HomeMy WebLinkAbout092820_ra01Regular Agenda 10:30am
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners (BoCC)
Philip Morley, County Administrator
FROM: Linda Paralez, Acting Director, Department of Community Development
David Wayne Johnson, Associate Planner, DCD
DATE: September, 28, 2020
SUBJECT: Transmittal of Planning Commission Report and Recommendation for Final
Docket, 2020 Annual Amendment Cycle, with Discussion and Possible Board
Action on BoCC Public Hearing for Final Docket.
ATTACHMENTS:
• Jefferson County Planning Commission's Report and Recommendation for the 2020
Comprehensive Plan Amendment Final Docket
• Department of Community Development's Review and Recommendation on the 2020
Comprehensive Plan Amendment Preliminary Docket
• Resolution 25-20
STATEMENT OF ISSUE:
Under JCC 18.45.060 Review of preliminary docket — Adoption of final docket (3) the
Jefferson County Planning Commission has completed its review of the 2020 Comprehensive
Plan Amendment Preliminary Docket, and after holding a duly noticed public hearing,
presents their Report and Recommendation to the BoCC for consideration on adoption of the
final docket of the Comprehensive Plan annual amendment process.
ANALYSIS:
JCC 18.45.060(4) requires the BoCC review and consider the Planning Commission's Report
and Recommendation for final docket at a regularly scheduled commissioner's meeting. The
BoCC may adopt the planning commission's recommended final docket without a public
hearing; however, in the event that a majority of the board of county commissioners decides to
add or subtract suggested amendments, it shall first hold a public hearing, noticed ten (10)
days prior to the hearing. Note that all deadlines under JCC 18.45 for adoption of the final
docket were suspended by adoption of Resolution No. 25-20, which also requires BoCC to
take final legislative action on the final 2020 docket by February 26, 2021.
Regular Agenda 10:30am
Resolution No. 25-20 also requested the Planning Commission limit final 2020 docket items to
the one site specific application submitted by March 1st deadline, and the Port Hadlock sewer
capital facilities update based on limited funding and resources. The Department of
Community Development supports the BoCC's original request to limit the docket, and does
not endorse adding additional items to the 2020 docket at this time. See DCD's staff analysis,
dated September 2, 2020, also included in this transmittal.
FISCAL IMPACT:
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 and are listed and outlined in the attached Department of Community
Development's Review and Recommendation on the 2020 Comprehensive Plan Amendment
Preliminary Docket. The Department of Community Development is highly constrained for
resources at this time, and is not prepared to support additional docket items.
RECOMMENDATION:
Consider the Planning Commission's Report and Recommendation, dated September 15, 2020.
The Board may then make a motion to adopt the Planning Commission's recommendations for
the 2020 Annual Amendment Cycle Final Docket, thereby establishing the 2020 Final Docket.
Or, the Board may make a motion that specifies changes to the Planning Commission's
recommendations by adding or subtracting suggested text amendments from the Planning
Commission's recommendation, and that a BoCC hearing be scheduled and noticed by DCD
for public testimony on the Board's recommended changes for the 2019 Final Docket.
REVIEWED BY:
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1 ip Mor ey ounty Admin' r Date
SON co JEFFERSON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
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621 Sheridan Street I Port Townsend, WA 98368
s 360-379-4450 1 email: dcd@co.jefferson.wa.us
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Department of Community Development's Review and Recommendation on the
2020 Comprehensive Plan Amendment Preliminary Docket
TO: Jefferson County Board of Commissioners, County Administrator, Planning Commission, and
Interested Parties
FROM: Department of Community Development
DATE: September 2, 2020
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 15Y. In addition, DCD submits staff
suggested amendments for potential inclusion on the final docket.
For the 2020 annual amendment cycle, DCD received one complete application for a formal site -specific
amendment from a property owner. DCD staff suggested five amendments. No suggested amendments from the
Public or parties of interest were submitted by the March 15Y deadline. The Planning Commission requested that
three amendments from the 2019 cycle, be "rolled over" and included in the 2020 docket. 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. 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 9
Figure 1- Process and Proposed Timeline for Preliminary Docket to Final Docket
Date
Activity
April 27, 2020
BoCC issues Resolution 25-20 suspending the deadlines in JCC 18.45 for processing and
adoption of Docket items
July 15, 2020
Staff distributes application for site -specific amendment (MLA20-00039 Seton), the
"DEPARTMENT OF COMMUNITY DEVELOPMENT 2020-2021 WORK PROGRAM Related to
Long-range Planning Projects 2020 and 2021 Comprehensive Plan Amendment
Preliminary Docket and Other High -priority Initiatives," and Resolution 25-20 to the
Planning Commission for review.
