HomeMy WebLinkAboutPC Agenda Packet 02-20-2019Jefferson County Planning Commission DRAFT MEETING AGENDA Tri-Area Community Center February 20, 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 5:35pm Observer Comment
See Observer Comment Conduct, below.
5:45pm Updates, Announcement, and Discussion
• Director’s Update
o Proposed 2019 Meeting Dates
• Commissioner Announcements
• County Commissioner Greg Brotherton (District 3) Update and Discussion
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 David W. Johnson, Associate Planner
• Discussion of 2019 Comprehensive Plan annual amendment cycle
o Austin Watkins, Planning Manager 7:30pm 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.
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
February 21, 2018
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 Koan: Present Vacant: Jochems: Present Sircely: Excused Smith: Present Hull: Excused Nilssen: Excused Giske: Present Patty Charnas, DCD Director Nicole Allen, DCD Office Coordinator
Facilitator: Cynthia Koan Approval of Agenda: Agenda approved (0:01:18) Approval of Minutes: Minutes for February 7, 2018 approved. Public in Attendance: 15 COMMISSIONER ANNOUNCEMENTS 0:03:47 – Jochems Announced that county farmers plan to hold a meeting on Thursday, March 1 from 6-8 pm at the Chimacum Grange regarding the Comp Plan. 0:04:50 – Coker Announced that the Port Townsend Home Show will occur Saturday, March 3 from 9-5 pm at Blue Heron Middle School. DIRECTOR UPDATES 0:07:16 – Charnas Gave updates about: consultant helping with the Comp Plan; Planning Manager recruitment; Planning Commission vacancies, and 2018 meeting dates. A Planning Commission vacancy is open in District 1 and terms are expiring for existing planning commissioners in Districts 2 & 3. It was recommended that expiring Planning Commissioners indicate their interest in being reappointed in a letter soon.
PUBLIC COMMENT (first opportunity) 0:15:55 – 0:20:50 The Chair opened the floor to public comment on topics not related to the agenda items and one person spoke. DISCUSSION 0:53:57 – Giske A discussion on the Pleasant Harbor Master Planned Resort (MPR) occurred. Topics included the preparation of a Planning Commission comment letter on the development agreement; on the timing of development regulation adoption relative to the agreement; on tribal treaty rights and affected tribes; on Hood Canal shellfish resources; and on environmental impact statements. Giske read into the record a proposed letter to be addressed to the Board of County Commissioners. Planning Commission members discussed the different points.
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
February 21, 2018
Page 2 of 2
MOTIONS 0:13:34 Motion to approve proposed Planning Commission meeting dates for 2018. Moved: TG; Seconded: LS. Yay: 5; Nay: 0; Abstained: 0. Motion carried. 0:53:21 Motion to enter into discussion in this meeting and future meetings regarding Pleasant Harbor Master Planned Resort. Moved: TG; Seconded: MJ. Yay: 4; Nay: 1; Abstained: 0. Motion carried. PUBLIC COMMENT (second opportunity) 1:41:40 – 2:05:24 The Chair opened the floor to public comment on topics related to the agenda and nine people spoke.
FOLLOW-UP ITEMS 2:06:48 – Koan The Planning Commission will continue to discuss the Pleasant Harbor MPR Development Agreement at the 03/07/18 meeting. Next Planning Commission meeting is scheduled for 03/07/18 at 5:30 pm at the Tri-Area Community Center. Adjourned at 7:37 pm These meeting minutes were approved this ____________ day of ___________________________, 2019. __________________________________________________ ______________________________________________________________ Michael Nilssen, 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
May 2, 2018
Page 1 of 1
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 5:34 pm
ROLL CALL
District 1 District 2 District 3 Staff Present Coker: Present Koan: Present Vacant: Jochems: Present Sircely: Present Smith: Excused Hull: Present Nilssen: Present Giske: Excused Patty Charnas DCD Director Austin Watkins, DCD Planning Manager Joel Peterson, DCD Lead Associate Planner Nicole Allen, DCD Office Coordinator
Facilitator: Cynthia Koan Approval of Agenda: Agenda approved (0:01:29 Part 1) Approval of Minutes: 04-18-18 and 04-19-18 minutes approved
Public in Attendance: 8 COMMISSIONER ANNOUNCEMENTS 0:02:22 Part 1 – Nilssen Expressed gratitude for Joel’s patience, follow-up and direction concerning his efforts on the Comp Plan.
DIRECTOR UPDATES 0:03:58 Part 1 – Charnas Presented Gary Felder, former Planning Commission member, with certificate of appreciation. PUBLIC COMMENT 0:08:23 – 0:12:15 Part 1 The Chair opened the floor to public comment and two people spoke.
