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HomeMy WebLinkAbout01 PC Agenda Packet 04-03-19Jefferson County Planning Commission MEETING AGENDA Tri-Area Community Center, 10 W Valley Rd, Chimacum, WA 98325 April 3, 2019 P: 360-379-4450 621 Sheridan St. F: 360-379-4451 Port Townsend WA 98368 plancomm@co.jefferson.wa.us Regular Business 5:30pm Welcome (chair) and Overview Presentation • Call to Order/Roll Call • Approval of Agenda • Approval of previous Meeting Minutes, if available • Director’s update 5:35pm Observer Comment See Observer Comment Conduct, below. 5:45pm Regular Business • Discussion of the 2019 Comprehensive Plan Amendment Preliminary Docket and annual docketing process. • Discussion of Community Development’s Review and Recommendation of the Preliminary Docket. 7:00pm Adjournment Thank you for coming and participating in your government at work! 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. Jefferson County Planning Commission MEETING MINUTES Tri-Area Community Center May 9, 2018 P: 360-379-4450 621 Sheridan St. F: 360-379-4451 Port Townsend WA 98368 plancomm@co.jefferson.wa.us 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). 5:34pm Opening Business •Call to Order/Roll Call District 1 District 2 District 3 Coker: PresentKoan: PresentVacant: n/a Jochems: Present Sircely: Present Smith: Present Hull: Present Nilssen: Present Giske: Present 0:03:30 (Audio Tape Marker) Observer Comment The Chair opened the floor to public comment and two people spoke. Discussion •Review final business from May 2nd deliberation on policies •Review and accept proposed changes to Unified Development Code (UDC) o Refer to Exhibit 3 UDC Changes, p.8 of the Staff Report Attachment A: SEPA Addendum distributed with the Comprehensive Plan documents •Develop required findings and compose recommendation transmittal letter for Board of County Commissioners (BoCC) Motions Motion # Motion 1st 2nd Yay Nay Abstain 1 Move we approve policy NR-P-8.10, excluding side bar, as revised. Hull Nilssen 8 0 0 2 Move we approve the revisions to the transportation section and transportation technical document as revised by Matt. Hull Coker 8 0 0 3 Move we approve the revised capital facilities & utilities section. Hull Smith 8 0 0 4 Move we approve the revised capital facilities plan technical document. Hull Coker 8 0 0 5 Move that we take ten minutes of our time tonight to consider the plastics issue as an extension of the meeting. Giske Coker 7 0 1 Jefferson County Planning Commission MEETING MINUTES Tri-Area Community Center May 9, 2018 P: 360-379-4450 621 Sheridan St. F: 360-379-4451 Port Townsend WA 98368 plancomm@co.jefferson.wa.us 6 Move that a policy be added to the Fish and Wildlife Habitat section, line 53, as written. Giske None 3 3 2 7 Motion to adopt Exhibit 3, which is Unified Development Code changes, proposed as written minus the deferred items in the back of our packet. Nilssen Smith 8 0 0 8 Move to adopt recommendations and findings for the Comprehensive Plan Periodic Review and UDC Update, MLA14-00087 (CP) and MLA14-00086 (UDC). Hull Coker 8 0 0 9 Motion to authorize DCD staff to develop a draft transmittal letter and authorize the Planning Commission Chairman to sign transmittal letter. Coker Hull 8 0 0 Follow-Up Items • 05-16-19 meeting canceled. Second annual DCD staff potluck tentatively scheduled for last Friday in July; Planning Commission is invited. 8:39pm Adjournment • The next Planning Commission meeting is scheduled for 06/06/18 at 5:30 pm at the Tri-Area Community Center. These meeting minutes were approved this ____________ day of ___________________________, 2019. Michael Nilssen, Chair Nicole Allen, PC Secretary/DCD Office Coordinator Jefferson County Planning Commission SPECIAL MEETING MINUTES Tri-Area Community Center February 27, 2019 P: 360-379-4450 621 Sheridan St. F: 360-379-4451 Port Townsend WA 98368 plancomm@co.jefferson.wa.us 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). Comprehensive Plan Annual Amendment Cycle and Code Updates Workshop 5:30pm Opening Business • Call to Order/Roll Call District 1 District 2 District 3 Alen: Excused Coker: Present Koan: Present Jochems: Present Sircely: Present Smith: Present Hull: Excused Nilssen: Present Llewelyn: Present Discussion: Proposed Comprehensive Plan Amendments Cynthia Koan Amend Rule Residential designation to JCC 18.20.295 pertaining to marijuana production, processing and retailing on zoned Rural Residential. Mark Jochems Review JCC 18.15.571, Forest Transition overlay (FTO) districts for possible amendment. Matt Sircely Develop “Ecoland” standards. Increase density