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HomeMy WebLinkAbout052118_ra02 Regular Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Joel M. Peterson, Associate Planner, Dept. Community Development Patty Charnas, Director, Dept. Community Development DATE: May 21, 2018 SUBJECT: May 21, 2018, Transmittal of Planning Commission Comprehensive Plan Periodic Review and UDC Update and Notice of June 4,2018 Public Hearing on proposed amendments to Jefferson County Comprehensive Plan and UDC at 6:00pm in Jefferson County Superior Courtroom STATEMENT OF ISSUE: The Jefferson County Planning Commission has completed its review and recommendations on the periodic update to amend the Comprehensive Plan and to amend the Unified Development Code (UDC). On May 21, Planning Commission Chair Cynthia Koan and Department of Community Development (DCD) staff will brief the County Commissioners on the Planning Commission's process, findings and recommendations. In addition, the Board is requested to approve a Notice of Public Hearing on the Planning Commission's proposed amendments to the Comprehensive Plan and UDC, along with staff proposed revisions and additional recommendations, to occur on Monday, June 4, 2018 at 6:00 p.m. in the Jefferson County Superior Court Room, while accepting written testimony until 4:30 p.m. Friday, June 8, 2018. A draft notice is attached. ANALYSIS: The Planning Commission held public hearings on April 18 and 19, 2018 on draft amendments to the Comprehensive Plan and corresponding updates to the Unified Development Code. The Planning Commission completed its deliberations on Wednesday, May 9, 2018, and made revisions to each. The Planning Commission's transmittal letter is attached, and its recommended update to the Comprehensive Plan and update to the UDC may be viewed and downloaded by following the links at www.co.jefferson.wa.us/578/Jefferson-County- Comprehensive-Plan. Regular Agenda . Staff will brief the Board on next steps in the legislative process. Jefferson County is under a June 30, 2018 state Growth Management Act deadline to complete its periodic review and update of its Comprehensive Plan and UDC. This briefing will assist the Board and public with understanding the Comprehensive Plan Periodic Review schedule and process and how we will meet the procedural requirements of Chapter 18.45 JCC. In addition, the Board is requested to approve a Notice of Public Hearing on the proposed amendments to the Comprehensive Plan and UDC, to occur on Monday, June 4, 2018 at 6:00 p.m. in the Jefferson County Superior Court Room, while accepting written testimony until 4:30 p.m. Friday, June 8, 2018. A draft notice is attached for review and approval. FISCAL IMPACT: There is no fiscal impact related to the presentation or action. RECOMMENDATION: Hear the presentation by Planning Commission Chair Cynthia Koan, and by DCD staff. In addition, pass a motion to approve the proposed Notice for a public hearing, to be held on Monday, June 4, 2018, 6:00 p.m. in the Jefferson County Superior Courtroom, while accepting written testimony until 4:30 p.m. Friday, June 8, 2018. REVIEWED BY: 6-451(S' -411 Philip Morley, Cou•ty Adminis Date Please publish TWO (2) TIMES: Wednesday, May 23, 2018; and Wednesday, May 30,2018 BILL: Jefferson County Department of Community Development 621 Sheridan Street Port Townsend WA 98368 Customer#: 17385 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO AMEND COMPREHENSIVE PLAN AND UNIFIED DEVELOPMENT CODE 2018 JEFFERSON COUNTY COMPREHENSIVE PLAN PERIODIC REVIEW Notice is Hereby Given that pursuant to RCW 36.70.795, RCW 36.70A.390, the Jefferson County Board of Commissioners (BoCC)will hold a public hearing on Monday, JUNE 4, 2018, at 6:00 PM in the Jefferson County Superior Courtroom, 1820 Jefferson Street, Port Townsend, Washington for the purpose of taking written and oral testimony regarding the Jefferson County Planning Commission's proposed amendments to the Jefferson County Comprehensive Plan and amendments to the Unified Development Code (UDC), and staff recommended proposed revisions and changes. Public Comment Period and Method to Provide Comment: The public may view the Planning Commission's proposed amendments to the Comprehensive Plan and to the UDC, staff proposed additional recommendations, and supporting documents, by going to the "Latest News" section of the County's web page www.co.jefferson.us and clicking on the links, or by visiting the 2018 Comprehensive Plan web page at http://www.co.jefferson.wa.us/578/Jefferson- County-Comprehensive-Plan. The public is invited to give oral and/or written testimony on the Planning Commission's proposed amendments and staff proposed additional recommendations at the June 4 public hearing. You may also submit written testimony before and after the public hearing via email at jeffbocc@co.jefferson.wa.us or by U.S. mail to the Jefferson County Commissioners, P.O. Box 1220, Port Townsend, WA 98368, provided all written testimony is received no later than 4:30 p.m. Friday, June 8. Description of Current Proposal: The Jefferson County Planning Commission is proposing a periodic update to its Comprehensive Plan - including the Plan's narrative, goals and policies — in compliance with Washington State's