HomeMy WebLinkAboutPC Agenda Packet 02-06-2019Jefferson County Planning Commission DRAFT MEETING AGENDA Tri-Area Community Center February 6, 2019
P: 360-379-4450 621 Sheridan St. F: 360-379-4451 Port Townsend WA 98368 plancomm@co.jefferson.wa.us
5:30pm Opening Business
• Call to Order/Roll Call
• Approval of Agenda
• Approval of Meeting Minutes, if available
• Director’s Update
o Planning Manager Review of Work Program
• Commissioner Announcements 5:45pm Observer Comment
See Observer Comment Conduct, below.
6:15pm Informational Session
• Proposed Unified Development Code amendment to JCC 18.10.040 and 18.45.090
regarding the definition of development regulation and process to amend procedural
aspects of the Unified Development Code
o Austin Watkins, Planning Manager
o David W. Johnson, Associate Planner
• Discussion of 2019 Comprehensive Plan annual amendment cycle
o Austin Watkins, Planning Manager 7:00pm Closing Business and Adjournment
• Discussion
• Summary of today’s meeting
• Follow-up action items Observer Comment Conduct: 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.
DRAFT - Planning Commission 2019 Work Plan 2018 2019 2020
Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3
Project Start End Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul
Critical Areas Ordinance Update 1/1/14 6/30/19 Critical Areas Ordinance Update
18.40 and 18.45 Development Regulation Update 2/6/19 4/8/19 UDC Update 18.40 and 18.45
Potential GMA Docketing -- PC Recommendations 2/6/19 3/1/19 Potential GMA Docket Items
Review and Recommend Prelim Docket to BoCC 4/3/19 5/6/19 Prelim Docket
Redommendations of Final Docket items to BoCC 9/4/19 10/2/19 Rec. of final docket items
Shoreline Master Program Update 7/1/19 6/30/20 Shoreline Master Program Update
UDC Amendments, as directed by BoCC (on-going)1/1/19 12/31/19 Potential UDC Amendments, as directed by BoCC.
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JEFFERSON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
621 Sheridan Street | Port Townsend, WA 98368
360-379-4450 | email: dcd@co.jefferson.wa.us
http://www.co.jefferson.wa.us/260/Community-Development
Staff Report and Recommendation on UDC Amendment
Chapter 18.45.090 Comprehensive Plan and GMA
Implementing Regulations Amendment Process
To: Jefferson County Planning Commission
From: David Wayne Johnson, Associate Planner
Department of Community Development (DCD)
Date: February 6, 2019
Re: Proposed Unified Development Code (UDC) amendments to Jefferson County
Code (JCC) Chapters 18.05, 18.10, 18.40, and 18.45 and proposed
amendments to the Planning Commission Bylaws regarding the scope and
definition of development regulations.
Background
On January 28, 2019, the Jefferson County Board of Commissioners (BoCC)
referred this proposed Unified Development Code (UDC) amendment to the Planning
Commission for review, public hearing, and recommendation. Currently, the Jefferson
County Code (JCC) 18.45.090 provides a process to amend sections of the UDC that
implement the goals and policies of the County’s Comprehensive Plan. The amendment
process, as currently written, requires all amendments to be brought before the Planning
Commission for a review and recommendation to the BoCC. The BoCC has final adoption
authority over amendments.
There is a compelling need, under certain circumstances, to expeditiously amend
sections of the UDC that are administrative processes and procedures. Under
Washington state laws and regulations, development regulations are the controls placed
on development or land use activities. Development regulations do not include ordinances
or regulations that addresses procedural issues related to land use planning, interim or
emergency ordinances, moratorium ordinances, or remand actions from state
administrative boards or courts of law.
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The Growth Management Act (GMA) and Planning Enabling Act (PEA) establish
public participation processes relating to the development of comprehensive plans and
their associated development regulations. Both the PEA and GMA require development
regulations to be brought before the Planning Commission for a public hearing, review,
and a recommendation to the BoCC.
At the BoCC’s direction, DCD proposes amending the UDC’s definition of
development regulation, including the following in the definition: “ordinances or
regulations that addresses procedural issues related to land use planning, interim or
emergency ordinances, moratorium ordinances, or remand actions from state
administrative boards or courts of law [are not development regulations].” Amendments
to the UDC meeting the above definition, such as a procedural amendment, would be
processed as a Type V legislation action, with BoCC review, BoCC public hearing, and
BoCC action. The Planning Commission would not review proposed amendments to the
UDC or JCC outside the proposed definition of development regulation.
The proposal will rename the UDC’s “implementing regulations” to “development
regulations” to be consistent with state law and similarly situated Washington counties.
Implementing regulations is a term of art that does not exist under state law.
The proposal requires an update to Section 3 and 10 of the Planning Commission’s
Bylaws. The proposal also includes updates to 18.05.050, Planning Commission Duties
and Responsibilities to accurately reflect their role in developing and amending
development regulations.
The proposal has several benefits. First, it will reduce the timelines for
amendments located within the UDC that are not development regulations. For example,
currently a minor procedural amendment must go through both Planning Commission and
BoCC review and public hearings prior to adoption. This amendment will save at least 60
days per non-development regulation UDC amendment. Second, it will save substantial
DCD staff resources in preparing for and conducting Planning Commission review and
hearings on these non-development regulation UDC amendments. Third, it reduces risk
for the County, as the non-development regulation amendment will no longer require 60-
day notice to the Washington State Department of Commerce and likely will not be subject
to appeal to the Growth Management Hearings Board. Finally, it will save Planning
Commission time and resources to focus on substantive comprehensive planning and
their associated development regulations, such as updates to the Critical Areas
Ordinance and Shoreline Master Program.
Staff Analysis & Findings
The following law, code, or documents were reviewed in preparation for the proposed
amendments:
1. Revised Code Washington – RCW 36.70 Planning Enabling Act; RCW 36.70A
Growth Management Act & RCW 36.70B Local Project Review.
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2. Development Regulation definition and process for Kitsap, Snohomish, and Skagit
counties.
3. County Wide Planning Policies of Jefferson County, Washington
4. Jefferson County Comprehensive Plan
5. Unified Development Code of Jefferson County
6. Resolution No. 54-97 Planning Commission
7. By-Laws of the Jefferson County Planning Commission
1. The proposal is consistent with applicable state law, such as the Planning Enabling
Act, Growth Management Act, and Local Project Review.
As discussed below, the Planning Enabling Act, Growth Management Act, and
Local Project Review provide a process for developing and amending development
regulations. This process requires that Planning Commission review, hold a public
hearing, and provide a recommendation to the BoCC. The BoCC then holds for their own
review, public hearing, and final adoption on the proposed development regulations. The
statutory definition and application of development regulation does not include
“ordinances or regulations that addresses procedural issues related to land use planning,
interim or emergency ordinances, moratorium ordinances, or remand actions from state
administrative boards or courts of law.” Staff finds that the proposed amendment is
consistent with applicable state law.
The Revised Code of Washington (RCW) 36.70 (Planning Enabling Act), 36.70A (Growth
Management Act) & 36.70B (Local Project Review) are sections of Washington State Law
that define and control how Jefferson County controls land use development. Applicable
sections of the RCW related to the proposed code amendments are as follows:
(underlined for emphasis):
RCW 36.70.020 (Planning Enabling Act)
Definitions
(4) "Commission" means a county or regional planning commission.
