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Home My WebLink About04 0415 19 -h10 L51c 134\-. JEFFERSON COUNTY J STATE OF WASHINGTON In The Matter of Enacting an } Ordinance No. 04-0415-19 Ordinance Amending Jefferson County } Code Chapters 18.05, 18.10, 18.40 & } 18.45 Regarding the Scope, Definition & } Amendment of Development Regulations } WHEREAS, Jefferson County Code (JCC) 18.45.090 provides a process to amend all sections of the Unified Development Code (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); and, WHEREAS, JCC 18.45.090 as currently written, requires all amendments to the UDC be brought before the Planning Commission for a review and recommendation to the Board of County Commissioners (BoCC); and, WHEREAS, the Planning Enabling Act, Chapter 36.70 RCW (PEA), and Growth Management Act, Chapter 36.70A RCW (GMA), define and control the process to enact and amend development regulations; and, WHEREAS, the RCW 36.70.030 authorizes the creation of a Planning Commission to 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 or amendments thereto; and, WHEREAS, the GMA defines "development regulations" as "controls placed on development or land use activities by a county... 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" and that a development regulation does not include process or procedural regulations, such as "a decision to approve a project permit application, as defined in RCW 36.70B.020;" and, WHEREAS, Local Project Review (Chapter 36.70B RCW) defines a project permit application as "excluding the adoption or amendment of a comprehensive plan, subarea plan, or development regulations except as otherwise specifically included in this subsection;" and, 1 Ordinance No.04-0415-19 WHEREAS, neither the GMA or the PEA require Planning Commission review for adoption or amendment of procedural issues amendments; and, WHEREAS, it is beneficial to the County that time and resources of the Planning Commission focus on substantive comprehensive planning and its associated development regulations, such as updates to the Critical Areas Ordinance and Shoreline Master Program; and, WHEREAS, it is also beneficial to the County that staff time and resources to amend procedural issues be reduced; and, WHEREAS, a public hearing with approval and adoption by the BoCC will continue to be required for both development regulations and procedural issues amendments to the UDC; and, WHEREAS, segregating the process to amend development regulations and amendments to procedural issues is common practice in other jurisdictions planning under GMA; and, WHEREAS, On January 28, 2019, at its regularly scheduled meeting, the BoCC made a motion which carried directing the Department of Community Development (DCD) to work with the Planning Commission to amend the UDC to separate the review of procedural issues from the review of development regulations; and, WHEREAS, processing as a Type V legislative action, with BoCC review, BoCC public hearing, BoCC approval and adoption will continue to be required for both development regulations and procedural issues amendments to the UDC; and, WHEREAS, on January 29, 2019 DCD staff initiated Zoning Case ZON19- 00004, aka MLA19-00009 to process proposed amendments to the UDC to clarify the definition of development regulations and the process to amend them; and, WHEREAS, On February 6, and February 20, 2019, DCD staff presented the subject proposed UDC amendments, staff report, and proposed amendments to the Planning Commission By-Laws to the Planning Commission at their regularly scheduled meetings; and, WHEREAS, DCD staff forwarded the proposed UDC amendments to the Department of Commerce on February 6, 2019, requesting expediting the review as required under JCC 18.45.090(5), and receiving approval on February 21, 2019; and, 2 Ordinance No.04-0415-19 WHEREAS, DCD staff duly published notice of public hearing (ZON19- 00004) on February 20, 2019 to notify the public that the Planning Commission will hold a public hearing on March 6, 2019 to take public testimony on the subject UDC amendments, and to accept written comments on the proposal beginning on February 20, 2019 and ending on March 8, 2019; and, WHEREAS, the County Planning Commission having reviewed the issue, held a duly noticed public hearing on March 6, 2019, and received no written or oral testimony on the proposal; and, WHEREAS, the Planning Commission deliberated the proposed UDC amendments on March 20, 2019 and voted to approve their recommendation of March 28, 2019 and forward to the BoCC on April 15, 2019; and, WHEREAS, DCD has determined the proposed amendments to the UDC are consistent with the Jefferson County Comprehensive Plan by streamlining the process to implement Land Use Element Goal LU-G-14 Ensure responsive, fair, and efficient permit processing; and, WHEREAS, DCD has determined that the proposed amendments to the UDC are exempt from SEPA review under WAC 197-11-800(19)(b); and, WHEREAS, the BoCC has reviewed the Planning Commission's findings and recommendations on the proposed amendments, has independently applied the required GMA findings to the proposed amendments, and does not have any changes to the Planning Commission's findings and recommendations on the proposed amendment; and, NOW, THEREFORE BE IT ORDAINED, that the Board of County Commissioners ordains as follows: SECTION 1. Code Amendment. The Jefferson County Code is hereby amended to include text additions and changes as indicated by strikethrough and underlined text, Exhibit A. SECTION 2. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance, or the application of the provision to other persons or circumstances shall not be affected. SECTION 3. Legislative findings. The "Whereas" clauses, one and all of them listed in the enacting Ordinance, are deemed to be and shall be the legislative 3 Ordinance No.04-0415-19 findings of the Jefferson County Commission and shall represent the legislative history of this Chapter of the Jefferson County Code. SECTION 4. Effective Date. This ordinance shall take effect immediately after passage. EXHIBITS Exhibit A: Text Amendments 18.05.050, 18.10.040, 18.40.040, 18.45, 18.45.010 and 18.45.090 v r 0,,, ' ' . APPROVED AND SIGNED THIS 15th DAY OF APRIL, 2019. • .1 1A 7 ` \ I A ' 1 / A c JEFFERSON COUNTY ...., \ 'j 1 BOARD OF COMMISSIONERS AST. ' .'',*' . aKate Dea , hair t 1 7L' i've�._ / ` r Caroly Gallaway Deputy Clerk of the Board David ulliv, , ember ik il reg' o Berton, Member Approved as to form cl /1-.1,,, Philip C. Hunsucker Chief Civil Deputy Prosecuting Attorney 4 Ordinance No.04-0415-19 Exhibit A 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 4 regulations. 18.45.010 Amendments — Purpose and introduction. •:.HARE (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 71/- 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, img-development regulations and subarea plans. 18.45.090 Amendments to GMA development regulations._� SHARE (1) Initiation. The text of the GUounty's --_= - -_••- ' -• '••- ••-• •- development regulations (RCW 36.70A.030(7)), - -e - - -e - - ---- -- -- -- •-. --- - .e•-" 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. . -••-• •- - _- _ :._ _ _ - -._ - -•- ••-_•- •- -e• _ - _ -___ vent er+a = --- ._ •- -= ', -- •- •• =, =• •- - - -- ,sr+tfsat areas ordinances, 11 Exhibit A - . . ... . - . . e.-- .. .. . • e.-- -_ ••• --• , - - •-. - __ • - -• remand actions from statc • -- • - - - - -, -- •• e, • - - =- `_ = - -• ---_, •- 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 implementingdevelopment 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. 2IPage Exhibit A (3) Planning Commission Review. The planning commission shall hold a public hearing on any amendment(s) to theg-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 img-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. 0 SHARE The duties and responsibilities of the planning commission shall be as follows: 3IPage Exhibit A (1)The planning commission shall review the Jefferson County Comprehensive Plan and other planning documents to determine if the county's plans, goals, policies, 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 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. 0 SHARE El "Development regulation or regulations" ••-- - -e• e _ _ ____ e• _- - __ _• _ _ __ -r" _ , - - = - - - - - -• , - , - - - 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 4IPage Exhibit A defined in RCW 36.708.020, 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 procedures 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. 5IPage Exhibit A Table 8-1. Permits—Decisions Type I (1) Type II Type III Type IV Type V Septic permits Classification of Reasonable economic Final plats Special use permits unnamed and use variances under under under JCC 18.15.110 discretionary uses under JCC 18.15.220 Chapter Article II of Chapter 18.35 JCC 18.15 JCC Allowed uses not requiring Release of six-year FPA PRRDs under Article VI- Final PRRDs Jefferson County notice of application (e.g., moratorium for an M of Chapter 18.15 JCC under Article Comprehensive Plan "Yes" uses listed in Table individual single-family and major amendments VI-M of amendments under 3-1 in JCC 18.15.040, residence under JCC to PRRDs under JCC Chapter Chapter 18.45 JCC building permits, etc.) 18.20.160 18.15.545(3) 18.15 JCC Minor amendments to Cottage industries under Shoreline substantial Amendments to planned rural residential JCC 18.20.170 development permits for development developments(PRRDs) secondary uses, and regulationsg under JCC 18.15.545 conditional and variance permits under the UDC and the Land Ucc Jefferson County Distracts-Map Shoreline Master Program (SMP) Home businesses Short subdivisions under Plat alterations and Amendments to the approved under JCC Article IV of Chapter vacations under JCC Jefferson County SMP 18.20.200 18.35 JCC 18.35.030(3) Temporary outdoor use Binding site plans under Long subdivisions under Subarea and utility permits under JCC Article V of Chapter Article V of Chapter plans and amendments 18.20.380 18.35 JCC 18.35 JCC thereto Stormwater management Administrative Discretionary conditional Development permits under JCC conditional use permits use permits under JCC agreements and 18.30.070 under JCC 18.40.550(1) 18.40.550(2) [i.e., listed amendments thereto [i.e., listed in Table 3-1 in in Table 3-1 in JCC under Article XI of this JCC 18.15.040 as 18.15.040 as"C(d)"] chapter "C(a)"] where required by administrator Road access permits Discretionary conditional Conditional use permits Master plans for master under JCC 18.30.080 use permits under JCC under JCC 18.40.550(3) planned resorts 18.40.550(2) [i.e., listed (i.e., uses listed in Table in Table 3-1 in JCC 3- 1 in JCC 18.15.040 as 18.15.040 as"C(d)"] "C") unless Type III process required by administrator Sign permits under JCC Minor variances under Major variances under Amendments to the 18.30.150 JCC 18.40.670(1) JCC 18.40.670(2) Unified Development Code Boundary line adjustments Shoreline substantial Wireless under Article II of Chapter development permits for telecommunications 18.35 JCC primary uses under permits under JCC Jefferson County SMP 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). 