Growth Management Act, and to respond to current and future planned conditions through 2038. However, no changes are included in the Land Use/Zoning Map. The Planning Commission also proposes a variety of amendments to the UDC. The UDC contains regulations that implement the Comprehensive Plan. County staff is recommending revisions and proposed additions to the Planning Commission's proposed Comprehensive Plan and UDC. For more background on the Planning Commission's proposed amendments to the Comprehensive Plan and UDC and staffs recommendations, please see the "Jefferson County Comprehensive Plan 2038 Staff Report," as well as a "SEPA Addendum," issued pursuant to the State Environmental Policy Act (SEPA). Both the Staff Report and SEPA Addendum are available through the web links above. Approved this 21st day of May, 2018 Jefferson County Board of Commissioners David Sullivan, Chair st.soN (, JEFFERSON COUNTY 4 `i PLANNING COMMISSION 621 Sheridan Street I Port Townsend, WA 98368 r 360-379-4450 I email: PlanComm@co.jefferson.wa.us �9 �s,'I Ntyt-C`) http://www.co.jefferson.wa.us/580/Planning-Commission To: Board of County Commissioners From: Planning Commission Date: May 14, 2018 Subject: Planning Commission recommendations on the 2018 Comprehensive plan periodic review(MLA14-00086)and update to the Unified Development Code(MLA14-00087) Honorable Commissioners Sullivan, Kier, and Dean; The Jefferson County Planning Commission is pleased to transmit to the Board of County Commissioners (BoCC)our recommended drafts of the 2018 Jefferson County Comprehensive Plan (CP)Periodic Review, and updates to the Unified Development Code (UDC). The findings and recommendations presented in this transmittal, and reflected within the edits and additions to the CP and UDC drafts,were approved with a unanimous vote of the Planning Commission on May 9, 2018. This report summarizes the process and the work product, in fulfillment of the amendment process of Chapter 18.45 JCC and requirements of Chapter 36.70A RCW, the Growth Management Act. Process In response to the Great Recession and slow growth among some Washington counties,the Legislature passed several GMA provisions which extended the periodic review schedule, or allowed slow-growing counties with a low anticipated growth rate an option of further extending the completion date for a comprehensive plan periodic review to June 30, 2018. By these legislative changes and the County's election to use the extension, the year for completion of our CP review moved from 2011, to an eventual deadline of June 2018. It must be noted that along with these deadline deferrals, the Planning Commission has been working with Community Development staff on a start-and-pause schedule since 2010, with work in earnest on a complete project scope and schedule since late 2014. The work of the CP periodic review has been a topic in our meeting agendas for some time. The Washington Department of Commerce provided two grants to assist with fulfillment of the required periodic review, including funds for developing public participation program. This public participation program took the Planning Commission and Community Development staff on a county-wide community outreach program during the summer and fall of 2016 to Port Ludlow, the Tri-Area, Gardiner, Quilcene, Brinnon (two times), and the west end of the county at Clearwater School. Community feedback was heard through open-house discussions, questionnaires, public comment listening sessions, as well as through Community Development's"Speak Up Jeff Co!"comment web portal. 1 PC Recommendations CP&UDC Periodic Review To Board of County Commissioners Another outreach tool employed by the Planning Commission was"Meeting in a Binder", which provided a self-guided resource available to any community group,with discussion prompts and comment forms. As an example, this tool was used by the Planning Commission Chair and another Planning Commissioner at a Cape George outreach meeting on October 2016. Planning Commission meetings through 2017 included an CP Element by Element review of Goals and Policies—known as the Total Fitness Review—examining which goals and policies are still relevant from 2004,which have been accomplished, which could be combined, and which need to be edited or deleted. Concurrently with the Total Fitness Review, the Planning Commission put considerable effort into drafting an updated Community Vision Statement for the 2018 CP, with a vision of the County to 2038. This work included facilitated discussions, ad hoc committee work, and a consensus-driven result. Until late in the Planning Commission review process,the mandatory update of the Critical Areas ordinance(CAO)was also reviewed by the Planning Commission members. The update, to include a review of Best Available Science and any changes to provisions for agriculture, prompted early and on- going involvement by the Planning Commission. As draft provisions were discussed among broadening community input and concerns, and with stakeholders desiring additional time to work on alternatives, Community Development and the BoCC, with support of the Planning Commission, decided to de-couple the CAO update schedule from the CP and UDC periodic review and update. The