while reducing footprint density credits. Chris Llewellyn Review rural innovation under USDA guidelines. Cynthia Koan Eco Homestead, permit designation. Motions Motion # Motion 1st 2nd Yay Nay Abstain 1 Motion to remove FTO overlay in accordance with the Comprehensive Plan Natural Resources Action Plan. Jochems Koan 6 0 1 2 Motion to adopt edits in Koan Exhibit B draft line in line out changes to JCC 18.20.295 Recreational Cannabis to eliminate marijuana producer and Koan Smith 2 4 1 Jefferson County Planning Commission SPECIAL MEETING MINUTES Tri-Area Community Center February 27, 2019 P: 360-379-4450 621 Sheridan St. F: 360-379-4451 Port Townsend WA 98368 plancomm@co.jefferson.wa.us processors in rural residential zoning and to reduce maximum allowable size of growing structures in allowed zones from 21, 780 square feet to 10,890. 3 Motion that marijuana rule discussed during a study session. Llewellyn None 4 Motion to strike all amendments in Exhibit B except those relating to RR1:5. Smith Koan Motion withdrawn 5 Motion to revise Chapter 18.20.295 to meet community desires using Exhibit B as an example. Coker Jochems 6 0 1 6 Motion to add proposed 3.5 bullet point in action Plan (see Koan Exhibit A), strike “building” to “impact- positive standards.” Also revise “setup” to “set of,” and strike information in parenthesis. Koan Smith 6 0 1 7 Motion to draft code for “Eco-ADU” standards be adopted in the code and be amended/adopted along the way with public comment and applicable agencies. Sircely Motion withdrawn 7 Motion to use Eco ADU model as a method for multiple ADU’s per parcel in the county as prescribed in the Sircely draft document. Jochems Smith 6 0 1 8:04pm Adjournment • The next Planning Commission meeting is scheduled for 3/6/19 at 5:30 pm at the Tri-Area Community Center. These meeting minutes were approved this ____________ day of ___________________________, 2019. Michael Nilssen, Chair Nicole Allen, PC Secretary/DCD Office Coordinator 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 Page 1 of 4 Department of Community Development’s Review and Recommendation on the 2019 Comprehensive Plan Amendment Preliminary Docket TO: Jefferson County Board of Commissioners, County Administrator, Planning Commission, and Interested Parties FROM: Department of Community Development DATE: March 27, 2019 Under Chapter 18.45 of the Jefferson County Code (JCC), the Jefferson County Department of Community Development (DCD) annually accepts applications for formal site-specific Comprehensive Plan amendments (re- zones) and suggested text amendments to the Jefferson County Comprehensive Plan and Unified Development Code (UDC) for inclusion in the annual Comprehensive Plan amendment preliminary docket. DCD accepts applications for each cycle’s docket until March 1st. DCD received one formal site-specific amendment from a property owner and four suggested text amendments from the Jefferson County Planning Commission. All proposals were placed on the annual amendment cycle’s preliminary docket. Formal site-specific amendments are automatically included in the final docket. Chapter 18.45 of the JCC requires that the preliminary docket be reviewed by DCD, the Planning Commission, and the Jefferson County Board of County Commissioners (BoCC) prior to adoption of the final docket. During this process DCD reviews and recommends whether a suggested text amendment should be included in the final docket. Under JCC 18.45.060, DCD’s review and recommendation includes the following factors: a) Need; b) Urgency; c) Appropriateness; d) DCD staff capacity to substantively review and manage the suggested text amendments; and e) Anticipated DCD cost and budget for processing the suggested amendments. DCD’s review and recommendations are presented to the Planning Commission for their review of the preliminary docket and recommendation on the final docket, after a public hearing, to the Board of County Commissioners. If the Board of County Commissioners decides to adopt a final docket differing from the Planning Commission’s recommended final docket, the BoCC is required to hold a separate public hearing prior to the adoption of the final docket. Please see Figure 1 for a timeline of the preliminary to final docket. During this process, DCD continually reviews and recommends whether items should be placed on the final docket using the analysis above under JCC 18.45.060. Page 2 of 4 Figure 1 - Process and Proposed Timeline for Preliminary Docket to Final Docket Date Activity March 27, 2019 Staff distributes the Department of Community Development’s review and recommendation