cetera. JMP 107 M 18.30.150 (6)(q) 18.30.150 (6)(r) * (q) Replace "UGA" with "urban commercial". *(r) need height standard referencing "urban residential" zone too: 8 foot height as in Rural Residential 109 M 18.30.190 Noise. Is there any need to update or cross reference the noise standards between the existing 18.30.190 and the new Chapter 8.70 "Noise Control" enacted by Ordinance No. 02-0209-15, which addresses community nuisance noise. 112 M 18.35.060 (7)New subsection .060 (7) to Article II, Boundary Line Adjustments, adding language governing Boundary Line Agreements, in accordance with RCW 58.04.007. 113 M 18.35.070 Changed reference in this subsection from ESA to critical area. In the BLA requirements in the JCC, identify critical areas on the submitted site plan. 115 M 18.35.080(5) 18.35.140(5) 18.35.310(3) JCC 18.35.080(5) Refers to RCW 86.56.345- This should be RCW 84.56.345 (Alteration of property lines - Payment of taxes and assessments). Also change in 18.35.140 (5) & 18.35.310 (3). 116 M 18.35.120(3)(i)Changed references from ESA to critical area 117 M 18.35.400 18.35.410 Updated to reflect Legislative amendments to RCW 58.17.140 & 58.17.170 extending the time limit on final long plat submittal, and extending the time period after final plat approval under which the plat approval is vested, in a manner parallel to the extension of the time period for filing a final plat. PAO 120 M 18.35.670(1)(a)JCC 18.35.670(1)(a) reads "containing four or fewer lots." It should say "resulting in 4 or fewer lots." The word "containing" needs to be changed to "resulting in." 147 S 18.40.030 Additional language to determine project review type. 121 M 18.40.030 (5)Edit sentence "Project review conducted pursuant to…" for clarity. DRAFT WORK PRODUCT version 9/19/2017 Page: 7 122 M 18.40.080(2)Typographic error: change 42.31C to “43.21C” 125 M 18.40.100 (3)(c)Clarify: Chapter 58.16 RCW in 1937 "(now codified at Chapter 58.17 RCW)". 126 M 18.40.110 For clarity, change section title from "18.40.110 Submission of acceptance of application determination of completeness – Additional information and project revision" to "18.40.110 Determination of complete application – Additional information and project revision." 129 M 18.40.130 (2)Review text and revise for clarity. Looks like cut/paste from RCW and not completely in context. 130 M 18.40.160 "The administrator shall issue a notice of application on all Type II and Type III project permit applications. Add "and Type I applications requiring SEPA review." 131 M 18.40.220 JCC 18.40.220 states nothing about e-mailing comments. We've been accepting e-mail comments. Maybe it's not appropriate, especially given the abundance of public records requests. 132 M 18.40.220 (1)Changed the 14 day comment period on the Notice of Application to 15 days when an open record predecision hearing is, as required by RCW 36.70B.110 (3). 134 S 18.40.320(3)Eliminated requirement to post a Notice of Decision. [Did editor go too far to remove Assessor from notice list? -Jmp] 136 M 18.40.350 Code Interpretations. "Code interpretations are not subject to noticing provisions of 18.40 except to Applicant/Appellant." 138 M 18.40.450 (4)"Approving the proposed site plan will "serve" [strike serve] not be a detriment to the public use and interest." 142 S 18.40.640 Code Interpretation, David Goldsmith (no date, 2016), Administrative Road Setback Variances shall be subject to Article IX, 18.40.640 Variance Types -- Review Process, as a distinct variance in addition to other types of variances provided in the code. Refer also to 18.30.050 Table 6-1 footnote #6, "...the administrator may reduce the minimum road setbacks if the strict application of such setback would render a legal lot of record unbuildable under the provisions of the code." 18.40.650(5) That the condition is not caused by applicant. Clarify that the application will be evaluated under these variance criteria. Ensure consistent and equitable review for all applicants. 152 M 18.40.750 (1)Updated WAC reference for (1)(b) through (1)(e) to point to Table at WAC 197-11-800 (1)(d) for flexible threshold limits. 151 M 18.40.750 (1)(a)Correct reference by adding missing text: "Except as set forth in subsection (1)(b) through (e) of this section…" DRAFT WORK PRODUCT version 9/19/2017 Page: 8 144 S 18.40.810 (8)Deleted requirement to mail notice of appeal ten days prior to hearing 146 M 18.40.850(5)Revised to refer back to table 8-1 to avoid confusion. 153 M 18.42 Updates from federal law changes--Wireless Telecommunications Facilities Note: this chapter would benefit from additional review, including definitions and application content, to ensure compliance with the new FCC rules. 156 M 18.45.080 (2)(b)Incorrect reference made to JCC 18.40.310 [Reconsideration]. Should be 18.40.230 [Notice of Public Hearing]. 