CAO will not be part of our recommendations in the UDC update. Public Hearings The Planning Commission held two public open houses and hearings—April 18, 2018 at the Tri-Area Community Center, and April 19, 2018 at the Quilcene Community Center. A summary of the open houses has been provided to the Board. During open-house discussions and in testimony during the hearings, engaged community members expressed that this Draft Comprehensive Plan contains the Goals and Policies that embody many of the interests and concerns that have been expressed by the community over the years. Some testimony urged the Planning Commission to do more with the Policies by getting more specific with addressing individual needs or circumstances. A public comment summary is included in the transmitted documents. Comprehensive Plan The policies contained in the document are intended to be at a high level [policy]and inclusive of various ways the policy can be implemented, rather than providing specific regulatory language, But these policies are also intended to be policies that are not just aspirational, but actionable. The Planning Commission anticipates that the Board will also find a challenge balancing the need to have broad, inclusive policies with the desire to make policy specific to a particular issue. With the goal of having an actionable CP, the Planning Commission is engaged and interested in developing a work plan together with the BoCC that can lead an actionable policy to bear the fruit of implementing actions. Unified Development Code LUDC)Amendments The Unified Development Code(UDC)must be consistent with the CP and implement the plan. The Planning Commission reviewed the scope of Community Development's proposed changes to the UDC, which were primarily editorial in nature. There were 163 proposed amendments presented in the April 4, 2018 Staff Report. 48 UDC amendment proposals were deferred by Community Development for further work and recommendations. Several of the UDC amendment proposals did make process changes to the regulations,an example is eliminating the site plan vesting program of Article VII, 18.40.490 JCC. Such changes are seen as efficiency improvements and are supported by the Planning Commission. 2 PC Recommendations CP&UDC Periodic Review To Board of County Commissioners Required Findings In support of this recommendation for the Comprehensive Plan and UDC amendments, the Planning Commission enters the following findings and conclusions: Required findings; adapted from JCC 18.45.080 (1)(b)(i-iii) (i) Have circumstances related to the proposed amendment and/or the area in which it is located substantially changed since the adoption of the Jefferson County Comprehensive Plan? The Planning Commission finds that since the adoption of the Jefferson County Comprehensive Plan,the State of Washington Office of Financial Management(OFM) has made new projections for Jefferson County. The County, in consultation with the City of Port Townsend, adopted growth allocations in Resolution#38-15. The growth was nearly the same as projected in 2003 for the 2024 horizon, but would occur at a slower rate. The slower rate is a difference appropriate to address in the Comprehensive Plan Periodic Update. (ii) Are the assumptions upon which the Jefferson County Comprehensive Plan is based no longer valid; or is new information available which was not considered during the adoption process or any annual amendments of the Jefferson County Comprehensive Plan? The Planning Commission finds new information is available regarding housing availability and affordability, employment and wages,traffic, type and location of capital facilities and utilities, and other factors. New system plans such as for parks have been completed. Each element's inventories and analysis have been updated to address the new information. (iii) Does the proposed amendment reflect current, widely held values of the residents of Jefferson County? The Planning Commission finds the proposal reflects currently held,widely held values. The Planning Commission,through extensive public outreach, updated the County Vision Statement that reflects current values and projects a vision to 2038. II. Required Findings from JCC 18.45.050(4)(b)(i) through (4)(b)(vii) Growth Management Indicators i) Is growth and development as envisioned in the Comprehensive Plan occurring faster or slower than anticipated, or is it failing to materialize? The Planning Commission finds that in large part, as an effect of the Great Recession, growth has occurred slower than anticipated. ii) Has the capacity of the county to provide adequate services diminished or increased? 