August 5, 2020
Staff reviews DEPARTMENT OF COMMUNITY DEVELOPMENT 2020-2021 WORK
PROGRAM Related to Long-range Planning Projects 2020 and 2021 Comprehensive Plan
Amendment Preliminary Docket and Other High -priority Initiatives with the Planning
Commission.
August 11, 2020
Staff prepares final Preliminary Docket Report based on PC feedback from August 5tn
meeting.
August 19, 2020
Planning Commission holds public hearing on suggested text amendments on the
preliminary docket.
September 2, 2020
Planning Commission prepares a report and recommendation to the BoCC on the
preliminary docket.
September 21,
BoCC considers the preliminary docket, including the Staff's Report and Planning
2020
Commission's report and recommendations.
October 5, 2020
Possible BoCC hearing on the preliminary docket if BoCC decides to modify the Planning
Commission's recommended preliminary docket.
October, 2020
BoCC adopts final docket consisting of suggested text amendments which the BoCC
elects to consider and all formal site -specific amendments.
February 26, 2021
The BoCC shall take final legislative action on 2020 docket items by February 26, 2021,
unless extended by the BoCC consistent with WAC 365- 196- 640( 3)( a).
*Scheduled as required by Chapter 18.45 JCC
2020 Formal Site -Specific Amendment (Automatically Included in the Final Docket)
1. MLA20-00039. Bruce Seton, Jr. Parcel #001281002. Requests a rezone of 22.15-acre parcel from Rural
Residential 1 dwelling per 10 acres (RR1:10) to Rural Residential 1 dwelling per 5 acres (RR1:5) to enable
a future 4-lot subdivision.
2020 Interested Parties Suggested Amendments
As noted above, DCD did not receive any applications from interested parties, by March 1, 2020 for
suggested amendments to the Comprehensive Plan or its implementing development regulations.
2020 Staff Suggested Text Amendments
Below is an overview of the 2020 staff suggested text amendments to the Comprehensive Plan or its
implementing development regulations and an analysis of whether these staff suggestions should be placed on
the 2020 final docket.
Page 2 of 9
1. Comprehensive Plan Amendment to Reflect Revisions to the Port Hadlock Sewer Plan. The Jefferson
County Department of Public Works is revising the 2008 Port Hadlock Sewer Plan to plan a more cost-
effective sewer development approach within the Port Hadlock Urban Growth Area. It is expected that
the revisions to the 2008 Port Hadlock Sewer Plan will be engineering and cost related. The revisions
must be incorporated into the Comprehensive Plan's Capital Facilities Element.
• Need:
o This is needed. Jefferson County's Comprehensive Plan must be updated so that the
sewer redesign and financing plan is consistent with the Comprehensive Plan's Capital
Facilities Element.
• Urgency:
o This project is urgent. Amendments to the Comprehensive Plan's Capital Facilities
Elements are required to implement the Port Hadlock Sewer Plan.
• Appropriateness:
o This project allows the sewer redesign to comply with the Growth Management Act and
the Comprehensive Plan. Once sewer is available to properties within the Port Hadlock
Urban Growth Area they may develop at urban densities.
• DCD Staff Capacity:
o DCD staff lacks the capacity to efficiently process this suggested amendment. Outside
consultants would be necessary due to existing DCD workload and the on -going COVID-
19 crisis.
• Cost:
o Estimated level of effort: 25 hours
o Estimated cost: $3,800.00 (25 hours @ $140 per hour consultant
services and $300 in prorated administrative costs, such as printing and legal ads)
• DCD's Recommendation for Inclusion on the 2020 Final Docket:
o DCD recommends that this item is included in the 2020 final docket. Revisions to the
Comprehensive Plan to allow a more cost-effective implementation of the Port Hadlock
Sewer is critically important to Jefferson County's economic development opportunities.