(11) "Official controls" means legislatively defined and enacted policies, standards,
precise detailed maps and other criteria, all of which control the physical development of
a county or any part thereof or any detail thereof, and are the means of translating into
regulations and ordinances all or any part of the general objectives of the comprehensive
plan. Such official controls may include, but are not limited to, ordinances establishing
zoning, subdivision control, platting, and adoption of detailed maps.
RCW 36.70.040 (Planning Enabling Act)
Department—Creation—Creation of commission to assist department.
By ordinance a board may, as an alternative to and in lieu of the creation of a planning
commission as provided in RCW 36.70.030, create a planning department which shall be
organized and function as any other department of the county. When such department is
created, the board shall also create a planning commission which shall assist the planning
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department in carrying out its duties, including assistance in the preparation and
execution of the comprehensive plan and recommendations to the department for the
adoption of official controls and/or amendments thereto. To this end, the planning
commission shall conduct such hearings as are required by this chapter and shall make
findings and conclusions therefrom which shall be transmitted to the department which
shall transmit the same on to the board with such comments and recommendations it
deems necessary.
RCW 36.70.545 (Planning Enabling Act)
Development regulations—Consistency with comprehensive plan
Beginning July 1, 1992, the development regulations of each county that does not plan
under RCW 36.70A.040 shall not be inconsistent with the county's comprehensive plan.
For the purposes of this section, "development regulations" has the same meaning as set
forth in RCW 36.70A.030.
RCW 36.70.550 (Planning Enabling Act)
Official controls
From time to time, the planning agency may, or if so requested by the board shall, cause
to be prepared official controls which, when adopted by ordinance by the board, will
further the objectives and goals of the comprehensive plan. The planning agency may
also draft such regulations, programs and legislation as may, in its judgment, be required
to preserve the integrity of the comprehensive plan and assure its systematic execution,
and the planning agency may recommend such plans, regulations, programs and
legislation to the board for adoption.
RCW 36.70.640 (Planning Enabling Act)
Official controls—Board may initiate
When it deems it to be for the public interest, the board may initiate consideration of an
ordinance establishing an official control, or amendments to an existing official control,
including those specified in RCW 36.70.560. The board shall first refer the proposed
official control or amendment to the planning agency for report which shall, thereafter, be
considered and processed in the same manner as that set forth in RCW 36.70.630
regarding a change in the recommendation of the planning agency.
RCW 36.70A.030 (Growth Management Act)
Definitions
(7) "Development regulations" or "regulation" means the controls placed on development
or land use activities by a county or city, including, but not limited to, zoning ordinances,
critical areas ordinances, shoreline master programs, official controls, planned unit
development ordinances, subdivision ordinances, and binding site plan ordinances
together with any amendments thereto. A development regulation does not include a
decision to approve a project permit application, as defined in RCW 36.70B.020, even
though the decision may be expressed in a resolution or ordinance of the legislative body
of the county or city.
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RCW 36.70B.020 (Local Project Review)
Definitions
(4) "Project permit" or "project permit application" means any land use or environmental
permit or license required from a local government for a project action, including but not
limited to building permits, subdivisions, binding site plans, planned unit developments,
conditional uses, shoreline substantial development permits, site plan review, permits or
approvals required by critical area ordinances, site-specific rezones authorized by a
comprehensive plan or subarea plan, but excluding the adoption or amendment of a
comprehensive plan, subarea plan, or development regulations except as otherwise
specifically included in this subsection
2. The UDC refers to “implementing regulations”, not “development regulations”, which is
not a GMA or PEA term. This proposed amendment changes “implementing regulations”
to “development regulations”.
JCC 18.45.090 refers to “implementing regulations.” The RCW does not define
“implementing regulations,” it only defines “development regulations.” Implementing
regulations is a term of art to that refers to all regulations that “implement” the
Comprehensive Plan goals and policies. By this definition, “development regulations” are
implementing regulations, since they implement the land use rules that control the
physical development of the County. DCD proposes to change “implementing regulations”
to “development regulations” to be consistent with state law and surrounding jurisdictions.
3. The proposed amendment is consistent with the Jefferson County Comprehensive
Plan.
The Jefferson County Comprehensive Plan states, “[t]he Unified Development Code
(UDC) provides detailed regulations for implementation of these goals and policies” (page
xvii). An example of Comp Plan goals and policies that would require implementing
regulations, but are not development regulations are as follows:
Jefferson County Comprehensive Plan – Land Use Element
Permit Processing Goal LU-G-14 Ensure responsive, fair, and efficient permit
processing.
▶ Policy LU-P-14.1 Develop and maintain implementing regulations and internal policies
that ensure that development applications are processed in a timely, fair, and predictable
manner.
▶ Policy LU-P-14.2 Ensure that permit review and requests for additional information are
fair, consistent and balanced with the needs of the applicant and the public interest at
large.
▶ Policy LU-P-14.3 Implement and maintain a land use and building permit enforcement
program that encourages voluntary compliance as the first course of action, but is
protective of the community’s life, safety, and environmental health.
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This goal and associated policies are consistent with and support the proposed
amendment as the proposal is procedural in nature and does not affect substantive
development regulations or official controls over property. Typically, regulations must
control and direct the physical development of property, as well as be within the traditional
sphere of land use regulations, such as zoning or critical areas ordinances for them to be
considered within the realm of a potential development regulation. The proposed
amendment will streamline the UDC amendment process for non-development
regulations allowing DCD to bring these proposed amendments directly to the BoCC for
review, public hearing, and action. Staff finds that the proposed amendment is consistent
with the Jefferson County Comprehensive Plan.
4. The proposed amendment requires modifications relating to the Planning
Commission’s duties, responsibilities, and bylaws. Proposed changes are consistent with
state law and similarly situated Washington counties.
The Planning Commission as part of the “Planning Agency,” “shall assist the
planning department in carrying out its duties, including assistance in the preparation and
execution of the comprehensive plan and recommendations to the department for the
adoption of official controls” (RCW 36.70.040). Those “controls” being defined as
“development regulations,” do not include “process and procedure regulations.”
Therefore, “process and procedure regulations” do not need review by or require
recommendations from the Planning Commission. The proposed code and bylaw
amendments more clearly define “development regulations” and the role of the Planning
Commission in the review and recommendation of those regulations.
Staff finds that the proposed amendments to the UDC relating to development
regulation are consistent with state law and similarly situated Washington counties.
5. The proposal is exempt from State Environmental Policy Act Review.
The proposal is exempt from SEPA review under WAC 197-11-800(19)(b) “[t]ext
amendments resulting in no substantive changes respecting use or modification of the
environment.” Alternatively, this proposal is exempt from SEPA review under WAC 197-
11-800(19)(a) “[r]elating solely to governmental procedures, and containing no
substantive changes respecting use or modification of the environment.”
6. Staff submitted the proposal for Washington State Department of Commerce review.
Washington law requires a 60-day notice and review period for development
regulation amendments. On February 6, 2019, DCD submitted a request for expedited
review of the proposal to the Washington State Department of Commerce.