3 PC Recommendations CP& UDC Periodic Review To Board of County Commissioners The Planning Commission finds the demand for public services and facilities will increase as the population and employment grows. The Facilities and Utilities Element adopts levels of service for facilities and services that support growth.The Appendix C Capital Facilities Plan Technical Document also identifies needed facilities and associated timing and revenues to support the facilities. In some cases,some levels of service are adjusted in the Facilities and Utilities Element to ensure the County can meet the needs of current and future residents and businesses within available revenue and staffing resources. The County has planned for a sewer system to serve Port Hadlockilrondale urban growth area(UGA). The Comprehensive Plan Update includes policies to allow for alternative wastewater systems that do not preclude future installation of sewer service. iii) Is there sufficient urban land, as designated and zoned to meet projected demand and need? The Planning Commission finds there is sufficient urban land as designated and zoned to meet projected demand and need. iv) Are any of the assumptions upon which the plan is based no longer found to be valid? The Planning Commission finds that all assumptions in the Comprehensive Plan are valid. v) Are there changes in the county-wide attitudes? Do they necessitate amendments to the goals of the Comprehensive Plan and the basic values embodied within the Comprehensive Plan Vision Statement? The Planning Commission finds that the updated Vision Statement in the proposed draft reflects current county-wide attitudes. vi) Are there changes in circumstances which dictate a need for amendment to the Comprehensive Plan? The Planning Commission finds that new trends and conditions in the County,together with extensive public comments received and considered, resulted in changes to circumstances and a need to amend the Comprehensive Plan. vii) Do inconsistencies exist between the Comprehensive Plan and the GMA or the Comprehensive Plan and the Countywide Planning Policies for Jefferson County? The Planning Commission finds that there are no inconsistencies between the Comprehensive Plan update, Countywide Planning Policies and the GMA, as the periodic updates are being conducted to maintain consistency. 111. Additional Findings A) Findings on Takings 1) Does the regulation or action result in a permanent physical occupation of private property?No. 2) Does the regulation or action require a property owner to dedicate a portion of property or to grant an easement? No. 4 PC Recommendations CP &UDC Periodic Review To Board of County Commissioners 3) Does the regulation or action deprive the owner of all economically viable uses of the property?No. 4) Does the regulatory action have a severe impact on the landowner's economic interest? No. 5) Does the regulation or action deny a fundamental attribute of ownership? No. The Planning Commission finds that the proposed Comprehensive Plan updates do not result in any takings. Additionally, no site specific future land use designations were made. B) Findings on the Record 1) In addition to the guidance provided by GMA, the County-Wide Planning Policies, the Jefferson County Code, and the Comprehensive Plan, what else is in the record with respect to this proposal? The Planning Commission finds that in addition to the guidance, rules and policy mentioned above,the extensive public comment and input received from 2014-2018 has supplemented the record. 2) Can assertions in the record be confirmed by information from other sources? The Planning Commission finds that the assertions in the record may be confirmed from other reliable sources.The proposed updates were noticed to, and reviewed by, numerous local,tribal, and state agencies. 3) Is the decision we are about to make based on the record? The Planning Commission finds that the decision is based upon the record. 4) Does the decision we are about to make, as far as we know, satisfy legal criteria? The Planning Commission finds that the decision, supported by the record, satisfies local and state laws, regulations, and criteria. 5) Is the decision we are about to make limited to the specific request at hand? The Planning Commission finds that the decision is within the guidelines and scope of the update to the Comprehensive Plan. 6) Are there any additional findings of fact or conclusions of law pertinent to this decision? The Planning Commission finds that there are no additional findings of fact or conclusions of law. [end of required findings] Recommendation Based upon formal deliberation concerning these proposed amendments reviewed under MLA14-00086 and MLA14-00087, the Planning Commission submits these recommendations for consideration by the Board of County Commissioners. 5 PC Recommendations CP& UDC Periodic Review To Board of County Commissioners The Planning Commission wishes to thank the Board for the opportunity to work in our communities and bring forward these recommendations. We look forward to working with the Board on the implementation projects that follow from the Comprehensive Plan's goals and policies. Transmitted File Location The transmitted files that accompany these finding and recommendations are located in the Community Development Laserfiche repository, accessible with the following web link: http://test.co.Jefferson.wa.usiweblinkexternal/O/fol/1822926/Row1.aspx • Comprehensive Plan Line-in/Line-out • Clean Copy Comprehensive Plan • Unified Development Code Line-in/Line-out • Clean Copy Unified Development Code • April 4, 2018 Staff Report and SEPA Addendum • Table of UDC Amendments Deferred from 2018 Docket to Future Work Plan • Public Comment Summary for 2018 Comprehensive Plan& UDC Periodic Review Sincerely, Cynthia Koan, Planning Co a mission Chair 6