2. Subarea Plan for Port Hadlock Urban Core Revitalization. With the potential for the Port Hadlock Urban
Growth Area to be developed at urban densities because of the proposed future sewer, planning will be
needed to maximize the sewer system investment. This planning effort would focus on the initial service
area for the redesigned sewer system, which includes existing retail businesses and professional
services. This subarea plan would analyze the land use, development regulations, and standards for
areas within the core service area for the first phase of the sewer plan.
• Need:
o This is project would be needed if the redesigned sewer system is able to be constructed
and if the area citizens support a subarea plan investment for the core business district.
Page 3 of 9
• Urgency:
o This project is not urgent but may provide important motivation to creating and support
for a local improvement district.
• Appropriateness:
o The project is appropriate, as it would reevaluate land use, development regulations,
and standards for development within the core sewer area, consistent with sewer
implementation.
• DCD Staff Capacity:
o DCD staff lacks the capacity to efficiently process this suggested plan. Outside
consultants would be necessary due to existing DCD workload and the on -going COVID-
19 crisis.
• Cost:
o Estimated level of effort: 200 hours
o Estimated cost: $28,000 (90 hours @ $140 per hour consultant services and
$1,500 in prorated administrative costs, departmental and prosecutor's involvement).
• DCD's Recommendation for Inclusion on the 2020 Final Docket:
o DCD does not recommend that this item is included in the 2020 final docket. While the
subarea plan is important to ensure efficient development of the core sewer area, the
sewer plan updates will not be reflected in the Comprehensive Plan until at least the
adoption of the 2020 amendments. This project is not urgent. DCD lacks staff capacity
and funding for this project.
3. Subarea Plan for South Discovery Bay. The proposed subarea plan would analyze land use, development
regulations, and infrastructure to enhance existing and create new commercial establishments in this
small existing hamlet that would potentially be created as a highway tourist commuter zone and
consider short term lodging development.
• Need:
o This project is needed to study the South Discovery Bay area and develop new land use
policies, development regulations, and infrastructure to enable sustainable, rural
development within the South Discovery Bay area.
• Urgency:
o This project is not urgent.
• Appropriateness:
o The project is appropriate, as it would reevaluate land use, development regulations,
and standards for development within the South Discovery Bay area.
• DCD Staff Capacity:
o DCD staff lacks the capacity to efficiently process this suggested plan. Outside
consultants would be necessary due to existing DCD workload and the on -going COVID-
19 crisis.
• Cost:
o Unknown at this time.
Page 4 of 9
• DCD's Recommendation for Inclusion on the 2020 Final Docket:
o DCD does not recommend that this item is included in the 2020 final docket. This project
is not urgent. DCD lacks staff capacity and funding for this project.
4. Subarea Plan for Quilcene LAMIRD Business and Residential Area. An effort to extend existing or create
new limited areas of more intensive rural development (LAMIRD) in the Quilcene area that would
address much needed commercial and residential development.
• Need:
o This project is needed to study the Quilcene area and develop new land use policies,
such as new LAMIRDs or development regulations to enable sustainable, rural
development within the Quilcene area.
• Urgency:
o This project is not urgent.
• Appropriateness:
o The project is appropriate, as it would evaluate land use, development regulations, and
infrastructure, with the potential for new LAMIRD within the Quilcene area.
• DCD Staff Capacity:
o DCD staff lacks the capacity to efficiently process this suggested plan. Outside
consultants would be necessary due to existing DCD workload and the on -going COVID-
19 crisis.
• Cost:
o Unknown at this time.
• DCD's Recommendation for Inclusion on the 2020 Final Docket:
o DCD does not recommend that this item is included in the 2020 final docket. This project
is not urgent. DCD lacks staff capacity and funding for this project.
5. Brinnon Subarea -Wastewater Treatment Development Regulations. The Dosewallips State Park sewer
system has been shown to possess sufficient capacity to connect much needed, high priority locations in
Brinnon to the state park sewer system. Sewer connections will address significant water quality
concerns arising from failing onsite septic systems. While some Washington jurisdictions have been able
to extend limited sewer service from a designated urban area to immediately adjacent rural areas, the
extension of sewer service to selected locations and properties requires specific code development to
address the standards by which these additional connections can be made outside of the state park
service area, while complying with the Growth Management Act.
• Need:
o This is needed. Jefferson County continues to deal with substantial degradations in
shoreline water quality and closures of shellfish beds to recreational and commercial
harvest due to contamination of failing septic systems.