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Chapter 18.45
COMPREHENSIVE PLAN AND GMA IMPLEMENTING DEVELOPMENT
REGULATIONS AMENDMENT PROCESS
Sections:
18.45.010 Amendments – Purpose and introduction.
18.45.020 Annual amendments – Consideration of cumulative effects.
18.45.030 Exceptions to the annual amendment process.
18.45.040 Applications for Comprehensive Plan amendment.
18.45.050 Compilation of preliminary docket.
18.45.060 Review of preliminary docket – Adoption of final docket.
18.45.070 Final docket – DCD review and recommendation – SEPA review.
18.45.080 Final docket – Planning commission and board of county commissioners review.
18.45.090 Amendments to GMA implementing development regulations.
18.45.010 Amendments – Purpose and introduction.
(1) Purpose. The purpose of this chapter is to establish procedures for amending the Jefferson County
Comprehensive Plan, and Development Regulations, defined for the purposes of this chapter as including the
plan text and/or the Land Use Map. The Growth Management Act (GMA, Chapter 36.70A RCW) generally
allows amendments to comprehensive plans no more often than once per year, except in emergency
situations. This chapter is intended to provide the following:
(3) Planning Commission Role. The Jefferson County planning commission is an advisory body that shall
make recommendations to the county commissioners on all Comprehensive Plan matters, including
amendments to the plan text and Land Use Map, implementing development regulations and subarea plans.
18.45.090 Amendments to GMA implementing development regulations.
(1) Initiation. The text of the cCounty’s adopted Comprehensive Plan implementing development regulations
(RCW 36.70A.030(7)), (also referred to within this code as “development regulations”) may be amended at any
time, provided the amendment is consistent with the Jefferson County Comprehensive Plan and Land Use
Map. When inconsistent with the Comprehensive Plan and Land Use Map, the amendment shall be processed
concurrent with any necessary plan amendments using the process and timelines for plan amendments set
forth in this chapter. “Implementing Development regulationsRegulations” means the controls placed on
development or land use activities, including, but not limited to, zoning ordinances, critical areas
ordinances, shoreline master programs, official controls, planned unit development ordinances,
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subdivision ordinances, and binding site plan ordinances together with any amendments
thereto. A development regulation does not include a decision to approve a project permit or
project permit application, as defined in RCW 36.70B.020, even though the decision may be
expressed in a resolution or ordinance of the legislative body of the county. A development
regulation does not include ordinances or regulations that address procedural issues related to
land use planning, interim or emergency ordinances, moratorium ordinances, or remand actions
from state administrative boards or courts of law. including, but not limited to, this Unified Development
Code, the Jefferson County Shoreline Master Program, or any other official controls required to implement the
plan (see RCW 36.70A.030). Proposed amendments, changes, or modifications to development regulations
may be initiated as follows:
(a) When consistent with the plan, at any time at the direction of the board of county
commissioners or by the planning commission pursuant to RCW 36.70.550;
(b) When inconsistent with the plan, under the process and time lines for Comprehensive Plan
amendments by any interested person consistent with this chapter; or
(c) Immediately following or concurrent with an amendment or amendments to the Jefferson
County Comprehensive Plan, the implementing regulations shall be amended to be consistent
with the plan and Land Use Map.
(2) Notice.
(a) Proposed amendments to the implementing development regulations pursuant to subsection
(1) of this section which must be processed concurrently with an amendment to the
Comprehensive Plan and Land Use Map shall be processed and noticed in the same manner as
plan amendments consistent with this chapter.
(b) Notice of any hearing on amendments to the implementing development regulations
generated by DCD staff, the board of county commissioners or the planning commission outside
of the annual Comprehensive Plan amendment process shall be given by one publication in the
official newspaper of the county at least 10 days prior to the date of the hearing and by posting
a copy of the notice of hearing in the Jefferson County Courthouse.
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(c) Any additional notice required by state or local law (e.g., statutory notice requirements for
amendments to the Shoreline Master Program), or deemed appropriate by the administrator,
shall be paid for by the applicant.
(3) Planning Commission Review. The planning commission shall hold a public hearing on any amendment(s)
to the implementing development regulations and shall make a recommendation to the board of county
commissioners using the site-specific criteria set forth in JCC 18.45.080(1)(b) and (1)(c), as applicable.
(4) Board of County Commissioners Review. The board of county commissioners shall consider the proposed
amendments at a regularly scheduled meeting.
(a) If after applying the criteria set forth in JCC 18.45.080(1)(b) and (1)(c), as applicable, the
board of county commissioners concludes that no change in the recommendation of the
planning commission is necessary, the board may make a final determination on the proposed
amendment(s) and adopt the amendments as recommended by the planning commission.
(b) If after applying the criteria set forth in JCC 18.45.080(1)(b) and (1)(c), as applicable, the
board of county commissioners concludes that a change in the recommendation of the planning
commission is necessary, the change shall not be incorporated until the board conducts its own
public hearing using the procedures set forth under JCC 18.40.310. The hearing shall be
noticed by one publication in the official newspaper of the county at least 10 days prior to the
date of the hearing, and by posting copies of the notice of hearing in the Jefferson County
Courthouse. The notice and public hearing for proposed amendments to implementing
development regulations may be combined with any notice or public hearing for proposed
amendments to the Comprehensive Plan or for other actions of the board of county
commissioners.
(5) Transmittal to State. The administrator shall transmit a copy of any proposed amendment(s) to the
implementing development regulations at least 60 days prior to the expected date of final action by the board of
county commissioners, as consistent with Chapter 36.70A RCW. The administrator shall transmit a copy of any
adopted amendment(s) to the implementing regulations to OCD within 10 days after adoption by the board.
(6) Appeals. All appeals to the adoption of any amendment(s) to the implementing regulations shall be filed with
and processed by the Western Washington Growth Management Hearings Board in accordance with the
provisions of Chapter 36.70A RCW. [Ord. 2-06 § 1]
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18.05.050 Planning commission – Duties and responsibilities.
The duties and responsibilities of the planning commission shall be as follows:
(1) The planning commission shall review the Jefferson County Comprehensive Plan and other planning
documents to determine if the county’s plans, goals, policies, land use ordinances and development regulations
are promoting orderly and coordinated development within the county. The commission shall make
recommendations concerning this to the board of commissioners.
(2) The planning commission shall review land use ordinances and development regulations of the county and
make recommendations regarding them to the board of commissioners.
(3) The planning commission shall recommend priorities for and review studies of geographic subareas in the
county.
(4) All other county boards, committees, and commissions shall coordinate their planning activities, as they
relate to land use or the Jefferson County Comprehensive Plan, with the planning commission.
(5) The planning commission may hold public hearings in the exercise of its duties and responsibilities as it
deems necessary.
(6) The planning commission shall have such other duties and powers as heretofore have been or hereafter
may be conferred upon the commission by county ordinances or as directed by resolution of the board of
commissioners, the performance of such duties and exercise of such authority to be subject to the limitations
expressed in such enactments. [Ord. 8-06 § 1]
18.10.040 D definitions.
“Development regulation or regulations” means the controls placed on development or land use activities by
Jefferson County, including, but not limited to, this Unified Development Code (which among other provisions
includes zoning, planned rural residential development (PRRD), subdivision, binding site plan and
environmentally sensitive areas regulations), the Jefferson County Shoreline Master Program, and any other
official controls implementing the Jefferson County Comprehensive Plan. A development regulation does not
include a decision to approve a project permit application, as defined in RCW 36.70B.020, even though the
decision may be expressed in a resolution or ordinance of the Jefferson County board of commissioners.
means the controls placed on development or land use activities, including, but not limited to, zoning
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ordinances, critical areas ordinances, shoreline master programs, official controls, planned unit development
ordinances, subdivision ordinances, and binding site plan ordinances together with any amendments thereto. A
development regulation does not include a decision to approve a project permit or project permit application, as
defined in RCW 36.70B.020, even though the decision may be expressed in a resolution or ordinance of the
legislative body of the county. A development regulation does not include ordinances or regulations that
address procedural issues related to land use planning, interim or emergency ordinances, moratorium
ordinances, or remand actions from state administrative boards or courts of law.
