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Home My WebLink About01-20-2021 PC Agenda PacketJefferson County Planning Commission MEETING AGENDA Virtual Meeting (no in-person attendance allowed per Gov. Inslee’s Proclamation 20-28) Phone-in information located at the bottom of this agenda January 20, 2021 P: 360-379-4450 621 Sheridan St. F: 360-379-4451 Port Townsend WA 98368 plancomm@co.jefferson.wa.us Regular Meeting 5:30pm Welcome (chair) and Overview Presentation  Call to Order/Roll Call  Approval of Agenda  Approval of previous Meeting Minutes  Planning Commissioner Updates  Director’s Update – New Planning Staff 5:35pm Observer Comment See Observer Comment Conduct, below. Regular Meeting Business  Comprehensive Plan Amendment Cycle Power Point Presentation, Update, Review and Process Schedule ........................ Austin Watkins, David Wayne Johnson 6:30pm Adjournment Thank you for coming and participating in your government at work! Observer Comment Conduct: When the Chair recognizes you to speak, please begin by stating your name and address. Please be aware that the observer comment period is … 1) An optional time period dedicated to listening to the public, not a question and answer session. The Planning Commission is not required to provide response; 2) Offered at the Chair’s discretion when there is time; 3) Not a public hearing – comments made during this time will not be part of any hearing record; 4) May be structured with a three-minute per person time limit. Virtual Meeting Phone-in Information: You can dial in using your phone by calling: +1 (646) 749-3122; Access Code: 883-126-605 Jefferson County Planning Commission MEETING MINUTES Virtual Meeting (no in-person attendance allowed per Gov. Inslee’s Proclamation 20-28) December 2, 2020 P: 360-379-4450 621 Sheridan St. F: 360-379-4451 Port Townsend WA 98368 plancomm@co.jefferson.wa.us Regular Business 5:30 pm Welcome (chair) and Overview Presentation • Call to Order/Roll Call District 1 District 2 District 3 Alen: Present Coker: Present Koan: Present Sircely: Present Smith: Present Richert: Present Hull: Present Nilssen: Present Llewelyn: Present • Approval of previous Meeting Minutes  Minutes for 11-04-2020 were approved. 8 yays; 0 nays; 1 abstention. Motions Motion # Motion 1st 2nd Yay Nay Abstain 1 I move to approve the 11-04-2020 minutes. Coker Koan 8 0 1 Observer Comment The Chair opened the floor to public comment and no one spoke. Regular Business • Shoreline Master Program Periodic Review Update – SMP Draft Revision ................................................................... David Wayne Johnson • Comprehensive Plan Amendment Cycle Update/ Review and Process Schedule ................................................... David Wayne Johnson 6:19 pm Adjournment • The next Planning Commission meeting is scheduled for 12/16/2020 at 5:30 pm virtually You can dial in using your phone by calling: +1 (646) 749-3122; Access Code: 883-126-605. These meeting minutes were approved this ____________ day of ___________________________, 2021. Richard Hull, Chair Nicole Allen, PC Secretary/DCD Office Coordinator 01/06/2021 4/1/2021 04/07/2021 7/1/2021 07/07/2021 ########10/06/2021 01/20/2021 04/21/2021 07/21/2021 10/20/2021 ####02/03/2021 5/1/2021 05/05/2021 8/1/2021 08/04/2021 ########11/03/2021 02/17/2021 05/19/2021 08/18/2021 11/17/2021 ####03/03/2021 6/1/2021 06/02/2021 9/1/2021 09/01/2021 ########12/01/2021 03/17/2021 06/16/2021 09/15/2021 12/15/2021 APPROVED PLANNING COMMISSION MEETING DATES 2021 Informational Brief - 2020 Comprehensive Plan Docket Presented by: Austin Watkins, Consultant for DCD David Wayne Johnson, Associate Planner - Lead Planning Commission Informational Brief -2020 Comp Plan Docket 1 Jefferson County Planning Commission Agenda •Current Status •Timeline •Overview of 2020 Docket Items Planning Commission Informational Brief -2020 Comp Plan Docket 2 Current Status •2020 Comprehensive Plan Amendment Docket Adopted by BoCC on October 26, 2020. •Planning Commission transmitted their 2020 Docket recommendations to BoCC on September 28, 2020. •Consultant contract for 2020 Docket approved by BoCC on November 11, 2020. •Usual dates for annual comprehensive plan amendment cycle suspended and replaced by BoCC due to on-going COVID-19 pandemic. •Consultant and Staff Work ongoing for: •Staff Report; •Recommendations; and, •SEPA Compliance Planning Commission Informational Brief -2020 Comp Plan Docket 3 Timeline •April 30, 2021 –BoCC to take final action on 2020 Docket items; •Feb 26, 2021 –Planning Commission to make final recommendations on 2020 Docket items; •Feb 24, 2021 –Planning Commission continued deliberations (if needed); •Feb 17, 2021 –Planning Commission deliberations; •Feb 10, 2021 –Planning Commission public hearing; and, •Feb 3, 2021 –2020 Docket Staff Report available Planning Commission Informational Brief -2020 Comp Plan Docket 4 2020 Docket Items •MLA19-00019 –Text Amendment to Marijuana Related Development Regulations; •MLA20-00116 –Text Amendment to Support Sewering Brinnon LAMIRD; •MLA20-00102 –Text Amendment to Support Port Hadlock Sewer; and, •MLA20-00039 –Site Specific Rezone from RR-10 to RR-5 Planning Commission Informational Brief -2020 Comp Plan Docket 5 MLA19-00019 -Background •Background - •Docket item to analyze potential changes to development regulations allowing marijuana production and processing facilities within rural residential zones. •Development regulations adopted in 2015 pursuant to I-502. •Marijuana production (grow) and processing facilities allowed as a conditional use in rural residential and forest resource zones. Allowed as a yes use in agricultural (processing requires a conditional use), rural industrial, and urban industrial zones. •Processing in rural residential and forest resource zones requires a cottage industry permit. Planning Commission Informational Brief -2020 Comp Plan Docket 6 MLA19-00019 –Background Cont. •All permanent or temporary production (grow) facilities in RR5 limited to 5% of gross parcel size, not to exceed 10,890 gsf. •All permanent or temporary production (grow) facilities in RR10, RR20, IF20, RF40, and CF80 limited to 5% of gross parcel size, not to exceed 21,780 gsf. •All processing facilities in RR5, RR10, RR20, IF20, RF40, and CF80 limited to 5,000 gsf under the cottage industry regulations. •All conditional use permit approval criteria (JCC 18.40.530(1)) must be met by applicant. Planning Commission Informational Brief -2020 Comp Plan Docket 7 MLA19-00019 –Background Cont. •Existing marijuana production and grow facilities in unincorporated Jefferson County: •Light Industrial (LI or LI/C) –7 marijuana facilities, all in the Glen Cove industrial area; •Rural Residential (RR5) –3 marijuana facilities (one is partially non- conforming, one is fully permitted, and one may or may not be no- conforming); •Agricultural (AP20) –1 marijuana facility; and, •Forest Resource (CF80) –1 marijuana facility. Planning Commission Informational Brief -2020 Comp Plan Docket 8 MLA19-00019 –Background Cont. •Economic Impact •$5.67 million in reported wholesale production and processing sales for Jefferson County (year to date numbers, Jan –Nov 2020); •Jefferson County ranks #25 out of WA’s 39 counties for wholesale production and processing sales (year to date numbers). •37% tax on the retail sales of marijuana products: •In FY20, Jefferson County received $49,049 as local tax revenue from retail marijuana sales; and •In FY20, the City of Port Townsend received $17,303 in local tax revenue from retail marijuana sales. Planning Commission Informational Brief -2020 Comp Plan Docket 9 MLA19-00019 –Background Cont. •Economic Impact Cont. •Breakdown of reported YTD wholesale marijuana production/processing sales by zoning districts: •66% Light Industrial; •19.2% Agricultural; •13% Forest Resource; and, •1.8% Rural Residential. Planning Commission Informational Brief -2020 Comp Plan Docket 10 MLA19-00019 –Background Cont. Planning Commission Informational Brief -2020 Comp Plan Docket 11 MLA19-00019 –Background Cont. •Jefferson County has received three applications for marijuana production and grow facilities in rural residential zones since the 2015 Ordinance. •There have been four public hearings on the three applications. •Only one application (Roger Hall –Discovery Bay area) was approved by the Hearing Examiner. •Two other applications were denied after lengthy public hearings due to the following concerns: •Noise impacts; •Residency requirements; •Odor impacts; •Water / Natural Resource impacts; and, •Community compatibility issues; etc. Planning Commission Informational Brief -2020 Comp Plan Docket 12 MLA19-00019 –Background Cont. •Cottage Industry Permit Requirement •Jefferson County requires a cottage industry permit for marijuana processing facilities in the rural residential and forest resource zones. •A cottage industry permit is authorized under GMA to allow rural residents the ability to use their residential property for small-scale businesses. •A cottage industry permit is a type of a LAMIRD (Type III). •Jefferson County’s cottage industry permit development regulations require full-time residency of the property. •WAC 314-5-015(5) prohibits new WSLCB licenses on locations where law enforcement cannot access without notice or cause. This includes personal residences. Planning Commission Informational Brief -2020 Comp Plan Docket 13 MLA19-00019 –Background Cont. •Forest Resource Impacts •GMA requires that counties protect their forest resource zoned lands. •Current regulations permit up to 26,780 gsf of production and processing facilities on forest resource lands as a conditional use. •This is a potential GMA compliance issue for Jefferson County. Planning Commission Informational Brief -2020 Comp Plan Docket 14 MLA19-00019 –Courses of Action •Proposed Courses of Action: 1.No action. 