• Urgency:
o This project is urgent. The state park desires to work cooperatively with the County to
provide for these sewer service extensions. Septic system failures are a chronic problem
along the shorelines of Brinnon.
Page 5 of 9
• Appropriateness:
o This project will develop Growth Management Act compliant development regulations
allowing certain properties to hookup to the state park sewer system while limiting the
sewer connections to only the appropriate properties. There will be, however,
substantial pressure to extend connections to private individual residential and
commercial properties which may create compliance issues under the Growth
Management Act. DCD is aware that the State must make certain improvements to the
state park sewer system prior to the availability of new hookups.
• DCD Staff Capacity:
o DCD lacks the capacity at present to efficiently process this suggested amendment.
Outside consultants would be necessary due to existing DCD workload and the on -going
COVID-19 crisis.
• Cost:
o Estimated level of effort: 35 hours
o Estimated cost: $6,700.00 (35 hours @ $140 per hour consultant services
and $1,800 in prorated administrative costs, departmental and prosecutor's
involvement)
• DCD's Recommendation for Inclusion on the 2020 Final Docket:
o DCD does not recommend that this item is included in the 2020 final docket, as DCD
lacks staff capacity and funding for this project.
2020 Planning Commission Suggested Amendments
The Planning Commission recommended to the BoCC that three (3) suggested amendments be made for
the 2019 final docket. Since they were not selected for inclusion on the final docket in 2019, The Planning
Commission request that they be placed on the preliminary docket for consideration on the final docket for
2020. Those three amendments are listed here.
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:
Page 6 of 9
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)
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 @ $96 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 7 of 9
• Cost:
o Estimated level of effort: 184 hours
o Estimated cost: $17,696.00 (184 hours @ $96 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 @ $96 per hour and $100 in prorated
administrative costs, such as printing and legal ads)
Department of Community Development Final Docket Recommendation
DCD recommends that the Comprehensive Plan Amendment to Reflect Revisions to the Port Hadlock
Sewer Plan staff suggested amendment is placed on the 2020 final docket and that all other staff suggested
amendments are not placed on the 2020 final docket.
DCD has extremely limited staff capacity for any additional suggested text amendments beyond the on-
going and planned 2020 code updates including: Shoreline Master Program, Regulatory Reform updates, and
Code Enforcement. In addition to DCD's limited capacity, the on -going COVID-19 crisis has created further staff
and financial pressure on DCD. Placement of staff suggested amendments, other than the Comprehensive Plan
Amendment to Reflect Revisions to the Port Hadlock Sewer Plan, 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. As DCD recommends that the Comprehensive Plan Amendment to Reflect
Revisions to the Port Hadlock Sewer Plan is placed on the final docket, DCD requests $3,800 in supplemental
Page 8 of 9
budget to accomplish this staff suggested amendment. 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.
Page 9 of 9
c,ON �o JEFFERSON COUNTY
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621 Sheridan Street I Port Townsend, WA 98368
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360-379-4450 1 email: PlanComm@co.jefferson.wa.us
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http://www.co.jefferson.wa.us/580/Planning-Com mission
TO: Jefferson County Board of Commissioners
FROM: Jefferson County Planning Commission
DATE: September 15, 2020
SUBJECT: Jefferson County Planning Commission's Report and Recommendation for the
2020 Comprehensive Plan Amendment Final Docket
The Jefferson County Planning Commission (PC) has conducted its review of the 2020 Preliminary Docket
(attached) and forwards this report and recommendation to the Jefferson County Board of Commissioners
(BoCC). This report identifies those suggested text amendments the Planning Commission is recommending for
consideration by the BoCC during the annual amendment process. We have based our recommendation on
need, urgency, and appropriateness of each suggested text amendment.
Additionally, the PC recommended four (4) suggested amendments for placement on the 2019 final docket. The
PC requests these items be placed on the 2020 Preliminary Docket for further consideration by the BoCC.
Due to the COVID pandemic, and the cancellation of ten (10) PC meetings from February thru July 2020, Staff
and the PC did not communicate regarding the March Is' deadline for inclusion on the preliminary docket and
those items were not initially included on the docket. After the August 51" PC meeting, and prior to the PC Public
Hearing of August 191", Staff placed the subject amendments on the 2020 preliminary docket.