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18.40.040 Project permit application framework.
Table 8-1. Permits – Decisions
Project permit application framework.
Table 8-1. Permits – Decisions
Type I (1) Type II Type III Type IV Type V
Septic permits Classification of
unnamed and
discretionary uses under
Article II of Chapter
18.15 JCC
Reasonable economic
use variances under
JCC 18.15.220
Final plats
under
Chapter
18.35 JCC
Special use permits
under JCC 18.15.110
Allowed uses not requiring
notice of application (e.g.,
“Yes” uses listed in Table
3-1 in JCC 18.15.040,
building permits, etc.)
Release of six-year FPA
moratorium for an
individual single-family
residence under JCC
18.20.160
PRRDs under Article VI-
M of Chapter 18.15 JCC
and major amendments
to PRRDs under JCC
18.15.545(3)
Final PRRDs
under Article
VI-M of
Chapter
18.15 JCC
Jefferson County
Comprehensive Plan
amendments under
Chapter 18.45 JCC
Minor amendments to
planned rural residential
developments (PRRDs)
under JCC 18.15.545
Cottage industries under
JCC 18.20.170
Shoreline substantial
development permits for
secondary uses, and
conditional and variance
permits under the
Jefferson County
Shoreline Master
Program (SMP)
Amendments to
development
regulations including
amendments to this
UDC and the Land Use
Districts Map
Home businesses
approved under JCC
18.20.200
Short subdivisions under
Article IV of Chapter
18.35 JCC
Plat alterations and
vacations under JCC
18.35.030(3)
Amendments to the
Jefferson County SMP
Temporary outdoor use
permits under JCC
18.20.380
Binding site plans under
Article V of Chapter
18.35 JCC
Long subdivisions under
Article V of Chapter
18.35 JCC
Subarea and utility
plans and amendments
thereto
Stormwater management
permits under JCC
18.30.070
Administrative
conditional use permits
under JCC 18.40.550(1)
[i.e., listed in Table 3-1 in
JCC 18.15.040 as
“C(a)”]
Discretionary conditional
use permits under JCC
18.40.550(2) [i.e., listed
in Table 3-1 in JCC
18.15.040 as “C(d)”]
where required by
administrator
Development
agreements and
amendments thereto
under Article XI of this
chapter
Road access permits
under JCC 18.30.080
Discretionary conditional
use permits under JCC
18.40.550(2) [i.e., listed
in Table 3-1 in JCC
18.15.040 as “C(d)”]
unless Type III process
required by administrator
Conditional use permits
under JCC 18.40.550(3)
(i.e., uses listed in Table
3- 1 in JCC 18.15.040 as
“C”)
Master plans for master
planned resorts
Sign permits under JCC
18.30.150
Minor variances under
JCC 18.40.670(1)
Major variances under
JCC 18.40.670(2)
Amendments to the
Unified Development
Code
Boundary line adjustments
under Article II of Chapter
18.35 JCC
Shoreline substantial
development permits for
primary uses under
Jefferson County SMP
Wireless
telecommunications
permits under JCC
18.20.130 and Chapter
18.42 JCC
1 If not categorically exempt pursuant to SEPA, Type I projects shall be subject to the notice requirements of JCC 18.40.150 through
18.40.220 and Article X of this chapter (the SEPA integration section).
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Table 8-2. Action Types – Process
Project Permit Application Procedures (Types I-IV) Legislative
Type I Type II Type III Type IV Type V
Recommendation
made by:
Project
planner
Project planner Project planner N/A Planning commission1
Final decision
made by:
Administrator Administrator Hearing examiner Board of county
commissioners
Board of county
commissioners
Notice of
application:
No Yes Yes No N/A
Open record
public hearing:
No Only if administrator’s
decision is appealed,
open record hearing
before hearing
examiner
Yes, before hearing
examiner, prior to
permit decision by
the hearing
examiner
No Yes, before planning
commission to make
recommendation to
board of county
commissioners1
Closed record
appeal/final
decision:
No No No N/A Yes, or board of county
commissioners could
hold its own hearing
Judicial appeal: Yes Yes Yes Yes Yes2
1Type V land use actions are subject to review and recommendation by the planning commission. However,
except for utility plans, ordinances or regulations that address procedural issues related to land use planning,
interim or emergency ordinances, moratorium ordinances, or remand actions from state administrative boards or
courts of law. and are not subject to review and consideration by the planning commission.
2Pursuant to RCW 36.70A.250 and 36.70A.280, the Western Washington Growth Management Hearings Board
(WWGMHB) is authorized to hear and determine petitions alleging that the county is not in compliance with the
requirements of Chapter 36.70A RCW, Chapter 90.58 RCW as it relates to the adoption of the Shoreline Master
Program, or Chapter 43.21C RCW as it relates to plans, development regulations, or amendments, adopted under RCW 36.70A.040 or Chapter 90.58 RCW. Direct judicial review may also be obtained pursuant to RCW
36.70A.295.
1 If not categorically exempt pursuant to SEPA, Type I projects shall be subject to the notice requirements of
JCC 18.40.150 through 18.40.220 and Article X of this chapter (the SEPA integration section).
SUMMARY OF DECISION-MAKING
Type I: In most cases, administrative without notice. However, if a Type I permit is not categorically
exempt under SEPA, then, administrative with notice.
Type II: Administrative with notice. Final decision by administrator unless appealed. If appealed, open
record hearing and final decision by hearing examiner.
Type III: Notice and open record public hearing before the hearing examiner. Final decision by hearing
examiner. Appeal to Superior Court.
Type IV: Closed record decision by board of commissioners during a regular public meeting. Type IV
decisions are purely ministerial in nature (see Article IV of Chapter 18.35 JCC).
Type V: Notice and public hearing before planning commission, with planning commission
recommendation to board of county commissioners Eexcept for utility plans, ordinances or regulations that
address procedural issues related to land use planning, interim or emergency ordinances, moratorium
ordinances, or remand actions from state administrative boards or courts of law notice and public hearing
before planning commission, with planning commission recommendation to board of commissioners. Notice
and of public hearings before board of county commissioners with final legislative action by the board of county
commissioners. provided prior to final legislative decisions (see Chapter 18.45 JCC).
[Ord. 11-04 § 3; Ord. 18-02 § 2 (Exh. D); Ord. 2-02 § 1; Ord. 7-01 § 1 (Exh. B); Ord. 3-01 § 1; Ord. 11-00 §
8.1(4)]
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BY-LAWS
Of the Jefferson County Planning Commission
SECTION 1 - AUTHORITY: These by-laws are promulgated in compliance with
Chapter 36.70 of the Revised Code of Washington, the Washington Planning
Enabling Act, and Jefferson County Resolution No. 54-97, which recognized the
Jefferson County Planning Department and reconstituted a new Planning Commission.