DISCUSSION & MOTIONS 0:12:15 – 2:52:40 Part 1 Reviewed “Working List of Proposed Edits to the Public Review Draft for Deliberation” 0:00:00 – 2:18:35 Part 2 of the draft Comp Plan and Code update and offered motions as described in attached “Motions Matrix.” FOLLOW-UP ITEMS 2:18:35 Part 2 – Koan None. Next Planning Commission meeting is scheduled for 05/09/18 at 5:30 pm at the Tri-Area Community Center. Adjourned at 11:00 pm These meeting minutes were approved this ____________ day of ___________________________, 2019. Michael Nilssen, 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 MOTIONS MATRIX
2018 Draft Comprehensive Plan and Code Updates
May 2, 2018
ID
#: Page Line
Sponsoring
Committee
Member:
Motion:
Yay Nay Abstain
1 1-14 8 Hull Move to approve line 8 as written with the addition of “if designated” at the end of “aquaculture resources” and updated reference to page 2-14. 6 0 0
2 1-31 9 Coker Move to approve line 9 as written. 6 0 0
3 1-31 10 Coker Move to approve deletion of “build green” and replace with “Built Green Washington.” 6 0 0
4 1-31 11 Koan Deferred
5 1-33 12 Coker Move to approve line 12 as written. 6 0 0
6 1-59 13 Sircely Move to approve line 13 as written. 6 0 0
7 1-82 14 Hull Move to add Policy LU-P-15.3 as written minus the word “Jefferson County Clean Water District.” 6 0 0
8 1-83 15 Hull Withdrawn.
9 1-83, 1-84 16 Coker Move to strike Policy LU-P-16.8 due to redundancy. 6 0 0
10 1-85 17 Koan Move to approve line 17 as written. 6 0 0
11 1-88 18 Koan Move to add language to current policy LU-P-20.2 as written on line 18, amended to say, “Continue the ongoing planning discussions with the City of Port Townsend regarding infrastructure and boundaries of the Glen 6 0 0
621 Sheridan St.
Port Townsend WA 98368
P: 360-379-4450
F: 360-379-4451
plancomm@co.jefferson.wa.us
Jefferson County Planning Commission MOTIONS MATRIX
2018 Draft Comprehensive Plan and Code Updates
May 2, 2018 Cove Light Industrial/Commercial District and examine alternative solutions, such as Large On-Site Sewage Systems (LOSS).”
12 1-109 19 Coker Deferred.
13 1-110 20 Hull Move to approve line 20 as written. 1 4 1
14 1-116 21 Coker Policy LU-P32.1 & 32.2 add “NEW” to the end.
15 2-11 23 Sircely Move to approve line 23 as written. 6 0 0
16 2-23 24 Hull Move to delete NR-P-8.7. 1 4 1
17 2-23 25 Coker Move to approve line 25 as written, noting updated reference to NP-P-8.6. 6 0 0
18 2-24 26 Sircely Move to approve line 26 as written. 6 0 0
19 2-24 27 Coker Withdrawn.
20 2-24 28 Hull Motion dies for lack of 2nd.
21 2-24 29 Koan Move to approve line 29 as written and add it to the language of policies ED-P-4.1 through 4.3. 5 0 1
22 3-12 31 Sircely Move to approve line 31 as written. 6 0 0
23 3-14 32 Coker Move to approve line 32 as written, amended to say “community land and housing trusts” and change “RV Parks” to “Residential Parks.” 5 1 0
24 3-14 33 Koan Deferred.
621 Sheridan St.
Port Townsend WA 98368
P: 360-379-4450
F: 360-379-4451
plancomm@co.jefferson.wa.us
Jefferson County Planning Commission MOTIONS MATRIX
2018 Draft Comprehensive Plan and Code Updates
May 2, 2018
25 3-15 34 Koan Move to approve line 34 as written, amended to say “for a period of 40 years” after the words, “housing units.” 3 3 0
26 3-16 35 Coker Withdrawn.
27 4-8 38 Koan Move to approve as written, amended to read, “Work collaboratively with public and private groups and individuals and tribes to develop a financially sustainable, high quality, diversified open space system, including trail network linkages, that preserves and enhances significant environmental resources and features.” 6 0 0
28 4-9 39 Koan Move to approve line 39 as written. 6 0 0
29 4-9 40 Koan Move to approve line 40 as written. 1 4 1
30 4-11 41 Koan Move to approve line 41 as written. 5 0 1
31 4-12 42 Hull Withdrawn.