On August 19, 2020, the Planning Commission held a duly noticed public hearing to accept testimony regarding
the suggested text amendments on the Preliminary Docket. Thirty-seven written comments were received from
the public during the hearing which ended at 4:30 p.m. August 21, 2020.
The Jefferson County Planning Commission, representing the expressed will of the citizens of Jefferson County,
respectfully requests the opportunity to revisit the current marijuana, and Forest Transition Overlay regulations
in order to refine, revise, remove and improve current regulations, consistent with Regulatory Reform
Resolution No. 17-19.
Further, the Jefferson County Planning Commission is advocating that the time to address pressing issues of
affordable housing with ultra -low -impact and impact -positive development is now.
We depend upon the Department of Community Development (DCD) to assist with the cultivation and analysis
of new approaches and ideas, especially when those new proposals are of an urgent planning nature. The PC
relies on DCD to provide community -based planning and analysis, it is critical that we fund additional DCD work
in the public interest in ways that are unattached to permit fees and are compatible with the Department's
everyday operations. We submit to you the following recommendations regarding which suggested text
amendments should be placed on the Final Docket:
Jefferson County Planning Commission Recommendations on Final Docket
2020 Comprehensive Plan & Unified Development Code Annual Amendment Cycle
2020 Suggested Text Amendments on Preliminary Docket
Through a motion and affirmative vote with seven (7) in favor and one (1) opposed, the Jefferson County
Planning Commission at their regular scheduled meeting of September 2, 2020, recommends the following
suggested amendments be placed on the 2020 Final Docket.
MLA20-00102 Comprehensive Plan Amendment to Reflect Revisions to the Port Hadlock Sewer Plan. The Jefferson
County Department of Public Works is revising the 2008 Port Hadlock Sewer Plan to plan a more cost-effective
sewer development approach within the Port Hadlock Urban Growth Area. It is expected that the revisions to the
2008 Port Hadlock Sewer Plan will be engineering and cost related. The revisions must be incorporated into the
Comprehensive Plan's Capital Facilities Element.
MLA19-00018. Jefferson County Planning Commission suggests an amendment to the Comprehensive Plan and
Unified Development Code (UDC) to rescind provisions of the Forest Transition Overlay (FTO).
MLA19-00019. Jefferson County Planning Commission, with a high priority advocates for an immediate review
and amendment ofJCC 18.20.295, Recreational Marijuana, addressing community concerns regarding land use
issues experienced with recreational marijuana production in rural residential zones. This proposed Amendment
received a strong community voice as well as considerable written communications during the Planning
Commissions August 19, 2020, Public Hearing.
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.
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." One might consider the Eco ADU (MLA19-00020) and Housing Element's Plan (MLA19-00023) being
coordinated with and inserted onto the Jefferson County / Port Townsend Housing Action Plan Network (HAPN).
Thank you for your consideration.
mel? Lael &7,ffll 09/16/20
michael nilssen (Sep 16, 2020 17:29 PDT)
Michael Nilssen, Chair Date
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JEFFERSON COUNTY
STATE OF WASHINGTON
IN THE MATTER OF ESTABLISHING I
THE 2020 COMPREHENSIVE PLAN } RESOLUTION NO.25-20
AMENDMENT DOCKET AND }
ESTABLISHING DEADLINES FOR }
LEGISLATIVE ACTION }
WHEREAS, on February 29, 2020, Governor Jay Inslee declared a State of Emergency in
all Counties in Washington State due to the public health emergency caused by the COVID-19
virus; and
WHEREAS, on March 10, 2020, the Jefferson County Health Officer issued a Public
Health Order to control and prevent the spread of the COVID-19 virus; and
WHEREAS, on March 16, 2020, the World Health Organization declared the outbreak of
COVID-19 to be a pandemic; and
WHEREAS, on March 16, 2020, the Jefferson County Board of Commissioners ("BoCC")
approved a Declaration of Emergency due to the COVID-19 Pandemic; and
WHEREAS, on March 23, 2020, Governor Jay Inslee signed a proclamation (20-25)
declaring that a State of Emergency continues to exist in all counties in Washington State due to
COVID-19; and that his prior proclamations are amended and superseded by proclamation to
impose a Stay Home — Stay Healthy Order throughout Washington State, which prohibits all
people in Washington State from leaving their homes or participating in social, spiritual and