SECTION 2 - MEMBERSHIP: The Planning Commission shall be comprised of nine
members from Jefferson County, and Members of the Planning Commission shall be
appointed by the Board of County Commissioners for a term of four years which shall
commence on March 18th, and each commissioner district shall be equally represented
on the Planning Commission. The chair of the Jefferson County Board of
Commissioners shall appoint members to the commission with approval of a majority of
the Board’s members. An appointment of a member shall be made from a list of
applicants who shall submit a “Letter of Intent” to the Board of County Commissioners
stating their qualifications for serving on the Planning Commission. Vacancy(s) shall be
advertised at least twice in a legal newspaper of record having county-wide circulation.
The advertisement shall encourage individuals residing in the specific commissioner
district in which the vacancy occurs to apply.
Vacancies resulting from the expiration of terms of office shall be filled by
appointments for a term of four (4) years. Vacancies occurring for any reason other
than the expiration of a term of office shall be by appointment for the unexpired term of
the office being filled.
In the event a Planning Commission member changes residence during their
term which moves them into a different commissioner district, that member shall serve
the remainder of their term. If through redistricting a Planning Commissioner is moved
into a different commissioner district, they shall remain in office until their term expires.
The vacant position in the appropriate district shall then be filled after the term expires.
The chair of the Board of County Commissioners may remove a member of the
Planning Commission after a public hearing by the Board of County Commissioners.
All Board members must approve the removal. A member of the Planning Commission
may be removed for inefficiency, neglect of duty, or malfeasance.
The chair of the Planning Commission may grant an excused absence or a leave
of absence. “Excused absence” is defined as an absence from one regular meeting.
“Leave of absence” is defined as an absence from two or more regular meetings. Two
unexcused absences in a row from regularly scheduled meetings shall be grounds for
the Planning Commission to recommend to the Board of County Commissioners that
the individual be removed from the Planning Commission. Furthermore, a member
granted a leave of absence by the chair of the Planning Commission is not an active
member. Only active members shall constitute the current membership.
SECTION 3 - MEMBER’S RESPONSIBILITIES AND DUTIES: The duties and
responsibilities of the planning commission shall be as follows:
1. Because Jefferson County has created both a planning commission and
planning department (Department of Community Development – DCD) , the
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Planning Commission will, in accordance with RCW 36.70.040, assist the DCD
in carrying out its duties, as outlined below.
2. The planning commission shall review the Jefferson County Comprehensive
Plan and other planning documents to determine if the county’s plans, goals,
policies, land use ordinances and regulations are promoting orderly and
coordinated development within the county. The commission shall make
recommendations in cooperation with DCD concerning this to the board of
commissioners.
3. The planning commission shall review land use ordinances and
regulationsdevelopment regulations of the county and make recommendations in
cooperation with DCD regarding them to the board of commissioners.
4. The planning commission shall recommend priorities for and review studies of
geographic subareas in the county in cooperation with DCD.
5. All other county boards, committees, and commissions shall coordinate their
planning activities, as they relate to land use or the Jefferson County
Comprehensive Plan.
6. The planning commission may hold public hearings in the exercise of its duties
and responsibilities as it deems necessary.
7. The planning commission shall have such other duties and powers as heretofore
have been or hereafter may be conferred upon the commission by county
ordinances or as directed by resolution of the board of commissioners, the
performance of such duties and exercise of such authority to be subject to the
limitations expressed in such enactments.
8. The Planning Commission shall report in all matters referred to it within the time
line given in County Resolution #54-97, which is forty (40) days, or within such
additional time as may be specified by the Board of County Commissioners. The
report of the Planning Commission shall be advisory only.
SECTION 4 - OFFICERS: Officers of the Planning Commission shall be chair and vice-
chair. The chair and vice-chair shall be elected annually at the first May regular
meeting from among its members. In the absence of both the chair and vice-chair at a
meeting or workshop, members present shall elect a temporary chair to perform those
duties described by Section 5 of these by-laws. The member elected shall only serve
as temporary chair for that meeting or workshop.
SECTION 5 - OFFICERS’ RESPONSIBILITIES AND DUTIES: The chair of the
Planning Commission shall: (1) preside at all meetings and execute the agenda of
such meetings in an orderly manner and (2) officially represent the commission before
organizations or groups. The vice chair shall officiate as chair in the chair’s absence.
When appropriate and necessary, the chair shall establish committees and
appoint members thereto. Committees are governed by the Open Public Meetings Act
(Section 8 paragraph 2) and therefore require public notice of meetings and an audio
record of such meeting.
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SECTION 6 - SECRETARY: The secretary shall be provided by the Planning
Department. The secretary’s duties shall be to record the proceedings of all Planning
Commission meetings. No member of the Planning Commission shall be appointed
secretary.
SECTION 7 – STAFF AND RESPONSIBILITIES: The Jefferson County Planning
Department shall provide staff to the Planning Commission. The designated county
planning staff shall (1) prepare for future meetings with the chair of the Planning
Commission, (2) distribute agendas for meetings and workshops, (3) prepare the
Planning Commission budget, (4) account for and process expenditures, (5) notify
members by e-mail of workshops, and (6) where sufficient staff resources exist, act in
any other manner deemed necessary by the Planning Commission, such as providing
technical advice or developing plans, studies, or reports.
SECTION 8 - MEETINGS AND WORKSHOPS: Notification to the public of all meetings
shall be made through advertising in a legal newspaper of record with county-wide
circulation. Meetings requiring public notification include, but are not limited to: (1)
regular meetings, (2) special meetings, (3) public hearings, (4) workshops, and (5)
committee meetings. Notification will appear at least ten (10) days prior to a public
hearing. Workshops can be held on matters of discussion by approval of the Planning
Commission with notice to the public. No official action shall be taken at workshops. If
a meeting needs to be canceled due to a lack of a quorum, a notice shall be posted on
the door of the meeting place.
The Planning Commission is subject to the Open Public Meetings Act which
generally requires that meetings of the governing body be open to the public and that
no conditions precedent to attendance by the public, except for orderly conduct, may be
imposed. Therefore, a county legislative body shall not ban the use of recording
devices or video cameras from the open portion of a meeting held pursuant to the Open
Public Meetings Act. The county legislative body may impose restrictions on the use of
recording devices, but only to the extent necessary to preserve the orderly conduct of
the meeting.
E-mails between the members addressing matters before the Planning
Commission could be construed to be a public meeting, particularly if there was any
response to such communication. Therefore, all e-mails related to matters before the
Planning Commission should be forwarded to staff for appropriate distribution.
SECTION 9 - CONDUCT: Except where in conflict with these By-laws, Roberts Rules of
Order shall guide the conduct of all public meetings and hearings of the Planning
Commission.
SECTION 10 - QUORUM: A majority of the Planning Commission membership, being
not fewer than (5) five, shall constitute a quorum for the consideration of most items of
business, with a majority vote of those present being sufficient to take action.
Comprehensive Plan Changes, Zoning Changes, By-Law Changes, Unified
Development Code (UDC) development regulation changes and other site-specific
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approvals shall be by the affirmative vote of not fewer than (5) five members - a majority
of the total membership.
