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HomeMy WebLinkAbout102620_ra03 Regular Agenda 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: October 26,2020 SUBJECT: Continued deliberations and final BoCC action to determine the Final Docket of the 2020 Annual Comprehensive Plan Amendment Cycle. 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: Pursuant to county code JCC 18.45.060(4), a duly noticed public hearing was held on October 19, 2020 to take verbal and consider written public testimony on whether the Board of County Commissioners will adopt the Jefferson County planning commission' s recommended final docket of five suggested amendments to Jefferson County's Comprehensive Plan, including consideration by the County Commissioners whether to add or subtract suggested amendment items from the planning commission' s recommended final docket. Though the public hearing portion was completed, the BoCC requires additional time during this meeting to deliberate and take action to determine and adopt a final docket for the 2020 annual Comprehensive Plan Amendment cycle. ANALYSIS: The Commissioners stated at the regular session Board of County Commissioners meeting on September 28, 2020, and also during deliberations on October 19, 2020, that they will likely add to the recommended final docket the Brinnon Subarea Wastewater Treatment Development Regulations which was part of the preliminary docket, and also consider the Planning Commission recommendation of 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. The Regular Agenda 10:30am BoCC is also likely to remove from the recommended final docket MLA19-00018 to rescind provisions of the Forest Transition Overlay zone, MLA 19-00020 new regulations using " Eco ADU" for Accessory Dwelling Units, and MLA19-00023 adding a work item to the Housing Element' s Action Plan. Note that all deadlines under JCC 18.45 for adoption of the final docket were suspended by adoption of Resolution No. 25-20 (attached), which also requires BoCC take final legislative action on the final 2020 docket by February 26, 2021. DCD recommends that only one (1) suggested Comp Plan Amendment(MLA20-00102) to update the Port Hadlock Sewer Capital Facilities plan be included in the final docket, along with one (1) site specific amendment (MLA20-00039), which is automatically included in the final docket per JCC 18.45.050(3). DCD's recommendation is based upon guidance from Resolution 25-20, staffing levels and capacity, time lost due to the COVID19 pandemic, and time remaining to complete the P Y� amendment cycle before BoCC final action in February 2021. A potential scope for review and amendment of JCC 18.20.295 Recreational Marijuana is to develop a focused workplan that looks at changing RR1:5 zone from conditional use to not allowed. With the Brinnon Subarea Wastewater Treatment Development Regulations the narrow focus work would identify those properties that Environmental Health determines could/should hook up to the Dosewallips State park's wastewater treatment facility, addressing failing septic systems. GMA does allow sanitary sewer infrastructure in rural areas if it is to abate an environmental problem, does not induce sprawling development, and is affordable by the community that it serves. This docket item would address requirements of GMA to allow limited service by the Park system. The most significant challenge to completion of these two additional docket items between now and February is the ability to adequately conduct the required public process. Fortunately, many of the technical issues for both docket items are well researched and understood by staff, the planning commission and many citizens of Jefferson County. However, we are still required to conduct the work in an open and transparent way. The following graphic illustrates a `typical' docket process for a site specific change that was scheduled over seven months. June July August Sept October November December Workplan Staff report Planning PC hearing PC workshop PC Adopt Commission and public and recommendations ordinance comment deliberations to BoCC,BoCC hearing and public comment (if needed)Direct DCD to write ordinance A proposed timeline for both additional docket items (assumes no significant public concerns or issues with these narrowly scoped docket items): Regular Agenda 10:30am November December January February Scoping Complete work Planning Commission Planning Commission Workplan Staff Report Drafts workshop(s),potential recommendations Consultant Hire(s) Coordinate with David hearings and comment BoCC adopt on other Docket items Final Staff Report recommendations for all elements docket items FISCAL IMPACT: Fiscal impacts differ by docket item, depending on how the work will be accomplished. Each docket item will involve consulting support, additional administrative staffing and/or additional planning staff time possibly needing additional financial support from the general fund or other funds. Estimated costs for including each docket item are listed below. • Hadlock Sewer- $5,200 + ($65,000 prior cost—revised sewer plan) - Sewer Fund cost • Marijuana- $15,000 ($7,500 consulting+ $7,500 planning & admin staff) • Forest Transition Overlay - $11,800 • Eco EDU - $42,600 • Housing Innovative Tech - $14,600 • Brinnon Sub-area - $12,500 To the extent these cost estimates involve general fund supported activities at a level that exceeds the staffing and budget already supported by the General Fund, they will be legally restrained from using staff and budget paid for by permit revenues. Because of the very tight timeline for the work, additional overtime, administrative and meeting costs may be incurred. Consequently, the Board may be asked to appropriate additional General Fund transfer dollars to support that work. RECOMMENDATION: Continue deliberations on the Planning Commission's report and recommendation of the 2020 final docket and previous deliberations, and make a motion to adopt a final 2020 Comprehensive Plan Amendment Docket based upon those deliberations. If added, limit any additional docket items to be very narrowly scoped, focused around analysis and work mostly completed by staff. To the extent possible, streamline the public process through planning commission and Board of County Commissioners. Draft Motion: Review and amendment of JCC 18.20.295 Recreational Marijuana develop a focused workplan that looks at changing RR1:5 zone from conditional use to not allowed. Review and amendment of the Brinnon Subarea Wastewater Treatment Development Regulations to identify those properties that Environmental Health determines could/should hook up to the Dosewallips State park's wastewater treatment facility, addressing failing septic systems. This docket item would address requirements of GMA to allow limited service by the Park system. Regular Agenda 10:30am VI 13 /061/2 ilip Morley, rsti ""' Date �¢gON �o JEFFERSON COUNTY w G� PLANNING COMMISSION 621 Sheridan Street I Port Townsend, WA 98368 360-379-4450 1 email: PlanComm@co.jefferson.wa.us 9ghINGt� http://www.co.jefferson.wa.us/580/Planning-Commission 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 Vt deadline for inclusion on the preliminary docket and those items were not initially included on the docket. After the August 5th PC meeting, and prior to the PC Public Hearing of August 19th, 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 Overly 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 placement 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 of JCC 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. �t��l�ct2G&�19—If 09/16/20 michael nilssen (Sep 16, 2020 17:29 PDT) Michael Nilssen, Chair Date SON co JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT ti 'C 621 Sheridan Street I Port Townsend, WA 98368 o� 360-379-4450 1 email: dcd@co.jefferson.wa.us YS�ING.S http://www.co.jefferson.wa.us/260/Community-Development 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 1st. 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 1st 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 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 Staffs 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 18.451CC 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 (11111:5) 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 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. 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. IVILAI9-00019. 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. IVILA19-00020. 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 cr-1w. 1 f�74 C� 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 2 of 4 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 3 of 4 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 4 of 4 COUTNY Greg Brbfherton, Chair Dean, Member David Sullivan, Member 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