recreational gatherings of any kind regardless of the number of participants, and all non -essential
business in Washington State from conducting business, within the limitations provided in
Proclamation 20-25; and
WHEREAS, on April 4, 2020, Governor Jay Inslee extended through May 4, 2020, his
Stay Home — Stay Healthy Order throughout Washington State; and
WHEREAS, on March 23, 2020, the BoCC approved a Resolution Adopting a Temporary
Policy for a Limited Period of Time to Grant "Emergency Paid Administrative Leave";
Authorize Telecommuting; and Authorize Sick Leave Advancement for employees due to the
COVID-19 Pandemic through April 24, 2020; and
WHEREAS, on April 13, 2020, the BoCC approved a Resolution Adopting a Second
Temporary County Policy Based on Emergency Response to the COVID-19 Pandemic
authorizing telecommuting, temporary expanded use of employer provided sick leave, temporary
sick leave advancement and expanded family and medical leave through May 4, 2020; and
1 of 4
WHEREAS, on March 23, 2020, the BoCC approved a Resolution Temporarily Limiting
Access to County Buildings and Offices Due to the COVID-19 Pandemic until April 24, 2020;
and
WHEREAS, on April 13, 2020, the BoCC approved a Resolution Extending the Order
Temporarily Limiting Access to County Buildings and Offices due to the COVID-19 Pandemic
through May 4, 2020 or for as long as the Governor's Stay Home — Stay Healthy Order is in
effect; and
WHEREAS, on March 24, 2020, Governor Jay Inslee signed a proclamation (20-28)
which temporarily prohibits in -person public attendance at meetings subject to the Open Public
Meetings Act and directs public agencies to conduct open public meetings through: (1)
telephonic access or electronic/internet means of remote access; and (2) provides the ability for
all persons attending the meeting to hear each other at the same time.
WHEREAS, Jefferson County has postponed non -urgent public meetings or has
transitioned to telephone or electronic/remote access meetings to comply with Governor Inslee's
Stay Home — Stay Healthy Order; and
WHEREAS, the Jefferson County Department of Community Development ("DCD") is
experiencing staffing impacts due to COVID-19, including the temporary reassignment of the
DCD Director for COVID-19 activities; and
WHEREAS, RCW 3 6.70A. 13 0(2)(a) and WAC 365-196-640(6)(a) require Jefferson
County to allow interested persons to suggest amendments to the Jefferson County
Comprehensive Plan or its development regulations during annual amendment cycles; and
WHEREAS, RCW 36.70A.130(2)(a) requires that local governments consider their annual
amendments, together, no more than one-time per year; and
WHEREAS, the Jefferson County Comprehensive Plan's Plan Foundation and Chapter
18.45 Jefferson County Code ("JCC") incorporates the requirement to allow interested persons to
suggest amendments to the Jefferson County Comprehensive Plan or its development regulations
during the annual amendment cycle; and
WHEREAS, Chapter 18.45 JCC establishes a preliminary and final docketing process for
the annual amendment cycle; and
WHEREAS, JCC 18.45.050 establishes a preliminary docket which requires the following
proposed amendments to be placed on the preliminary docket: (1) formal site -specific
amendments and (2) suggested text or site -specific amendments; and
WHEREAS, JCC 18.45.040 requires that suggested amendments be submitted to DCD no
later than March 1st of each year for consideration in the final docket; and
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WHEREAS, JCC 18.45.050(3) requires that applications for formal site -specific
amendments be automatically placed on the final docket, and DCD received one complete formal
site -specific application; and
WHEREAS, RCW 36.70A.070(3) requires that comprehensive plans contain a capital
facilities element, including a 6-year financing plan for capital facilities needed within the next
6-years; and
WHEREAS, Jefferson County is in the process of updating the Port Hadlock Sewer Plan,
including its 6-year financing plan; and
WHEREAS, revisions to the Port Hadlock Sewer Plan likely will require an amendment to
the Comprehensive Plan's Capital Facilities Element and DCD staff recommends that this docket
item be included in the 2020 final docket; and
WHEREAS, the revisions to the Port Hadlock Sewer Plan are critical to the economic
development and public health of Jefferson County and are critical to the implementation of the
Port Hadlock Urban Growth Area; and
WHEREAS, it is in the best interest of County residents and businesses to place the
revisions to the Port Hadlock Sewer Plan on the 2020 final docket; and
WHEREAS, the DCD Director has prepared a report pursuant to JCC 18.45.060,