In the event of a challenge to a member or members of a decision-making body
which would cause a lack of a quorum or would result in a failure to obtain a majority
vote as required by law, any such challenged member(s) shall be permitted to fully
participate in the proceeding and vote as though the challenge had not occurred, if the
member or members publicly disclose the basis for disqualification prior to rendering a
decision. Such participation shall not subject the decision to a challenge by reason of
violation of the appearance of fairness doctrine (RCW 42.36.090, Participation of
challenged member of decision-making body).
SECTION 11 - VOTING: All members are entitled to one vote. A vote shall be either (1)
yeah, (2) nay, or (3) abstain. An abstention per Roberts Rules of Order is not counted
as a nay vote. If a member recuses themselves, they shall leave the room and not take
part in any of the discussion pertaining to the matter before the Planning Commission.
All matters acted on shall be recorded as written motions.
The chair is a Planning Commission member and is therefore allowed one vote
on all issues.
Some matters before the Planning Commission (e.g., election of officers,
approval of the Planning Commission’s minutes, setting dates and times for special
meetings, etc.) are administrative and not quasi-judicial in nature. Such administrative
matters shall be decided by a majority vote of the members present.
SECTION 12 - BUDGET: A preliminary budget for the Planning Commission shall be
prepared by the Jefferson County Planning Department. An itemized estimate of
expenditures for the ensuing calendar year shall be included in the preliminary budget.
The preliminary budget shall be reviewed by members at the earliest possible time so
the members may express any shortcomings in the budget and make a
recommendation direct to the Board of County Commissioners to address the Planning
Commission’s needs.
The budget shall become final in December without further review by the
Planning Commission, unless there is a substantial change. The budget and any
amendments thereof shall be prepared in accordance with requirements established by
the Jefferson County Auditor.
SECTION 13 - CLAIMS FOR EXPENDITURES: All claims for expenditures for
operating the Planning Commission shall be made by the Jefferson County Planning
Department in accordance with requirements established by the Jefferson County
Auditor. All claims shall be reviewed by the Director of the Department of Community
Development and approved by the Board of County Commissioners. Any requests to
claim mileage, expenses for attending a conference, seminar, or similar session shall
be approved by the Board of County Commissioners.
SECTION 14 – APPEARANCE OF FAIRNESS: Application of the Appearance of
Fairness Doctrine to local land use decisions shall be limited to the quasi-judicial
actions of local decision-making bodies as defined in this section. Quasi-judicial actions
of local decision-making bodies are those actions of the legislative body, planning
commission, hearing examiner, zoning adjuster, board of adjustment, or boards which
determine the legal rights, duties, or privileges of specific parties in a hearing or another
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contested case processing. Quasi-judicial actions do not include the legislative actions
adopting, amending, or revising comprehensive, community, or neighborhood plans or
other land use planning documents or the adoption of area-wide zoning ordinances or
the adoption of a zoning amend that is of area-wide significance (RCW 42.36.010,
Local land use decisions).
In quasi-judicial actions, Members shall disclose any and all personal benefits,
gains, advantages to themselves, friends or immediate family; “Immediate family”
means spouses, dependents, anyone residing in the person’s household, and anyone
within three degrees of relationship by blood, marriage or domestic partner.
Even though Legislative decisions do not require disclosure as detailed in
paragraphs 1 and 2 of this section, Planning Commissioners may recuse themselves in
Legislative matters if the commissioner feels that, due to public perception or other
consideration, the Planning Commission's business would be negatively impacted.
No former Planning commissioner shall, within two years after his or her term on
the Planning Commission has ended, knowingly act as agent, consultant or attorney for
anyone other than Jefferson County in connection with any particular matter in which
the county is a party, if the Planning Commissioner participated personally and
substantially in that particular matter while on the Planning Commission.
A planning commissioner who is a candidate for public office and who complies
with all provisions of applicable public disclosure and ethics laws shall not be limited
from accepting campaign contributions to finance the campaign, including outstanding
debts; nor shall it be a violation of the Appearance of Fairness Doctrine to accept such
campaign contributions (RCW 42.36.050, Campaign Contributions).
SECTION 15 - REPORTS: Reports of official Planning Commission reviews or official
recommendations shall include only that which has been approved by a majority vote of
the members present as expressed in Section 10.
Drafts of reports of official Planning Commission reviews or official
recommendations shall be reviewed, corrected as necessary, and adopted by a
majority vote of the Planning Commission members present.
Under exceptional circumstances, where time is of the essence, this rule may be
suspended by a two-thirds majority of the Planning Commissioners in attendance.
Should this rule be suspended, the drafters of the subject report shall make a good
faith effort to have the subject draft report reviewed by as many Planning
Commissioners as feasible. Under such circumstances, such reports will be sent to the
Planning Commissioners immediately upon completion. Further, this means of
adoption shall be noted on the facing page of such document.
A Planning Commission minority report may be submitted with a majority report.
A minority report shall (1) contain the concurrent opinion of two or more Planning
Commission members who participated in the discussion and voted in the negative, (2)
be signed by such members, (3) not contain diverging opinions, and (4) contain an
issue relating directly to the majority report with which it is submitted.
One or more business days before any minority report is submitted to the Board
of County Commissioners, a copy of such minority report shall be (1) submitted to the
Planning Commission secretary and (2) made reasonably available to all Planning
Commission members.
The timing of minority reports shall follow the same time line as the Planning
Commission majority report and be submitted in the same Board of County
Commissioners packet. Such minority report shall be disseminated to the entire
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Planning Commission on the day the minority and majority reports are submitted to the
Board packets.
SECTION 16 - AMENDMENTS: Amendment to these By-Laws may be made at any
regular meeting of the Planning Commission, provided the following conditions have
been met:
a. The proposed change has been an item of business at the previous meeting;
b. The proposed change has been e-mailed to the membership ten (10) days prior
to the meeting considering the proposed change;
c. The proposed change is not in conflict with the statutes which authorize the
Planning Commission; and
d. The proposed change receives an affirmative vote of no fewer than (5) five
members - a majority of the total membership.
SECTION 17 - REPEALER: All previous by-laws of the Jefferson County Planning
Commission are hereby repealed.
SECTION 18 - ADOPTION: These by-laws, as amended, are hereby adopted this 6th
day of February, 2013.
Jefferson County Planning Commission
________________________________
Bill MillerMichael Nilssen, Chair
________________________________
Michelle McConnellNicole Allen, Interim
Secretary
Original adoption date 7/23/97; Amended Section 17 on 11/17/99 and 12/1/99; Amended Section 4 on
6/21/00; Amended Section 13 on 7/19/00; Amended Sections 12 & 13 on 5/16/01; Entire revision on
8/6/03; Amended Section 4 on 4/18/07; Amended Section 14 on 1/16/08; Amended Sections 3, 9, 10, 11,
14 & 16 on 9/3/08; Amended Sections 4 and 8 on 6/1/11; Amended Section 8 on 2/6/13.; Amended
Section 3 and 10 on XX/XX/2019.