32 5-12 44 Giske Move to approve line 44 as written. 6 0 0
33 5-25 45 Coker Move to approve combining 7.2 and 7.3 in the following way: “Evaluate all options and consider different scenarios, including retreat to deal with the impacts of sea level rise and storm surge in Jefferson County.” 5 1 0
34 5-26 46 Koan Move to add, “Preserve and protect” at the beginning of the title and replace the word “unique” with “distinctive” land forms to the end of EN-G-9. 4 1 1
35 5-26 47 Jochems Move to adding back EN-P-9.11, which was formerly ENP 7.7. “Encourage protection of unique geologic sites, conditions, and values, including 6 0 0
621 Sheridan St.
Port Townsend WA 98368
P: 360-379-4450
F: 360-379-4451
plancomm@co.jefferson.wa.us
Jefferson County Planning Commission MOTIONS MATRIX
2018 Draft Comprehensive Plan and Code Updates
May 2, 2018 locations of unique scientific interest, such as fossil locations and special mineral and rock locations.”
36 5-26 & 27 48 Coker Move to approve line 48 as written. 6 0 0
37 5-27 49 Coker Move to strike 10.1 6 0 0
38 5-29 50 Coker Move to strike EN-P-12.8 6 0 0
39 5-30 51 Koan Move to approve line 51 as written. 5 0 1
40 5-31 52 Hull Move to strike EN-P-15.7 & 15.8 6 0 0
41 5-31 53 Giske Move to approve line 53 as written. 0 4 2
42 5-32 54 Hull Move to approve line 54 as written. 4 2 0
43 5-33 55 Giske Motion dies for lack of a 2nd.
44 6.1 57 Koan Move to approve line 57 as written. 6 0 0
45
6-6 58 Koan Move to approve line 58 as written, amended to strike “Growth Management Act requires the” and “of a comprehensive plan to” and make “include” “includes.” The rest of the first paragraph stays intact; the second proposed paragraph is stricken. Correct the word “improvedments.” 6 0 0
46 6-19 59 Koan Move to approve line 59 as written. 6 0 0
47 7-12 61 Koan Move to approve line 61 as written. 1 3 2
48 7-20 62 Coker Move to approve line 62 as written. 6 0 0
621 Sheridan St.
Port Townsend WA 98368
P: 360-379-4450
F: 360-379-4451
plancomm@co.jefferson.wa.us
Jefferson County Planning Commission MOTIONS MATRIX
2018 Draft Comprehensive Plan and Code Updates
May 2, 2018
49
7-20 63 Koan Move to approve line 63 as written amended to strike “a cooperative study” and amended to add “non-motorized facilities and multi-purpose trails” instead of “non-motorized multi-purpose trails.” 6 0 0
50 7-20 64 Coker Withdrawn.
51 7-22 65 Coker Move to strike ED-P-3.4 5 0 1
52 7-22 66 Koan Withdrawn.
53 7-22 67 Coker NOTE: Staff to review line 67.
54 7-22 68 Koan Move to approve line 68 as written amended to say, “…enhancement of non-motorized facilities.” 6 0 0
55 7-23 69 Koan Move to approve line 69 as written, amended to say, “as well as recreational tourism.” 3 2 0
56 7-23 70 Koan Move to approve line 70 as written. 5 0 1
57 7-23 71 Koan Move to approve line 71 as written. 5 0 1
58 7-23 72 Koan Withdrawn.
59 7-25 73 Koan Motion dies for lack of a 2nd.
60 8-29 75 Coker Move to approve line 75 as written. 6 0 0
61 8-39 76 Coker Move to approve line 76 as written. 6 0 0
62 p.7 78 Nilssen Note: change “mitigation fees” to “impact fees” or other appropriate term or include definition.
621 Sheridan St.
Port Townsend WA 98368
P: 360-379-4450
F: 360-379-4451
plancomm@co.jefferson.wa.us
Jefferson County Planning Commission MOTIONS MATRIX
2018 Draft Comprehensive Plan and Code Updates
May 2, 2018
63 Xvi 2 Koan Move to approve line 2 as written, amended to read “wisely growing” instead of “smartly growing” and omitting “focusing in-fill within existing.” 2 3 1
64 Xvi 3 Koan Note: Staff to review.
65 Xvii 4 Koan Move to approve line 4 as written. 5 0 1
66 Vision 5 Koan Withdrawn.
67 Definitions 6 Koan Withdrawn.
1 All Goals 2 Koan Move to approve line 2 as written. 2 2 2
2 TOC 3 Koan Move to approve line 3 as written.
3 Relocation 7 Koan Move to approve line 7 as written. 5 0 1
4 Relocation 8 Koan Move to approve line 8 as written. 5 0 1
5 3-1 15 Koan Move to approve line 15 as written.
