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HomeMy WebLinkAboutUDCtextamendmentproposal_GreenBurial_JeffersonLandTrust_20210301COMP PLAN AMEND APP.DOC REV. 01/2019 See JCC Chapter 18.45 DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street, Port Townsend, WA 98368 Tel: 360.379.4450 | Fax: 360.379.4451 Web: www.co.jefferson.wa.us/communitydevelopment E-mail: dcd@co.jefferson.wa.us SUPPLEMENTAL APPLICATION TEXT AMENDMENT PROPOSALS COMPREHENSIVE PLAN/UNIFIED DEVELOPMENT CODE Project/Applicant Name: MLA # For Comprehensive Plan amendments, applications must be completed and submitted to the Department of Community Development by March 1 of the current calendar year in order to be considered during this year’s amendment process. Completed applications that are received after March 1 will be placed on the preliminary docket for the following calendar year. Generally, applications for text amendments are proposals that broadly apply to the goals, policies and implementation strategies of the Comprehensive Plan. Applications for suggested UDC amendments may be considered on a rolling basis. Applications that are incomplete (i.e., that do not include all of the information required under the Jefferson County Code) will be returned to the applicant. Submittal Requirements 1. A completed Permit Application and all required Exhibits. 2. A completed and signed State Environmental Policy Act (SEPA) Checklist. 3. Any additional information deemed necessary by the Administrator to evaluate the proposed amendment. 4. Please prepare and label as “Exhibit A,” a description of the proposed text Comprehensive Plan/UDC amendment. Applications for such amendments that do not specify proposed uses and potential impacts are assumed to have maximum impact to the environment and public facilities and services. 5. Please prepare and label as “Exhibit B,” proposed amendatory language (i.e., to affected text of both the Comprehensive Plan and UDC) shown in “bill” format, with text to be added indicated with underlining (e.g., underlining), and text to be deleted indicated with strikeouts (e.g., strikeouts). 6. Please prepare and label as “Exhibit C,” a thorough explanation of how the proposed amendment, meets, conflicts with, or relates to the following inquiries (NOTE: Simple “yes” or “no” responses are unacceptable.) a. Is growth and development as envisioned in the Comprehensive Plan occurring faster or slower than anticipated, or is failing to materialize? b. Has the capacity of the county to provide adequate services diminished or increased; c. Is sufficient urban land designated and zoned to meet projected demand and need? d. Are any of the assumptions upon which the Jefferson County Comprehensive Plan is based no longer valid, or is new information available which was not considered during the adoption process or any annual amendments of the Jefferson County Comprehensive Plan? e. Does the proposed amendment reflect the current widely held values of the residents of Jefferson County? COMP PLAN AMEND APP.DOC REV. 01/2019 See JCC Chapter 18.45 f. Do changes in county-wide attitudes necessitate amendments to the goals of the plan and the basic values embodied within the Comprehensive Plan Vision Statement? g. Do changes in circumstances dictated a need for amendment? h. Do inconsistencies exist between the Comprehensive Plan and the GMA or the Comprehensive Plan and the County-wide Planning Policy for Jefferson County? Demonstrate that the following conditions are met (if applicable): i. The proposed text amendment meets concurrency requirements for transportation and does not adversely affect adopted level of service standards for other public facilities and services (e.g., sheriff, fire and emergency medical services, parks, fire flow, and general governmental services); j. The proposed text amendment is consistent with the goals, policies and implementation strategies of the various elements of the Jefferson County Comprehensive Plan; k. The proposed text amendment will not result in probable significant adverse impacts to the county’s transportation network, capital facilities, utilities, parks, and environmental features that cannot be mitigated, and will not place uncompensated burdens upon existing or planned service capabilities; l. In the case of a text amendment to the Land Use Map, that the subject parcels are physically suitable for the requested land use designation and the anticipated land use development, including, but not limited to, the following: (A) Access; (B) Provision of utilities; and (C) Compatibility with existing and planned surrounding land uses; m. The proposed text amendment will not create a pressure to change the land use designation of other properties, unless the change of land use designation for other properties is in the long -term best interests of the county as a whole; n. The proposed