2019 Comprehensive Plan Annual Amendment Process Flowchart
Formal Site-Specific Amendment & Text (Comp Plan and UDC) Amendment Proposals
Anticipated timeline
or required deadline Shading denotes legislatively determined dates
Draft January 16, 2019 - Subject to Revision
4:30 pm
March 1, 2019
March 15, 2019
est. April 2019
May 13, 2019
July 1, 2019
July/August 2019
September 2019
October 2019
November 2019
December 9, 2019
February 2020
Applications due no later than March 1 of each year
JCC 18.45.040(2)(a)
DCD Staff Report evaluating which Suggested Amendments meet criteria to be placed on
the Final Docket
JCC 18.45.060(1)
Staff prepares compilation ofPreliminary Docket for public review by the end of the second full business week of March of each year.
All Formal Site-specific Amendments All Suggested AmendmentsAll amendments recommended by Planning Commission during CP Periodic Review
JCC 18.45.050
Optional Joint BoCC/Planning Commission WorkshopInvite applicants to present proposals
JCC 18.45.060(2)
Planning Commission Hearing on Suggested Amendments on preliminary docket
JCC 18.45.060(3)
Planning Commission Report and Recommendation to BoCC on Suggested Amendments for Final Docket
JCC 18.45.060(3)
BoCC to consider Preliminary Docket by the second regular BoCC meeting in May
JCC 18.45.060(4)
Possible BoCC public hearing on suggested amendments if majority of BoCC
decides to add or subtract suggested amendmentsto be held no later than the first BoCC meeting in July
JCC 18.45.060(4)(a)
BoCC adopts Final Docket
All timely submittedpetitions for Formal Site-Specific AmendmentsProposals for Suggested Amendments which the BOCC elects to consider
DCD review, staff report, and recommendation of Final Docket, including SEPA review
JCC 18.45.070
Planning Commission review of Final Docket proposals & at least one Public Hearing
JCC 18.45.080(1)
Planning Commission recommendations on Final Docket proposals to BoCC
Approve, Deny, Approve with Conditions or Modifications
BoCC reviews CPAs and PC Recommendations at regularly scheduled meeting
JCC 18.45.080(2)(b)
Optional BoCC workshop to review the Planning Commission Recommendations
JCC 18.45.080(2)(a)
BoCC Public Hearing if change deemed necessary to Planning Commission Recommendations
BoCC Decision
The final action on the docket must be taken by the second regular board meeting in December of each year
JCC 18.45.080(2)(d)
Possible Appeals shall be filed with and processed by WWGMHB per Chapter
36.70A RCW
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Summary of Amendments
Summary of Proposed Code Amendments
The following sections of the UDC are proposed for amendment:
1. JCC 18.05.050 Planning Commission – Duties and responsibilities (1) & (2) to
remove “land use ordinances” and include “development” to specify which
regulations are required for Planning Commission review.
2. JCC 18.10.040 D Definitions – to enhance definition to “development regulations.”
3. JCC Chapter 18.45 Comprehensive Plan and GMA Implementing Regulations –
to replace “implementing” with “development.”
4. JCC 18.45.010 Amendments – Purpose and introduction – to include
“Development Regulations” in the amendment process, as Type V legislative
process without Planning Commission review.
5. JCC 18.45.090 Amendments to GMA implementing regulations – to replace
“implementing” with “development,” and include a revised definition of
development regulations.
Proposed Planning Commission Bylaw Amendments:
1. Amendment to Section 3: “The planning commission shall review land use
ordinances and regulations development regulations of the county and make
recommendations in cooperation with DCD regarding them to the board of
commissioners.”
2. Amendment to Section 10: “Comprehensive Plan Changes, Zoning Changes, By-
Law Changes, Unified Development Code development regulation changes and
other site-specific approvals shall be by the affirmative vote of not fewer than (5)
five members - a majority of the total membership.
Staff Recommendation
Staff recommends the Planning Commission review the proposal, draft UDC text,
and draft Planning Commission bylaws. Staff recommends that the Planning Commission
hold a public hearing on March 6, 2019 regarding this proposal.
SITE SPECIFIC APP.DOC REV. 2/4/2019 Page 1
DEPARTMENT OF COMMUNITY DEVELOPMENT
621 Sheridan Street, Port Townsend, WA 98368
Tel: 360.379.4450 | Fax: 360.379.4451
Web: www.co.jefferson.wa.us/communitydevelopment
E-mail: dcd@co.jefferson.wa.us
SUPPLEMENTAL APPLICATION
FORMAL SITE-SPECIFIC
COMPREHENSIVE PLAN AMENDMENT
MLA # PROJECT/APPLICANT NAME:
For Comprehensive Plan amendments, applications must be completed and submitted to the Department of Community
Development by March 1 of the current calendar year in order to be considered during the annual amendment process.
Completed applications that are received after March 1 will be placed on the docket for the following calendar year.
Applications for UDC amendments may be considered on a rolling basis. Applications that are incomplete (i.e., that do
not include all of the information required under the Jefferson County Code) will be returned to the applicant.
Submittal Requirements
1. A completed Permit Application, completed and signed State Environmental Policy Act (SEPA) checklist, and comprehensive
Plan Amendment fee, as set forth in the Jefferson County Fee Ordinance. Representative authorization is required if
application is not signed by owner.
2. Any additional information deemed necessary by the Administrator to evaluate the proposed amendment.
3. Please prepare and label as “Exhibit A,” a vicinity map showing the following:
a. The location of the area proposed to be redesignated;
b. The land use designation of all property within five hundred (500) feet of the site; and
c. The uses of all properties located within five hundred (500) feet of the site.
4. Please prepare and label as “Exhibit B,” a description of the proposed Plan and any associated development proposal(s), if
applicable. Applications must include plans and information or studies accurately depicting existing and proposed uses and
improvements. Applications for such redesignations that do not specify proposed uses and potential impacts are assumed to
have maximum impact to the environment and public facilities and services.
5. Please prepare and label as “Exhibit “C,” a map that depicts existing conditions on the site and within the general vicinity [i.e.,
within a three hundred (300)-foot radius]. The exhibit must depict topography, wetlands and buffers, easements and their
purpose, and means of access to the site. The intent of the exhibit is to clearly illustrate the physical opportunities and
constraints of the site.
6. The current land use designation/zoning of the site is:
7. The proposed land use designation/zoning of the site is:
8. The current use of the site is:
9. The proposed use of the site is:
10. If changes to Comprehensive Plan or UDC text are required, please prepare and label as “Exhibit D,” proposed amendatory
language (i.e., to affected text of both the Comprehensive Plan and UDC) shown in “bill” format, with text to be added
indicated with underlining (e.g., underlining), and text to be deleted indicated with strikeouts (e.g., strikeouts).