on the 2019 Comprehensive Plan amendment preliminary docket. April 3, 2019 Staff reviews preliminary docket with the Planning Commission. April 17, 2019 Planning Commission holds public hearing on suggested text amendments on the preliminary docket. May 1, 2019 Planning Commission prepares a report and recommendation to the BoCC on the preliminary docket. May 13, 2019* BoCC considers the preliminary docket, including the Staff’s and Planning Commission’s report and recommendations by the second regular BoCC meeting in May. July 1, 2019* Possible BoCC hearing on the preliminary docket if BoCC decides to modify the Planning Commission’s recommended preliminary docket. Hearing to be held no later than the first BoCC meeting in July. July 2019 BoCC adopts final docket consisting of suggested text amendments which the BoCC elects to consider and all formal site-specific amendments. *Scheduled as required by Chapter 18.45 JCC 2019 Formal Site-Specific Amendment (Automatically Included in the Final Docket) 1. MLA19-00013. Andrew and Sarah Wilke, 240 Sand Road, Parcel #00184004. Requests a rezone of their approximately 11-acre parcel from Rural Residential 1 dwelling per 10 acres (RR1:10) to Rural Residential 1 dwelling per 5 acres (RR1:5). 2019 Suggested Text Amendments 1. MLA19-00018. Jefferson County Planning Commission suggests an amendment to the Comprehensive Plan and UDC to rescind provisions of the Forest Transition Overlay (FTO). • Need: o This suggestion is not needed. Jefferson County must maintain the ability to grow in a sustainable manner. The existing FTO permits forest land in a highly limited manner to be converted to rural residential providing needed housing within Jefferson County. • Urgency: o The FTO has never been used. This proposal is likely not urgent. • Appropriateness: o This suggestion was identified as an action item in the Comprehensive Plan’s Natural Resource Element Action Plan. However, the FTO may permit additional residential lots within the county and act as a transition between forest lands and higher intensity uses. • DCD Staff Capacity: o DCD staff lacks the capacity to efficiently process this suggested amendment. • Cost: o Estimated level of effort: 20 hours o Estimated cost: $1,980.00 (20 hours @ $94 per hour and $100 in prorated administrative costs, such as printing and legal ads) Page 3 of 4 2. MLA19-00019. Jefferson County Planning Commission suggests a review and amendment of JCC 18.20.295 Recreational Marijuana addressing community concerns regarding land use issues experienced with recreational marijuana production in rural residential zones. • Need: o Review of these code sections is needed to address community concern over implementation of marijuana grow, production, and processing in rural residential zones. • Urgency: o This an urgent suggestion. This topic was identified during the periodic review and update of the Comprehensive Plan and Unified Development Code. Further, this topic has been raised by several community organizations and citizens. • Appropriateness: o This suggested amendment provides specific code updates; however, the proposed code updates may be limiting in nature. Multiple policy options exist to address community concerns not suggested by this amendment. The proposal requires substantial DCD staff time and resources. • DCD Staff Capacity: o DCD staff lacks the capacity to efficiently process this suggested amendment. • Cost: o Estimated level of effort: 72 hours o Estimated cost: $7,168.00 (72 hours @ $94 per hour and $400 in prorated administrative costs, such as printing and legal ads) 3. MLA19-00020. Jefferson County Planning Commission suggests development of new regulations using “Eco-ADU” as a method for permitting multiple Accessory Dwelling Units (ADUs) per parcel. The suggestion would allow the existing square footage of ADUs to be allotted over multiple ADUs per parcel when certain “eco” performance standards are met. • Need: o Innovative affordable housing options are needed to address housing affordability and homelessness within Jefferson County. • Urgency: o This an urgent suggestion. However, substantial compliance issues are noted. • Appropriateness: o This proposal touches on existing broad Comprehensive Plan goals. However, substantial compliance issues with Washington’s Growth Management Act are present. The suggestion, as drafted, has high implementation and monitoring costs, including a review board and appeal processes outside of existing code procedures. The suggestion requires substantial staff time and resources. • DCD Staff Capacity: o DCD staff lacks the capacity