text amendment does not materially affect the land use and population growth projections that are the bases of the Comprehensive Plan; o. If within an unincorporated urban growth area (UGA), the propo sed text amendment does not materially affect the adequacy or availability of urban facilities and services to the immediate area and the overall UGA; p. The proposed amendment is consistent with the Growth Management Act (Chapter 36.70A RCW), the County-Wide Planning Policy for Jefferson County, any other applicable inter-jurisdictional policies or agreements, and any other local, state or federal laws. COMP PLAN AMEND APP.DOC REV. 01/2019 See JCC Chapter 18.45 7. Please provide an explanation of why the amendment is being proposed. (Attach additional sheets, if necessary.) The applicant hereby certifies that the statements contained in this application are true and provide an accurate representation of the proposed amendment; and the applicant(s) hereby acknowledges that any approval issued on this application may be revoked if any such statement is found to be false. Signature: Print Name: Date: Unified Development Code – Text Amendment Proposal - Green Burial on forest zoned land March 1, 2021 APPLICATION: TEXT AMENDMENT PROPOSAL FOR UNIFIED DEVELOPMENT CODE Project/Applicant Name: Green Burial Cemeteries on Forest Zoned Land/Jefferson Land Trust Contact: Erik Kingfisher, Stewardship Director – Office: 360-379 9501xt103; Mobile: 360-531-2294 – ekingfisher@saveland.org 1. Supplemental application 2. Exhibit A 3. Exhibit B 4. Exhibit C 5. Application Question #7: Why the amendment is being proposed Note: We’ve been advised that no SEPA checklist is required for this application for consideration on the preliminary docket, and can be provided when advanced to the final docket. Unified Development Code – Text Amendment Proposal - Green Burial on forest zoned land March 1, 2021 EXHIBIT A This application proposes a change to the UDC to allow green burial cemeteries on forest zoned land, consistent with Policy LU-P-29.4 of the Comprehensive Plan: Policy LU-P-29.4 Allow green burials in designated or accepting cemeteries and consider allowing green burial cemeteries consistent with Title 68 RCW, on forest zoned land greater than 20 acres in size with a conditional use permit. Unified Development Code – Text Amendment Proposal - Green Burial on forest zoned land March 1, 2021 EXHIBIT B As stated in Exhibit A, Jefferson County has already moved toward enabling green burial by including Policy LU-P- 29.4 in the 2018 Comprehensive Plan [p.1-111]: "Policy LU-P-29.4 Allow green burials in designated or accepting cemeteries and consider allowing green burial cemeteries consistent with Title 68 RCW, on forest zoned land greater than 20 acres in size with a conditional use permit." This policy also supports the Environmental Considerations in Chapter 5 [p.5-2] of the Comprehensive Plan, including : "reduction of greenhouse gas emissions and addressing climate change" and "environmentally friendly development techniques" that "benefit overall ecosystem vitality and biodiversity while aiding ecological restoration and adapting to climate disruption" [p.5-6]. A change to the UDC to allow green burial cemeteries on forest zoned land directly responds to this County Policy in the Comprehensive Plan The following are two minor proposed land use code changes that could help fulfill the Comprehensive Plan language/policy: Change the land use code from a “no” cemeteries or prohibited use in the Forest zone, to a “C(d)” use, and change JCC 18.20.110(3) to read, “A protective fence and landscaped strip of trees and shrubs at least 10 feet in width shall be installed on all common property boundary lines, except for parcels zoned Forest land greater than 20 acres and approved with a conditional use permit.” Also, a change to JCC 18.20.110(6) to read: “Graves shall be located a minimum of 15 feet, and 100 feet for Forest zoned property, from any property line,” under the assumption that 100 feet of forest land provides an adequate buffer from other properties that may not be zoned Forest. Unified Development Code – Text Amendment Proposal - Green Burial on forest zoned land March 1, 2021 EXHIBIT C a. Is growth and development as envisioned in the Comprehensive Plan occurring faster or slower than anticipated, or is failing to materialize? Growth in the county appears to be growing consistent with that envisioned in the Comprehensive Plan, and by the state Office of Financial Management. Growth rates are anticipated to increase in the coming decades, not only with overall population growth, but with climate migration and incoming retirees as well. b. Has the capacity of the county to provide adequate services diminished or increased; Unknown, though this proposal does not appear to relate to an increased or diminished capacity of the county to provide adequate services. c. Is sufficient urban land designated and zoned to meet projected demand and need? N/A - This proposed UDC change would only affect forest zoned lands outside urban land designated and zoned to meet projected commercial/residential zoned lands for urban growth. d. Are any of the assumptions upon which the Jefferson County Comprehensive Plan is based no longer valid, or is new information available which was not considered during the adoption process or any annual amendments of the Jefferson County Comprehensive Plan? The Comprehensive Plan encourages consideration of this UDC change e. Does the proposed amendment reflect the current widely held values of the residents of Jefferson County? It does appear to be consistent with widely held values of the residents of Jefferson County, which is reflected in the Comprehensive Plan language, and in the communications the Land Trust has engaged in throughout the county on this topic. While not Jefferson County specifically, a 2018 survey of 1700 people by the People's Memorial Association in Seattle found that green burial was the preferred option for 18% of respondents, and another 49% of respondents would consider green burial. f. Do changes in county-wide attitudes necessitate amendments to the goals of the plan and the basic values embodied within the Comprehensive Plan Vision Statement? No – the Comprehensive Plan already encourages this as a consideration. g. Do changes in circumstances dictated a need for amendment? No amendment to the Comprehensive Plan is needed; this proposed UDC change would be an effort to align the UDC with the values expressed in the Comprehensive Plan. h. Do inconsistencies exist between the Comprehensive Plan and the GMA or the Comprehensive Plan and the County-wide Planning Policy for Jefferson County? The Comprehensive Plan encourages consideration of this particular UDC change, and this UDC change otherwise appears consistent with the GMA and policies of Jefferson County. Unified Development Code – Text Amendment Proposal - Green Burial on forest zoned land March 1, 2021 i. The proposed text amendment meets concurrency requirements for transportation and does not adversely affect adopted level of service standards for other public facilities and services (e.g., sheriff, fire and emergency medical services, parks, fire flow, and general governmental services); This proposed UDC change will possibly result in some forestry-zoned land functioning as both forestland, and as a green burial ground. This additional function of certain lands will change the number of visitors/users of the property in most cases. Under a conditional use permit each proposed green burial ground in the future on forest- zoned land could be analyzed to determine the level of possible changes to concurrency requirements or level of service standards. j. The proposed text amendment is consistent with the goals, policies and implementation strategies of the various elements of the Jefferson County Comprehensive Plan; Yes, the Comprehensive Plan encourages consideration of this proposed change. Jefferson County has already moved toward enabling green burial by including Policy LU-P-29.4 in the 2018 Comprehensive Plan [p.1-111]: "Policy LU-P-29.4 Allow green burials in designated or accepting cemeteries and consider allowing green burial cemeteries consistent with Title 68 RCW, on forest zoned land greater than 20 acres in size with a conditional use permit." This policy also supports the Environmental Considerations in Chapter 5 [p.5-2] of the Comp Plan, including : "reduction of greenhouse gas emissions and addressing climate change" and "environmentally friendly development techniques" that "benefit overall ecosystem vitality and biodiversity while aiding ecological restoration and adapting to climate disruption" [p.5-6]. A change to the land use code for this purpose directly responds this County Policy in the Comprehensive Plan k. The proposed text amendment will not result in probable significant adverse impacts to the county’s transportation network, capital facilities, utilities, parks, and environmental features that cannot be mitigated, and will not place uncompensated burdens upon existing or planned service capabilities; Adverse impacts to county services are not anticipated, and no change in development density would result from this change. Each proposed green burial on forest zoned land could presumably be evaluated for their potential impact to services under a conditional use permit process. l. In the case of a text amendment to the Land Use Map, that the subject parcels are physically suitable for the requested land use designation and the anticipated land use development, including, but not limited to, the following: (A) Access; (B) Provision of utilities; and (C) Compatibility with existing and planned surrounding land