SITE SPECIFIC APP.DOC REV. 2/4/2019 Page 2
11. Please prepare and label as “Exhibit E,” a thorough explanation of how the proposed redesignation/rezone and associated
development proposals, if any, meet, conflict with, or relate to the following inquiries:
a. Is growth and development as envisioned in the Comprehensive Plan is occurring faster or slower than anticipated, or
is failing to materialize?
b. Has the capacity of the county to provide adequate services diminished or increased?
c. Is sufficient urban land designated and zoned to meet projected demand and need?
d. Are any of 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?
e. Does the proposed amendment reflect the current widely held values of the residents of Jefferson County?
f. Do changes in county-wide attitudes necessitate amendments to the goals of the plan and the basic values embodied
within the Comprehensive Plan Vision Statement?
g. Do changes in circumstances dictated a need for amendment?
h. Do inconsistencies exist between the Comprehensive Plan and the GMA or the Comprehensive Plan and the County-
wide Planning Policy for Jefferson County?
i. Does the proposal meet concurrency requirements for transportation?
j. Does the proposal adversely affect adopted level of service standards for public facilities and services other than
transportation (e.g., sheriff, fire and emergency medical services, parks, fire flow, and general governmental
services)?
k. Is the proposal consistent with the goals, policies and implementation strategies of the various elements of the
Jefferson County Comprehensive Plan?
l. Will the proposal result in probable significant adverse impacts to the county’s transportation network, capital
facilities, utilities, parks, and environmental features that cannot be mitigated?
m. Will the proposal place uncompensated burdens upon existing or planned service capabilities?
n. How is the subject parcel(s) physically suitable for the requested land use designation and the anticipated land use
development including, but not limited to the following:
(i) Access;
(ii) Provision of utilities; and
(iii) Compatibility with existing and planned surrounding land uses?
o. Will the proposal, if adopted, create a pressure to change the land use designation of other properties? If the answer
is yes, how would such change of land use designation on other properties be in the long-term best interests of the
county as a whole?
p. Does the proposed site-specific amendment materially affect the land use and population growth projections that are
the bases of the Comprehensive Plan?
q. If the proposed redesignation/rezone is located within an unincorporated urban growth area (UGA), would the
proposal materially affect the adequacy or availability of urban facilities and services to the immediate areas and the
overall UGA?
r. Is the proposed amendment consistent with the Growth Management Act (Chapter 36.70A RCW), the
Countywide Planning Policy for Jefferson County, and other applicable inter-jurisdictional policies or
agreements, and any other local, state or federal laws?
SITE SPECIFIC APP.DOC REV. 2/4/2019 Page 3
12. Please provide an explanation of why the amendment is being proposed. (Attach additional sheets, if
necessary.)
13. The applicant hereby certifies that the statements contained in this application are true and provide an accurate
representation of the proposed amendment; and the applicant(s) hereby acknowledges that any approval issued on
this application may be revoked if any such statement is found to be false.
APPLICANT’S SIGNATURE DATE
PROPERTY OWNER’S SIGNATURE DATE
PROPERTY OWNER’S SIGNATURE DATE
PROPERTY OWNER’S SIGNATURE DATE
[NOTE: For all required signatures, representative authorization is required if application is not signed by the owner.]
COMP PLAN AMEND APP.DOC REV. 01/2019 See JCC Chapter 18.45
DEPARTMENT OF COMMUNITY DEVELOPMENT
621 Sheridan Street, Port Townsend, WA 98368
Tel: 360.379.4450 | Fax: 360.379.4451
Web: www.co.jefferson.wa.us/communitydevelopment
E-mail: dcd@co.jefferson.wa.us
SUPPLEMENTAL APPLICATION
TEXT AMENDMENT PROPOSALS
COMPREHENSIVE PLAN/UNIFIED DEVELOPMENT CODE
Project/Applicant Name: MLA #
For Comprehensive Plan amendments, applications must be completed and submitted to the Department
of Community Development by March 1 of the current calendar year in order to be considered during this
year’s amendment process. Completed applications that are received after March 1 will be placed on the
preliminary docket for the following calendar year. Generally, applications for text amendments are
proposals that broadly apply to the goals, policies and implementation strategies of the
Comprehensive Plan. Applications for suggested UDC amendments may be considered on a rolling
basis. Applications that are incomplete (i.e., that do not include all of the information required under the
Jefferson County Code) will be returned to the applicant.
Submittal Requirements
1. A completed Permit Application and all required Exhibits.
2. A completed and signed State Environmental Policy Act (SEPA) Checklist.
3. Any additional information deemed necessary by the Administrator to evaluate the proposed
amendment.
4. Please prepare and label as “Exhibit A,” a description of the proposed text Comprehensive Plan/UDC
amendment. Applications for such amendments that do not specify proposed uses and potential
impacts are assumed to have maximum impact to the environment and public facilities and
services.
5. Please prepare and label as “Exhibit B,” proposed amendatory language (i.e., to affected text of both
the Comprehensive Plan and UDC) shown in “bill” format, with text to be added indicated with
underlining (e.g., underlining), and text to be deleted indicated with strikeouts (e.g., strikeouts).
6. Please prepare and label as “Exhibit C,” a thorough explanation of how the proposed amendment, meets, conflicts with, or relates to the following inquiries (NOTE: Simple “yes” or “no” responses are unacceptable.)
a. Is growth and development as envisioned in the Comprehensive Plan occurring faster or slower than anticipated, or is failing to materialize? b. Has the capacity of the county to provide adequate services diminished or increased;
c. Is sufficient urban land designated and zoned to meet projected demand and need?
d. Are any of 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?
e. Does the proposed amendment reflect the current widely held values of the residents of
Jefferson County?
COMP PLAN AMEND APP.DOC REV. 01/2019 See JCC Chapter 18.45
f. Do changes in county-wide attitudes necessitate amendments to the goals of the plan and the basic values embodied within the Comprehensive Plan Vision Statement?
g. Do changes in circumstances dictated a need for amendment?
h. Do inconsistencies exist between the Comprehensive Plan and the GMA or the Comprehensive
Plan and the County-wide Planning Policy for Jefferson County?
Demonstrate that the following conditions are met (if applicable):
i. The proposed text amendment meets concurrency requirements for transportation and does not
adversely affect adopted level of service standards for other public facilities and services (e.g., sheriff,
fire and emergency medical services, parks, fire flow, and general governmental services);
j. The proposed text amendment is consistent with the goals, policies and implementation strategies of the
various elements of the Jefferson County Comprehensive Plan;
k. The proposed text amendment will not result in probable significant adverse impacts to the county’s
transportation network, capital facilities, utilities, parks, and environmental features that cannot be
mitigated, and will not place uncompensated burdens upon existing or planned service capabilities;
l. In the case of a text amendment to the Land Use Map, that the subject parcels are physically suitable for
the requested land use designation and the anticipated land use development, including, but not limited
to, the following:
(A) Access;
(B) Provision of utilities; and
(C) Compatibility with existing and planned surrounding land uses;
m. The proposed text amendment will not create a pressure to change the land use designation of other
properties, unless the change of land use designation for other properties is in the long-term best interests
of the county as a whole;
n. The proposed text amendment does not materially affect the land use and population growth projections
that are the bases of the Comprehensive Plan;
o. If within an unincorporated urban growth area (UGA), the proposed text amendment does not materially
affect the adequacy or availability of urban facilities and services to the immediate area and the overall
UGA;
p. The proposed amendment is consistent with the Growth Management Act (Chapter 36.70A RCW), the
County-Wide Planning Policy for Jefferson County, any other applicable inter-jurisdictional policies or
agreements, and any other local, state or federal laws.
COMP PLAN AMEND APP.DOC REV. 01/2019 See JCC Chapter 18.45
7. Please provide an explanation of why the amendment is being proposed. (Attach additional sheets, if
necessary.)
The applicant hereby certifies that the statements contained in this application are true and provide an
accurate representation of the proposed amendment; and the applicant(s) hereby acknowledges that any
approval issued on this application may be revoked if any such statement is found to be false.
Signature: Print Name: Date: