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Home My WebLink About11 2021 02 10 PC Public Hearing Brief V1Public Hearing Brief - 2020 Comprehensive Plan Docket Presented by: Austin Watkins, Consultant for DCD David Wayne Johnson, Associate Planner –Lead Robert Wheeler, Port Hadlock UGA Sewer Project Manager Planning Commission Public Hearing Brief -2020 Comp Plan Docket 1 Jefferson County Planning Commission February 10, 2021 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 9, 2020. •Usual dates for annual comprehensive plan amendment cycle suspended and replaced by BoCC due to on-going COVID-19 pandemic. •Staff Report, Recommendations, and Proposed Line in / Line out edits. •Ongoing work on State Environmental Policy Act and WA Commerce compliance documents. Planning Commission Public Hearing Brief -2020 Comp Plan Docket 2 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; and, •Feb 10, 2021 –Planning Commission public hearing. Planning Commission Public Hearing Brief -2020 Comp Plan Docket 3 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 UGA Sewer Facility Plan Update; and, •MLA20-00039 –Site Specific Rezone from RR-10 to RR-5. Planning Commission Public Hearing Brief -2020 Comp Plan Docket 4 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 Public Hearing Brief -2020 Comp Plan Docket 5 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 Public Hearing Brief -2020 Comp Plan Docket 6 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 Public Hearing Brief -2020 Comp Plan Docket 7 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 Public Hearing Brief -2020 Comp Plan Docket 8 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 Public Hearing Brief -2020 Comp Plan Docket 9 MLA19-00019 –Background Cont. Planning Commission Public Hearing Brief -2020 Comp Plan Docket 10 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 Public Hearing Brief -2020 Comp Plan Docket 11 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 Public Hearing Brief -2020 Comp Plan Docket 12 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. •Consistency with Surrounding Jurisdictions. Planning Commission Public Hearing Brief -2020 Comp Plan Docket 13 MLA19-00019 –Staff Recommendation 1.Incorporation of RCW 69.50.331(8), which requires at least a 1,000- foot buffer distance from certain uses, such as schools from marijuana production, processing, or retailing facilities; 2.Change marijuana production and processing from a conditional discretionary use in Rural Residential (RR1:5, RR1:10, and RR1:20) and Forest Resource (CF80, RF40, and IF40) zoned lands to a “no” use under JCC 18.15.040, Table 3-1; 3.Remove cottage industry performance standards for marijuana processing; Planning Commission Public Hearing Brief -2020 Comp Plan Docket 14 MLA19-00019 –Staff Recommendation Cont. 4.Continue to allow marijuana production and processing as “yes” use on the Rural and Urban Industrial (RBI, LI, LI/C, HI, and ULI) zoned lands; 5.Continue to allow marijuana production as a “yes” use on Agricultural (AP20 and AL20) zoned lands; and, 6.Continue to allow marijuana processing and retailing as a conditional discretionary use on Agricultural (AP20 and AL20) zoned lands. Planning Commission Public Hearing 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 Public Hearing Brief -2020 Comp Plan Docket 16 MLA20-00116 –Background Cont. Planning Commission Public Hearing Brief -2020 Comp Plan Docket 17 MLA20-00116 –Background Cont. Planning Commission Public Hearing Brief -2020 Comp Plan Docket 18 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 Public Hearing Brief -2020 Comp Plan Docket 19 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 Public Hearing Brief -2020 Comp Plan Docket 20 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 Public Hearing Brief -2020 Comp Plan Docket 21 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 Public Hearing Brief -2020 Comp Plan Docket 22 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 Public Hearing Brief -2020 Comp Plan Docket 23 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. However, there may be an application for the Chimacum School District. Planning Commission Public Hearing Brief -2020 Comp Plan Docket 24 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 Public Hearing Brief -2020 Comp Plan Docket 25 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 Public Hearing Brief -2020 Comp Plan Docket 26 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 Public Hearing Brief -2020 Comp Plan Docket 27 MLA20-00116 –Staff Recommendation •DCD staff recommends Exception #4 establishing a Comprehensive Plan policy and development regulation providing for a comprehensive sewer policy addressing: 1.Sewering rural areas under RCW 36.70A.110(4); 2.Sewering LAMIRDs; 3.Sewering rural schools serving urban and rural student populations; and, 4.Sewering essential public facilities in rural areas. •The Comprehensive Plan policy and development regulation will “tee up” this future work to implement sewers in rural areas. Planning Commission Public Hearing Brief -2020 Comp Plan Docket 28 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 Public Hearing Brief -2020 Comp Plan Docket 29 MLA20-00102 –Background Cont. •GMA requires: •An inventory of existing capital facilities owned by public entities, showing the locations and capacities of the capital facilities; •A forecast of the future needs of such capital facilities; •The proposed locations and capacities of expanded or new capital facilities; •At least a six-year plan that will finance such capital facilities within projected funding capacities and clearly identifies sources of public money for such purposes; and, •A requirement to reassess the land use element if probable funding falls short of meeting existing needs and to ensure that the land use element, capital facilities plan element, and financing plan within the capital facilities plan are coordinated and consistent. Planning Commission Public Hearing Brief -2020 Comp Plan Docket 30 MLA20-00102 –Background Cont. •Currently, the Comprehensive Plan states that the Port Hadlock sewer will not be constructed within 6-years and does not include any required financial or level of service details. •Docket item will amend the Comprehensive Plan to align the 2020 Port Hadlock Sewer Facility Plan (costs, financing, and level of service) and the Comprehensive Plan. •6-year financing cost estimated at $27.09 million. Planning Commission Public Hearing Brief -2020 Comp Plan Docket 31 MLA20-00102 –Staff Recommendation •Incorporate 2020 Port Hadlock UGA Sewer Facility Plan Update into Comprehensive Plan, including: •Level of service standard; •6-year financing plan; and, •Narrative updates. Planning Commission Public Hearing Brief -2020 Comp Plan Docket 32 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 Public Hearing Brief -2020 Comp Plan Docket 33 MLA20-00039 –Site Location Planning Commission Public Hearing Brief -2020 Comp Plan Docket 34 MLA20-00039 –Existing Zoning Planning Commission Public Hearing Brief -2020 Comp Plan Docket 35 MLA20-00039 –Mapped Critical Areas Planning Commission Public Hearing Brief -2020 Comp Plan Docket 36 *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. MLA20-00039 –Background Cont. •Background Cont.: •Access from both Romans Road (south) and Parkridge Dr (north); •Estimated Average Daily Trips from 4 SFRs/ADUs at 67 ADT. •SR19 is under capacity for this segment (16k ADT in 2016, capacity of 24K ADT, 21.38k ADT projected in 2038). •Subdivision and future development will require compliance with all county regulations, including critical areas, subdivision, and stormwater. •Consistency with Comprehensive Plan. Planning Commission Public Hearing Brief -2020 Comp Plan Docket 37 MLA20-00039 –Staff Recommendation •Recommendation of approval for the proposed site specific amendment (rezone) from RR10 to RR5. Planning Commission Public Hearing Brief -2020 Comp Plan Docket 38 Next Steps –Meeting Dates •Proposed Deliberation Schedule: •Feb 17, 2021; and, •Feb 24, 2021. •Recommendations due to BoCC no later than Feb 26, 2021. Planning Commission Public Hearing Brief -2020 Comp Plan Docket 39 Planning Commission Comments or Questions? Planning Commission Public Hearing Brief -2020 Comp Plan Docket 40