2.Narrowly tailored development regulations for marijuana production and processing facilities in rural residential and forest resource zones (e.g., minimum parcel size, increased setbacks, improved odor management plans, etc.) 3.Prohibition of marijuana production and processing in rural residential and forest resource lands. Allowable in rural industrial, urban industrial, and agricultural (processing still requires a conditional use in agricultural zones). Planning Commission Informational Brief -2020 Comp Plan Docket 15 MLA20-00116 -Background •Background – •Docket item to analyze potential comprehensive plan policy and development regulations to tee up sewering the Brinnon LAMIRD. •In 2016, the Dosewallips State Park built a sewer treatment plant in the Brinnon LAMIRD to correct failing on-site septic systems at the Dosewallips State Park. •The Dosewallips sewer was built with extra capacity and a routing through the Brinnon LAMIRD to allow for future hookups from LAMIRD properties. •Projected that 130 ERUs could be available in the Dosewallips sewer with minor improvements to the existing system •Jefferson County previously analyzed this topic and decided not to take action. Planning Commission Informational Brief -2020 Comp Plan Docket 16 MLA20-00116 –Background Cont. Planning Commission Informational Brief -2020 Comp Plan Docket 17 MLA20-00116 –Background Cont. •Brinnon is a Limited Area of More Intensive Rural Development (“LAMIRD”). •Type I LAMIRDs are isolated areas of more intensive development in rural areas. More intensive development usually includes commercial, residential, and industrial development that is at an intensity higher than rural areas. Usually these are village centers or similar rural centers. •Type I LAMIRDs must be fully contained and tightlined to existing development patterns. •Type I LAMIRDs may be served by existing sewers, but proposing a new sewer in a Type I LAMIRD is more complicated. Planning Commission Informational Brief -2020 Comp Plan Docket 18 MLA20-00116 –Background Cont. •GMA generally prohibits new sewers or sewer connections in rural areas. RCW 36.70A.110(4). •Sewers are an urban service and should be located within urban growth areas. •There are four exceptions when sewers may be located in a rural area. Planning Commission Informational Brief -2020 Comp Plan Docket 19 MLA20-00116 –Background Cont. Exceptions to sewers in rural areas: 1.Master Planned Resort or Major Industrial Development (not at issue here); 2.Necessary for the Protection of the Public Health and Environment; 3.Schools in Rural Area that Serve Both Urban and Rural Student Population; and, 4.Necessary Public Facility to Support a LAMIRD. Planning Commission Informational Brief -2020 Comp Plan Docket 20 MLA20-00116 –Exception 2 •“In general, it is not appropriate that urban governmental services be extended to or expanded in rural areas except in those limited circumstances shown to be necessary to protect basic public health and safety and the environment and when such services are financially supportable at rural densities and do not permit urban development”. RCW 36.70A.110(4). Planning Commission Informational Brief -2020 Comp Plan Docket 21 MLA20-00116 –Exception 2 Cont. •Exception 2 –Three factor test: 1.Necessary to Protect Public Health and Safety of the Environment; 1.Strict necessity test –Thurston Cnty v. Cooper Point Ass’n, 148 Wn.2d 1, 13, 57 P.3d 1156, 1162 (2002) (“Cooper Point”). 2.Must show that sewer is necessary to correct current public health and environmental issues. Under Cooper Point, must demonstrate that on-site solutions will not work. 3.Is not a “betterment” of the environment test. 2.Sewer services are financially supportable at rural densities; and, 3.Sewer services do not permit urban development Planning Commission Informational Brief -2020 Comp Plan Docket 22 MLA20-00116 –Exception 3 •Exception 3 -Schools in Rural Area that Serve Both Urban and Rural Student Population. •In 2017, the Legislature amended GMA to allow rural schools to be sewered if they serve both urban and rural student populations. RCW 36.70A.070(5)(d)(iv). •Since the Brinnon School District only serves a rural population, it is unclear if this this exception will allow the Brinnon School District to be sewered. Planning Commission Informational Brief -2020 Comp Plan Docket 23 MLA20-00116 –Exception 4 •Exception 4 -Necessary Public Facility to Support a LAMIRD. •“The rural element may allow for limited areas of more intensive rural