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JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Patty Charnas, Department of Community Development Director
Joel Peterson, Associate Planner, DCD
DATE: April 29,2019
SUBJECT: Informational Briefing from DCD on the 2019 Annual Amendment Cycle
for the Comprehensive Plan and Unified Development Code
STATEMENT OF ISSUE:
The Jefferson County Comprehensive Plan and Unified Development Code (UDC) is subject
to continuing review and evaluation. Jefferson County codified a public participation
program identifying procedures and schedules whereby updates, proposed amendments, or
revisions of the Comprehensive Plan and UDC are considered by the Board of County
Commissioners no more frequently than once every year(Chapter 18.45 JCC). This is in
accordance with the State Growth Management Act (RCW 36.70A.130). We refer to this as
the "Annual Amendment Cycle".
The Department of Community Development(DCD) will discuss details of the 2019 Annual
Amendment Cycle with the Board, including the upcoming review of the Preliminary Docket
of annual amendment proposals and the Board's action to establish the Final Docket.
ANALYSIS:
The information session will prepare the Board for upcoming legislative actions pertaining to
the Annual Amendment Cycle.
By the March 1, 2019 submittal deadline, DCD received one (1) site-specific amendment
proposal (rezone) and four(4) suggested text amendments. The site-specific amendment
proposal automatically goes on the Final Docket for full consideration. The suggested text
amendments were brought forward by the Jefferson County Planning Commission and
comprise the Preliminary Docket:
1) MLA19-00018. Jefferson County Planning Commission suggests an amendment to
the Comprehensive Plan & UDC to rescind provisions of the Forest Transition Overlay
(FTO), Article VI-N, JCC 18.15.571.
CAB
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.
3) MLA19-00020. Jefferson County Planning Commission suggests development of new
regulations using an "Eco-ADU" concept as a method for permitting multiple
Accessory Dwelling Units (ADUs)per parcel. The suggestion would allow an
incentivized square footage of ADUs to be allocated over multiple ADUs per parcel,
when certain"ecological performance standards" are met.
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 standards
for Jefferson County."
The Planning Commission held a public hearing on April 17, 2019, regarding the Preliminary
Docket of suggested text amendments and what should be recommended for the Final Docket.
The Planning Commission will be submitting their recommendations to the Board of County
Commissioners on or about May 13, 2019.
This informational briefing will be in preparation for formal next steps the Board may take.
Attachments:
• March 27, 2019 Department of Community Development's Review and
Recommendation on the 2019 Comprehensive Plan Amendment Preliminary Docket
• 2019 CPA Process Flowchart.
• Laserfiche Web Link to project files:
http://test.co.j efferson.wa.us/WebLinkExternal/O/fol/1937528/Rowl.aspx
FISCAL IMPACT:
There is no fiscal impact to this informational briefing. Revenue that supports work associated
with the County's Comprehensive Plan and related activities under the State Growth
Management Act are largely supported by the county's general fund.
RECOMMENDATION:
Receive informational briefing from DCD on the 2019 Annual Amendment Cycle.
REVIEWED BY:
•
er g/.2-e/ F
Mor e unty • 's rator Date
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
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
st. 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 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, 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.
ion 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 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 1 of 4
Figure 1 - Process and Proposed Timeline for Preliminary Docket to Final Docket
Date Activity
March 27, 2019 Staff distributes the 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 and Planning Commission
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
. 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.
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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:
This suggestion is not needed. Jefferson County must maintain the ability to grow in a
o
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:
The FTO has never been used. This proposal is likely not urgent.
o
Appropriateness:
This suggest
o
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:
DCD staff lacks the capacity to efficiently process this suggested amendment.
o
Cost:
Estimated level of effort: 20 hours
o
Estimated cost: $1,980.00 (20 hours @ $94 per hour and $100 in prorated
o
administrative costs, such as printing and legal ads)
Page 2 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:
Review of these code sections is needed to address community concern over
o
implementation of marijuana grow, production, and processing in rural residential
zones.
Urgency:
This an urgent suggestion. This topic was identified during the periodic review and
o
update of the Comprehensive Plan and Unified Development Code. Further, this topic
has been raised by several community organizations and citizens.