to efficiently process this suggested amendment. Page 4 of 4 • Cost: o Estimated level of effort: 184 hours o Estimated cost: $17,696.00 (184 hours @ $94 per hour and $400 in prorated administrative costs, such as printing and legal ads) 4. MLA19-00023. Jefferson County Planning Commission suggests an amendment to the Comprehensive Plan adding a priority work item to the Housing Element’s Action Plan to “convene a panel of citizens knowledgeable in the innovative technologies listed in Policy HS-P-2.3 to research and recommend a set of performance measures upon which to build a set of opt-in, very-low-impact and/or impact-positive standards for Jefferson County.” • Need: o Innovative affordable housing options are needed to address housing affordability and homelessness within Jefferson County. • Urgency: o This suggestion is not of high urgency as it does not substantively address identifiable policy issues relating to housing. • Appropriateness: o If docketed and implemented this suggestion likely involves DCD and outside agencies involvement to ensure compliance with complex laws and regulations, such as Washington’s Growth Management Act. There are more appropriate methods of increasing housing within Jefferson County. • DCD Staff Capacity: o DCD staff lacks the capacity to efficiently process this suggested amendment and lacks capacity to convene and manage an additional citizen panel. • Cost: o Estimated level of effort: 22 hours o Estimated cost: $2,168.00 (22 hours @ $94 per hour and $100 in prorated administrative costs, such as printing and legal ads) Department of Community Development Final Docket Recommendation DCD has extremely limited staff capacity for any additional suggested text amendments beyond the on-going and planned 2018 code updates including: Critical Areas Ordinance, Shoreline Master Program, Regulatory Reform updates, and Code Enforcement. Placement of any suggested text amendments on the final docket will likely result in significant increases in land use and building permitting processing times. If any suggested text amendments are docketed on the final docket, DCD requests supplemental budget authority to support the docket work. DCD estimates that the preliminary docket requires 298 staff hours and a supplemental budget of $29,012. As DCD relies on a combination of on-going general fund, project specific general fund, and grant dollars to support all long-range planning work, DCD’s existing budget cannot support any suggested text amendments without supplemental budget authority. DCD recommends against placing any suggested text amendments on the final docket. Supplemental Response to Suggested Text Amendment Application Question #7 Eco-ADU Description 4/9/2019 Matt Sircely From Matt Sircely 4/5/2019 email to Planning Commission Desk: “Please know that this was written before the [February 27, 2019] meeting (the title is dated today because I continued to edit it down this afternoon). In that spirit, please know that this document does not address some of our constructive conversation at the Wednesday [February 27, 2019] meeting, nor the follow-up emails since.” At the February 27 Planning Commission Meeting, the board voted unanimously (with the Chair abstaining): “The Planning Commission recommends using the Eco-ADU model as a method for multiple ADUs per parcel in the County as prescribed in the attached documents.” A text amendment to the code requires three exhibits, and drafts of these documents are now available to the public in the county database. The Eco-ADU proposal combines two longstanding goals in Jefferson County: ecological protection and affordable housing. The program intends to serve as a springboard for landowners, farms and sponsor organizations to develop their own specific solutions with assistance and review from a group of appointed volunteers. Opting in to a voluntary eco-standard enables landowners to build multiple detachable ADUs under a discretionary conditional use permit. Imagine: Landowners opt-in to a locally defined eco-standard that protects the land and wildlife from threats such as clear-cuts, synthetic and toxic contaminants, and extensive grading or erosion. For forest parcels, the program incorporates a Sustainable Forest Plan. For agricultural parcels, the program incorporates a Farm Plan. The program is designed to protect rural character and keep working lands in intentional production and/or regeneration over the long-term. Likewise, the program applies principles of social equity to the preservation of rural character and working lands, designed to help Jefferson residents stay