recommending that only the one timely reported staff suggested amendment to the
Comprehensive Plan's Capital Facilities Element for the updated Port Hadlock Sewer Plan and
that the one timely formal site -specific application should be placed on the final docket for
consideration during the annual amendment process; and
WHEREAS, adoption of the final docket does not constitute a decision or
recommendation that the substance of any docket item should be adopted by the BoCC; and
WHEREAS, it is in the best interest of the County, considering COVID-19 and its impacts
on residents, businesses and DCD staff to suspend all remaining deadlines regarding the review,
recommendation and final adoption of 2020 docket items for DCD staff, Planning Commission
and BoCC;
NOW, THEREFORE, BE IT RESOLVED, by the Jefferson County Board of County
Commissioners that in response to the COVID-19 pandemic state of emergency, the 2020
Comprehensive Plan Amendment Cycle shall be revised as follows:
1. All deadlines in Chapter 18.45 JCC for the processing and adoption of 2020 docket
items, which occur after the adoption of this resolution, are suspended; and
2. The Planning Commission hearing, report and recommendation required by JCC
18.45.060(3) shall continue to be required before the BoCC takes action to adopt the
2020 final docket, to be further processed pursuant to JCC 18.45.070 and JCC 18.45.080;
and
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3. The Planning Commission shall consider recommending to the BoCC that only the staff
suggested amendment to the Comprehensive Plan's Capital Facilities Element for the
updated Port Hadlock Sewer Plan should be placed on the final docket's suggested
amendments for consideration during the 2020 annual amendment process, along with the
one formal site -specific application that automatically is on the final docket; and
4. Pursuant to JCC 18.45.050(3), the one timely formal site specific amendment shall
automatically be placed on the final docket; and
5. The BoCC shall take final legislative action on 2020 docket items by February 26, 2021,
unless extended by the BoCC consistent with WAC 365-196-640(3)(a).
APPROVED this 27th day of April, 2020
SEAL: l
ATTEST:
Carol Gallaway
Deputy Clerk of the Board
COUTNY
Greg Brbfherton, Chair
Dean, Member
David Sullivan, Member
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Regular Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of Commissioners
FROM: Linda Paralez, Acting DCD Director
DATE: April 24, 2020
RE: Modification of the Comprehensive Plan Docket Schedule in Chapter 18.45. JCC Due
to the COVED-19 Pandemic Emergency
STATEMENT OF ISSUE: Chapter 18.45 JCC contains a process for the annual Comprehensive
Plan docket (docket). Due to the COVID-19 pandemic emergency, that schedule cannot be met. The
Board of County Commissioners (BoCC) will consider adopting a resolution suspending deadlines in the
Chapter 18.45 JCC schedule for the docket, with required final Board of County Commissioners'
legislative action on 2020 docket items by February 26, 2021, unless extended by the BoCC consistent
with WAC 365-196-640(3)(a). In addition, because of the COVID-19 pandemic and related budget
issues, the docket should be limited.
ANALYSIS: On February 29, 2020, Governor Jay Inslee declared a State of Emergency due to the
COVID-19 pandemic. On March 24, 2020, Governor Inslee signed a proclamation (20-28) declaring that
a State of Emergency continues to exist in all Counties in Washington State due to COVID-19; and that
portions of RCW 42.30 and RCW 42.56 that require in -person meetings or contact are waived and
suspended until midnight on April 23, 2020. This has since been extended to May 4, 2020 and likely will
be extended again. This COVID-19 pandemic and the Governor's orders have severely impacted the
Jefferson County Department of Community Development (DCD) staffing schedules, including the need
to reassign the DCD director to be Jefferson County's COVID-19 Finance Section Chief, consistent with
the emergency powers granted by RCW 38.52.070(2). The pandemic and the Governor's orders also
creates major barriers to the public participation process required for considering Comprehensive Plan
amendments through the annual docket process. Accordingly, the schedule for the docket cannot be met.
A draft resolution is attached to: (1) suspend pending deadlines while retaining normal docket procedures;
(2) suggest limiting the items on the docket; and, (3) postpone the deadline for County Commissioner
final legislative action on the docket items until February 26, 2021 after a planning commission hearing.
FISCAL IMPACT: No significant impact.
RECOMMENDATION: Consider and adopt the attached resolution.
REVIEWED BY:
Philip Morley, mmis ra or
Date