Appropriateness:
This suggested amendment provides specific code updates; however, the proposed code
o
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:
DCD staff lacks the capacity to efficiently process this suggested amendment.
o
Cost:
Estimated level of effort: 72 hours
o
Estimated cost: $7,168.00 (72 hours @ $94 per hour and $400 in prorated
o
administrative costs, such as printing and legal ads)
3.MLA19-00020. Jefferson County Planning Commission suggests development of new regulations using
-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
Need:
Innovative affordable housing options are needed to address housing affordability and
o
homelessness within Jefferson County.
Urgency:
This an urgent suggestion. However, substantial compliance issues are noted.
o
Appropriateness:
This proposal touches on existing broad Comprehensive Plan goals. However, substantial
o
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:
DCD staff lacks the capacity to efficiently process this suggested amendment.
o
Page 3 of 4
Cost:
Estimated level of effort: 184 hours
o
Estimated cost: $17,696.00 (184 hours @ $94 per hour and $400 in
o
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 EleAction 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:
Innovative affordable housing options are needed to address housing affordability and
o
homelessness within Jefferson County.
Urgency:
This suggestion is not of high urgency as it does not substantively address identifiable
o
policy issues relating to housing.
Appropriateness:
If docketed and implemented this suggestion likely involves DCD and outside agencies
o
involvement to ensure compliance with complex laws and regulations, such as
t Act. There are more appropriate methods of
increasing housing within Jefferson County.
DCD Staff Capacity:
DCD staff lacks the capacity to efficiently process this suggested amendment and lacks
o
capacity to convene and manage an additional citizen panel.
Cost:
Estimated level of effort: 22 hours
o
Estimated cost: $2,168.00 (22 hours @ $94 per hour and $100 in prorated
o
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, cannot support
any suggested text amendments without supplemental budget authority.
DCD recommends against placing any suggested text amendments on the final docket.
Page 4 of 4
2019
Comprehensive Plan Annual Amendment Process Flowchart
Formal Site-Specific Amendment & Suggested Amendment Proposals
Anticipated timeline or
Shading denotes legislatively determined dates
required deadline
Draft January 16, 2019 - Subject to Revision
4:30 pm
Applications due no later than March 1 of each year
March 1, 2019
JCC 18.45.040(2)(a)
Staff prepares compilationofPreliminary Docket for public review by the end of the second
full business week of March of each year.
March 15, 2019
All Formal Site-specific Amendments
All Suggested Amendments
All amendments recommended by Planning Commission during CP Periodic Review
JCC 18.45.050
DCD Staff Report evaluating which Suggested Amendments meet criteria to be placed on
the Final Docket
est. April 2019
JCC 18.45.060(1)
Optional Joint BoCC/Planning Commission Workshop
Invite applicants to present proposals
JCC 18.45.060(2)
Planning Commission Hearing on Suggested Amendments on preliminary docket
JCC 18.45.060(3)
Planning Commission Report and Recommendation to BoCC on Suggested Amendments
for Final Docket
JCC 18.45.060(3)
May 13, 2019
BoCC to consider Preliminary Docket by the second regular BoCC meeting in May
JCC 18.45.060(4)
Possible BoCC public hearing on suggested amendments if majority of BoCC
decides to add or subtract suggested amendments
July 1, 2019
to be held no later than the first BoCC meeting in July
JCC 18.45.060(4)(a)
July/August 2019
BoCC adopts Final Docket
All timely submittedpetitionsfor Formal Site-Specific Amendments
Proposals for Suggested Amendments which the BOCC elects to consider
DCD review, staff report, and recommendation of Final Docket, including SEPA review
September 2019
JCC 18.45.070
Planning Commission review of Final Docket proposals & at least one Public Hearing
JCC 18.45.080(1)
Planning Commission recommendations on Final Docket proposals to BoCC
October 2019
Approve, Deny, Approve with ConditionsorModifications
Optional BoCC workshop to review the Planning Commission
Recommendations
JCC 18.45.080(2)(a)
BoCC reviews CPAs and PC Recommendations at regularly scheduled meeting
JCC 18.45.080(2)(b)
BoCC Public Hearing if change deemednecessary to Planning Commission
November 2019
Recommendations
BoCC Decision
The final action on the docket must be taken
December 9, 2019
by the second regular board meeting in
December of each year
JCC 18.45.080(2)(d)
Possible Appeals shall be filed with and processed by WWGMHB per Chapter
February 2020
36.70A RCW