development, including necessary public facilities and public services to serve the limited area”. RCW 36.70A.070(5)(d). •The Central Puget Sound Growth Management Hearings Board found a Pierce County comprehensive plan policy allowing LAMIRDs to be sewered if consistent with Countywide Planning Policies, as consistent with GMA. See Gain v. Pierce County, CPSGMHB, 99-3-0019, FDO at 8 (April 8, 2000). •“Providing sewer service to RAIDs [LAMIRDs] is explicitly permitted by the GMA.” Gain at 6. •Exception not directly addressed by WA courts. Planning Commission Informational Brief -2020 Comp Plan Docket 24 MLA20-00116 –Exception 4 Cont. •Any proposed policy or development regulations teeing up future sewering of the Brinnon LAMIRD must comply with the applicable Countywide Planning Policies. •Jefferson County has adopted a ”threat standard”. •“Urban services and facilities will not be extended beyond UGA boundaries unless needed to mitigate a threat to the public health or welfare, or to protect an area of environmental sensitivity. To avoid encouraging the spreading of urban development outside of UGAs, this policy shall apply only to threats caused by existing development and only those existing uses requiring service or facility to mitigate the threat will be allowed to hook up to any extended services.” Jefferson County CPP, Policy #2. Planning Commission Informational Brief -2020 Comp Plan Docket 25 MLA20-00116 –Exception 4 Cont. •Any proposed text will only ”tee up” future actions by creating a policy which allows LAMIRDs to be sewered when consistent with the CPPs. •Additional edits to narrative Comprehensive Plan text to align it with state law and CPPs. •Future work required to hookup any properties within the Brinnon LAMIRD to the Dosewallips Sewer, including: •Incorporating Dosewallips sewer into Capital Facilities Element; •Proving the “threat standard”; and, •Limiting extensions as required by the CPPs. •Note –these future actions are outside the scope of this docket item. Planning Commission Informational Brief -2020 Comp Plan Docket 26 MLA20-00102 -Background •Background - •Docket item to incorporate revised Port Hadlock Sewer Facility Plan into the Comprehensive Plan. •Updated Plan uses new pre-fabricated, modular MBR treatment units and a pressurized collection system to reduce initial project cost. •Zoning, population, and project phasing remain the same. •Revised (draft) Port Hadlock Sewer Facility Plan documents available at https://www.jeffersoncountypublichealth.org/1158/Port-Hadlock- Wastewater-System. Planning Commission Informational Brief -2020 Comp Plan Docket 27 MLA20-00102 –Background Cont. •GMA requires that jurisdictions adopt a reasonable 6-year financing plan for capital facilities. RCW 36.70A.070(3). •Currently, the Comprehensive Plan states that the Port Hadlock sewer will not be constructed within 6-years and does not include any required financial details. •Docket item will amend the Comprehensive Plan to align the 2020 Port Hadlock Sewer Facility Plan (costs and financing) and Capital Facilities Element. •6-year financing cost estimated at $22.15 million. •JCC 18.19.120 limits development within the Port Hadlock UGA to the rural transitional zoning until sewer is actually available at a property. Planning Commission Informational Brief -2020 Comp Plan Docket 28 MLA20-00039 –Background •Background - •Docket item for site specific rezone of approximately 22.51 acres from RR10 to RR5. •Located near Airport Cutoff Rd and Romans Rd (Adjacent to Woodland Hills neighborhood). •Ultimate goal is 4-lot subdivision. Development analyzed under a 4 single- family residential unit and a 4 accessory dwelling unit scenario. •Infill development, consistent with average homesite size in Woodland Hills. Planning Commission Informational Brief -2020 Comp Plan Docket 29 MLA20-00039 –Site Location Planning Commission Informational Brief -2020 Comp Plan Docket 30 MLA20-00039 –Existing Zoning Planning Commission Informational Brief -2020 Comp Plan Docket 31 MLA20-00039 –Mapped Critical Areas Planning Commission Informational Brief -2020 Comp Plan Docket 32 *Note -Mapped based upon Jefferson County GIS. This may or may not indicate actual critical areas. -Mapped non-fish bearing stream. SEPA Checklist indicates that the stream is not present. -Gray shading is critical aquifer recharge zone. Next Steps –Hearing and Meeting Dates •Proposed Public Hearing Date -Feb 10, 2021. •Action by Planning Commission for Public Hearing (Motion) date. •Proposed Deliberation Schedule: •Feb 17, 2021; and, •Feb 24, 2021., •Recommendations due to BoCC no later than Feb 26, 2021. Planning Commission Informational Brief -2020 Comp Plan Docket 33 Questions or Planning Commission Comments Planning Commission Informational Brief -2020 Comp Plan Docket 34