in Jefferson County at a critical time when land and home prices have been rapidly outpacing income growth. Pairing equity with ecology is essential when addressing multiple problems simultaneously, because rural character and working lands include people, Supplemental Response to Suggested Text Amendment Application Question #7 Eco-ADU Description 4/9/2019 Matt Sircely and prices can be prohibitive for county residents, many of whom have asked for more simple, low-impact options for years. This program works to achieve these goals by leveraging resilience and ingenuity within the community by empowering a new Citizen Expert Review Panel to interface with the department, offer consultations, and maintain a local standard over time. The document entitled “Eco-ADU Amendment Exhibit A” explains how the amendment captures the spirit of our community. Jefferson County has sufficient local expertise willing to drive this effort, and we clearly have an urgent need to find solutions to multiple challenges. This new approach promotes ecological solutions that are equitably-minded, and simultaneously equitable solutions that are ecologically-minded. The overall goal of this program is to consider the interests of the land over the long-term, and to advance affordable housing options in ways that are urgent, intentional and personalized to the needs of our rural community. How it works: Everyone is allowed 1,250 sq ft for an Accessary Dwelling Unit in Jefferson County. When people opt in to the program, they immediately receive an additional 300 sq ft, in addition to any their unused ADU allocation. For someone with no existing ADU, this means a total allocation of 1,550, which can then be divided among multiple ADUs. Total number of ADUs is limited to remain consistent with parcel size. For example, more ADUs will be allowed on 10-A parcels than 5-A. Additionally, an adaptation from the Seattle Living Building Pilot Project allows people to expand the total allocation by 15% each time they choose to incorporate one of three incentivized eco-design features: elevating the structure to allow passage of wind and wildlife, installing alternative energy solutions, and incorporating ‘living building’ elements such as living roofs. Also, the landowner can add 15% if they have a small primary residence. Example A: For a landowner with a small primary residence (under 1,800 sq ft), with no existing ADU, and choosing one design incentive, the Eco-ADU allocation would be: Supplemental Response to Suggested Text Amendment Application Question #7 Eco-ADU Description 4/9/2019 Matt Sircely 1,250 + 300 opt-in allocation = 1,550 x 1.15 (2x) = 2050 sq ft which can be divided among multiple eco-ADUs Example B: For a landowner with a small primary residence (under 1,800 sq ft), with an existing 600 sq ft ADU, and opting into two design incentives, the Eco-ADU allocation would be: 650 + 300 opt-in allocation = 950 sq ft x 1.15 (3x) = 1445 sq ft which can be divided among multiple eco-ADUs One additional provision allows neighbors to voluntarily opt-in to the program together as a way to achieve specific project goals, such as more effectively clustering Eco-ADUs while preserving more land. This fulfills a longstanding goal that was discussed by the Planning Commission thirty years ago during the deliberations over the creation of our first Comprehensive Plan: the notion of clustering rural housing as a way to preserve larger stretches of natural areas in the rural county. A Citizen Expert Review Panel, similar to the Planning Commission, conducts workshops and helps landowners with consultations and ongoing reviews. Developing a local standard is an attainable goal, since there are many consistently updated standards that can be drawn upon. Key to success is the ability of the Review Panel to make exceptions. Over time, changes shape the standard through public process. The program as originally proposed likely necessitates minor alterations to county codes because it accepts and builds on all existing codes. A discretionary conditional use permit affords the county maximum flexibility in the issuance of permits, and although there are some procedural safeguards to protect landowners, in the end the county maintains full control over permitting and permit renewals. Landowners can opt out of the program for any reason. All Eco-ADUs and/or synthetic components are required to be removable in the event of an opt-out or a permit revocation. The voluntary nature of the program is part of what makes it simple and safe — both for the county and for project participants who choose to opt-out.