PROPOSED PLANNING COMMISSION MEETING DATES 2019 01/02/2019 01/16/2019 02/06/2019 02/20/2019 03/06/2019 03/20/2019 04/03/2019 04/17/2019 05/01/2019 05/15/2019 06/05/2019 06/19/2019 07/03/2019 07/17/2019 08/07/2019 08/21/2019 09/04/2019 09/18/2019 10/02/2019 10/16/2019 11/06/2019 11/20/2019 12/04/2019 12/18/2019 PROPOSED PLANNING COMMISSION MEETING DATES
2019
01/02/2019
01/16/2019
02/06/2019
02/20/2019
03/06/2019
03/20/2019
04/03/2019
04/17/2019
05/01/2019
05/15/2019
06/05/2019
06/19/2019
07/03/2019
07/17/2019
08/07/2019
08/21/2019
09/04/2019
09/18/2019
10/02/2019
10/16/2019
11/06/2019
11/20/2019
12/04/2019
12/18/2019
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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, subdivision ordinances, and
2 | P a g e
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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.
(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 | P a g e
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(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]
Chapter 18.05
18.05.050 Planning commission – Duties and responsibilities.
The duties and responsibilities of the planning commission shall be as follows:
4 | P a g e
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(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]
Chapter 18.10
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
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
5 | P a g e
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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 (RCW 36.70A.030(7). However, for the avoidance of doubt, Aa development
regulation does not include ordinances or regulations that address administrative processes and
proceduresprocedural issues related to land use planning, interim or emergency ordinances, moratorium
ordinances, or remand actions from state administrative boards or courts of law.
18.40.040 Project permit application framework.
Table 8-1. Permits – Decisions
Project permit application framework.
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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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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 20, 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 (MLA19-00009/ZON19-00004).
Executive Summary
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 all sections of the UDC
including those that implement the goals and policies of the County’s Comprehensive Plan (development regulations) and those that address administrative processes and procedures (procedural issues). The amendment process, as currently written, requires all amendments to be brought before the Planning Commission for a review and
recommendation to the BoCC. While the BoCC considers the Planning Commission recommendation, only the BoCC can adopt amendments. For reasons discussed more fully below, there is a compelling need to separate the approval process for development regulations from the approval process for procedural issues. The proposal below outlines how Staff proposes to accomplish this separation.
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 administrative processes and
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procedures related to land use planning, interim or emergency ordinances, moratorium ordinances, or remand actions from state administrative boards or courts of law.
Consistent with the Growth Management Act (GMA) and Planning Enabling Act (PEA), Jefferson County has established public participation processes relating to the development of comprehensive plans and their associated development regulations (Local Review Process). This Local Review Process requires that development
regulations to be brought before the Planning Commission for a public hearing, review,
and a recommendation to the BoCC. Neither the GMA nor the PEA require that procedural issues be considered by the Planning Commission. The limited time afforded for important work of the Planning Commission should be focused on review of development regulations, not procedural issues. In addition, more expeditious changes to procedural
issues will enable DCD to be more responsive to customer needs without impacting
compliance with the GMA or the PEA. Accordingly, the BoCC directed DCD to work with the Planning Commission to amend the UDC to separate the review of procedural issues from the review of development regulations. To accomplish the separation, DCD proposes amending the UDC’s definition of
development regulation to be consistent with state law, which defines development regulation as:
“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 critical 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. JCC 18.10.040. Current definition.
Staff proposes the following definition:
“Development regulation or regulations” 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, 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 (RCW 36.70A.030(7)). However, for the avoidance of doubt, a development regulation does not include ordinances
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or regulations that address administrative processes and procedures related to land use planning, interim or emergency ordinances, moratorium
ordinances, or remand actions from state administrative boards or courts of
law. Amendments to the UDC meeting the above exception to the definition of development regulation or regulations, 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 procedural issue amendments. 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.
Benefits The proposal has several benefits. First, 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. Second, 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. Third, it will save substantial DCD staff resources in preparing for and conducting Planning Commission review and hearings on these non-development regulation UDC amendments. Finally, it reduces risk for the County, as the procedural issue amendment will no longer require 60-day notice to the Washington State Department of Commerce.
Staff Analysis
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. 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.
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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 GMA, the PEA, and Local Project Review. As discussed below, the GMA, the PEA, and Local Project Review provide a
process for developing and amending development regulations. This Local Review
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.” Accordingly, 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 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
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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.030.1
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.
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,
1 This definition is quoted below.
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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.
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. 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
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considered a development regulation. The proposed amendment will streamline the UDC amendment process for procedural issues, allowing DCD to bring these proposed
amendments directly to the BoCC for review, public hearing, and action. Accordingly, 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.
Accordingly, 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.
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.”
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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.
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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:
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1. Because Jefferson County has created both a planning commission and planning department (Department of Community Development – DCD) , the 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
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(Section 8 paragraph 2) and therefore require public notice of meetings and an audio record of such meeting.
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, butinclude 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.
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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 approvals shall be by the affirmative vote of not fewer thanat least (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.
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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 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)
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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 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 thanat least (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_______________, 20132019. 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.