157 M 18.45.090 *(1). Change "processed concurrent with" to "processed concurrently with" *(1)(a). Change "planning commission" to "planning agency" per reference to RCW 36.70.550. *(4)(b). Change reference JCC 18.40.310 to 18.40.230. Jefferson County DCD September 20, 2017 1 JEFFERSON COUNTY CRITICAL AREAS ORDINANCE UPDATE/AGRICULTURE (Chapter 18.22 Jefferson County Code) Critical areas update relationship to agriculture: • Growth Management Act (GMA) requires periodic update of critical areas to include best available science (BAS). [RCW 36A.70A.130(1)(c)] • Jefferson County did not opt into the Voluntary Stewardship Program in 2012 • Proposed revisions to WAC 365-196-830 (Protection of Critical Areas) add the following: o (8)(b) Local governments are encouraged to evaluate their development regulations to assure the protection of critical areas where agricultural activities take place. o (8)(c) Local governments should not broadly exempt agricultural activities from their critical areas regulations. • Proposed new section WAC 365-196-832 (Protection of Critical Areas and Voluntary Stewardship Program) includes: o (3)(a) Agricultural activities located in non-participating watersheds are subject to applicable development regulations that protect critical areas. Overview of key information pertaining to agriculture: • Recommendations Report prepared by consultant for critical areas update in 2016 • Chimacum Watershed Agriculture, Fish and Wildlife Protection Plan prepared by Al Latham (JCCD) in 2004 • Chimacum Watershed Water Quality and Fishes: A Comprehensive Review prepared by Glen Gately (JCCD) in 2015 • Wetland Guidance for CAO Updates prepared by Ecology in 2016 • Working Buffer options prepared by Snohomish Conservation District in 2015 • Voluntary Stewardship Program Work Plan prepared by Thurston County in 2017 • Code language from Whatcom County, King County, and Snohomish County • Clallam County Critical Areas Ordinance • King County Farm Conservation Plan Marrowstone cannabis greenhouse Commissioners, On August 28, you discussed the amount of water that would be used by the proposed cannabis "grow" on Marrowstone Island, apparently in an attempt to use that perceived "high usage" as an excuse for denial of the permit. Before jumping to such rash conclusions, you should gather some information. Even in an outdoor farm, in a climate similar to that of Marrowstone, per: http://www.theganjier.com/2015/07/02/how-much-water-does-one-marijuana-plant -need-to-grow/ "one gallon of water per day per pound of processed flower" "Take one pound of cannabis and, for the sake of this example, roll it into 450 joints (approximately 1 gram/joint). Two people smoking a 1 gram joint are going to get an effect that makes them feel good and lasts several hours. Two people could even smoke half the joint and put it out, coming back later to enjoy again. One person could stretch a joint for a number of smoking sessions, achieving the same good feeling each time from the same gram of cannabis. "Two people can share a bottle of wine and get a good feeling that lasts several hours. They can also drink half the bottle and come back later. One person can make a bottle last several days. you get my drift. "So, my suggestion is that we compare the one gallon of water per day during the height of the growing season (say 100 days, which is when it's driest and plants are largest) per pound of cannabis means that 100 gallons of water yields 450 joints with equivalent "human upliftment" to 450 bottles of wine. Wine uses about 400 gallons per bottle" From another source: https://www.marijuanaventure.com/report-on-water-usage/ "So how much water does cannabis really use? "Our canvassing indicates that most cannabis farmers grow plants that public@usregs.com>-Tom Thiersch <thiersch Mon 9/11/2017 11:47 AM To:jeffbocc <jeffbocc@co.jefferson.wa.us>; Cc:Planning Commission Desk <PCommissionDesk@co.jefferson.wa.us>; Page 1 of 2Marrowstone cannabis greenhouse - Planning Commission Desk 9/11/2017https://owa.co.jefferson.wa.us/owa/ Presented to the Planning Commission by citizen request. average between two and four pounds. One-eighth of an acre (50 feet by 100 feet with 50 cannabis plants) would use 24,000 gallons per season (about eight months or 240 days). This would result in producing 50 two-pound plants and using 480 gallons per plant. A two-pound plant divided into eighths of an ounce yields 256 eighths. Thus, the whole garden with 50 plants would produce 12,800 eighths of an ounce. (For the purpose of this article, an eighth of an ounce is being used as a standard retail unit comparable to one pound of beef, one bottle of wine or one can of almonds.) "Each eighth then requires 1.875 gallons of water (24,000 gallons divided by 12,800). It has been widely reported that producing a pound of beef requires at least 1,500 gallons of water. Wine uses between 180 and 400 gallons per bottle. Almonds need one gallon per nut or about 100 gallons per can, broccoli takes about five gallons per head and avocados about 75 gallons per pound." Now, move the farm indoors (to a greenhouse), and the amount of water required is reduced considerably. So, a winery uses between 100 and 400 times as much water as is used by a cannabis farm to grow the same amount of "high". I conclude that if the county were to attempt to restrict permitting of a cannabis farm on the basis of water use, the county would be in an untenable legal position; farming is farming, period, and you can't discriminate just because you don't like or want a particular kind of crop. Tom Thiersch Jefferson County Page 2 of 2Marrowstone cannabis greenhouse - Planning Commission Desk 9/11/2017https://owa.co.jefferson.wa.us/owa/