6IPage Exhibit A Table 8-2. Action Types — Process Project Permit Application Procedures(Types I-IV) 'Legislative Type I Type II Type Ill Type IV Type V Recommendation Project Project planner Project planner N/A Planning commission) made by: planner Final decision Administrator Administrator Hearing examiner Board of county Board of county made by: commissioners commissioners Notice of No Yes Yes No N/A application: Open record No Only if administrator's Yes, before hearing No Yes, before planning public hearing: decision is appealed, examiner, prior to commission to make open record hearing permit decision by recommendation to before hearing the hearing board of county examiner examiner commissioners? Closed record No No No N/A Yes, or board of county appeal/final commissioners could decision: 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 - - •- -- -- - - .•. _-• _- _ :• : • 2Pursuant to RCW 36.70A.250 and 36.70A.280,the Western Washington Growth Management Hearings Board (VVWGMHB)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-ef public hearings before board of county commissioners with final legislative action by the board of county commissioners. : e _ _ _ - -e•- - • - _ •_• (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)] 7IPage Regular Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners (BoCC) Philip Morley, County Administrator FROM: Patty Charnas, Department of Community Development(DCD) Director David Wayne Johnson, Associate Planner DATE: April 15, 2019 SUBJECT: Briefing, Deliberation and Potential Action on Planning Commission's Recommended Ordinance Amending Jefferson County Code Chapters 18.05, 18.10, 18.40 and 18.45 Regarding Scope, Definition and Amendment of Development Regulations (MLA19- 00009) STATEMENT OF ISSUE: MLA19-00009 proposes amending the UDC to define "development regulations" consistent with State Law, replacing the term"implementing regulations,"and clarifying that the Planning Commission's required review and recommendation only applies to development regulations and not to regulations over processes and procedures. ATTACHMENTS: • Staff Report • Line-in, Line-out proposed text amendments • Planning Commission Recommendation on MLA19-00009 • Proposed Adopting Ordinance ANALYSIS/STRATEGIC GOALS/PROS and CONS: Background: On January 28, 2019, the Jefferson County Board of Commissioners (BoCC) referred the subject 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. 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. On February 6,and February 20,2019,DCD staff presented proposed UDC amendments,staff report,and proposed amendments to the Planning Commission Planning Commission. The Planning Commission held a duly noticed public hearing on March 6,2019 and established a public comment period.There were no public comments received in writing during the comment period nor verbally provided at the public hearing. 1 Regular Agenda The Planning Commission closed the hearing and after deliberating on March 20,2019,unanimously made a formal Recommendation (Exhibit C) to the Board of County Commissioners (BoCC) dated March 28, 2019 to the effect that the UDC be amended to revise sections of Jefferson County Code (JCC) 18.05.050, 18.10.040, 18.40.040, 18.45, 18.45.010 and 18.45.090, Consistent with State Law and surrounding jurisdictions,the proposed amendment eliminates the need for Planning Commission review of non-development regulations, since the limited time afforded for important work of the Planning Commission should be focused on review of development regulations such as the Critical Area Ordinance, the Shoreline Master Program (both on the docket for this year and next), and Comprehensive Plan amendments, 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. FISCAL IMPACT/COST-BENEFIT ANALYSIS: The proposal has several time and cost saving benefits. First, it will save Planning Commission time and resources by focusing on substantive comprehensive planning and associated development regulations. 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. In addition to creating regulations more in line with neighboring jurisdictions,this proposal,if adopted,reduces the added time and processing related to GMA- related development standards and the required 60-day notice to the Washington State Department of Commerce. RECOMMENDATION: DCD recommends the Board of County Commissioners: 1. Review the recommended Ordinance Amending Jefferson County Code Chapters 18.05, 18.10, 18.40 & 18.45 Regarding the Scope,Definition and Amendment of Development Regulations; 2. Review the March 28, 2019 Planning Commission recommendations on proposed amendments to the Unified Development Code, Title 18 relating to Planning Commission Review of Development Regulations— MLA19-00009; 3. Review all other supporting documentation provided in this transmittal; and 4. Pass a motion either directing staff to prepare the recommended Ordinance for action on the County Commissioners' agenda for April 22, 2019, OR directing staff to schedule a public hearing of the Board of County Commissioners to take testimony, further deliberate, and adopt or deny the Ordinance with or without changes. REED BY: ir die 4///2-k? Philip Morle , o ty Ad ' Date 2