uses; This proposal is for a change to the UDC. m. The proposed text amendment will not create a pressure to change the land use designation of other properties, unless the change of land use designation for other properties is in the long-term best interests of the county as a whole; Unified Development Code – Text Amendment Proposal - Green Burial on forest zoned land March 1, 2021 Nothing in the proposed text amendment appears to create pressure on other land use designations. This proposed text amendment will strengthen the ability for forest zoned land to stay forest land, and it would not create pressure for subdividing parcels. n. The proposed text amendment does not materially affect the land use and population growth projections that are the bases of the Comprehensive Plan; The proposed text amendment appears consistent with the projections, and is consistent with the values and language of the Comprehensive Plan. o. If within an unincorporated urban growth area (UGA), the proposed text amendment does not materially affect the adequacy or availability of urban facilities and services to the immediate area and the overall UGA; N/A – this proposal would only affect forest-zoned lands, which are outside of UGA’s. p. The proposed amendment is consistent with the Growth Management Act (Chapter 36.70A RCW), the County-Wide Planning Policy for Jefferson County, any other applicable inter-jurisdictional policies or agreements, and any other local, state or federal laws. The proposed amendment is consistent with the Comprehensive Plan, which has been reviewed for consistency with these relevant public policies. Each proposed green burial site, if the proposed changes are adopted, could be individually reviewed for their consistency with policies during the conditional use permit process. Unified Development Code – Text Amendment Proposal - Green Burial on forest zoned land March 1, 2021 WHY THE AMENDMENT IS BEING PROPOSED Jefferson Land Trust, a local non-profit conservation organization, has been investigating the concept of Green Burial for about a decade, and is interested in a possible land use code change that would help facilitate more opportunity for such options in Jefferson County. The Land Trust considers Green Burial an endeavor that could benefit both current and future generations, and is consistent with the Land Trust's mission of helping the community preserve open space, working lands and habitat forever. Green burial is an alternative that significantly reduces the environmental impacts resulting from conventional burial and cremation. Green burial on forest-zoned land has the potential to restore and conserve land, and represents an opportunity for our death care choices to have a real, positive contribution to our environment, rather than just minimizing the negative impact. Under current code, cemeteries in Jefferson County are limited to areas of Rural Residential zoning. Experienced operators suggest that a green burial cemetery needs to be at least 40 acres to have long-term viability, and as a county with a primarily forested land base, forest-zoned lands are the most appropriately sized and situated for green burial cemeteries. Current options for green burial within Jefferson County (and perhaps the entire Olympic Peninsula) appear to be limited to resident members of the Quilcene Cemetery District. A Peoples Memorial Association survey in 2018 demonstrated a growing preference for green burial over conventional burial or cremation in the Puget Sound region. The Washington Legislature's 2019 adoption of SB 5001, revising Section 68 of the RCW to permit alkaline hydrolysis and 'natural organic reduction', or composting, of human remains also demonstrates a growing interest in, and commitment to, more environmentally-friendly disposition of our remains. Jefferson County's demographics show us as the oldest county in the state with a median age of 58 (WA state median age is 37.3 years of age), and about one third of our population over 65 years of age, which further indicates that the need for burial alternatives is evident. It takes time to raise capital, set up a business, identify property, meet appropriate and necessary County requirements for permitting, obtain cemetery licenses, raise public awareness of new burial options, and get established. This process cannot begin until County rules make a green burial cemetery possible, in a size and location that is viable. What we now call green burial was standard practice through much of human history, and there is a growing demand in this county for greener choices for after-death arrangements. Jefferson Land Trust staff and individual board members have received numerous and increasing inquiries from community members as to what the green burial options are in Jefferson County (of which there are virtually none for most people), and whether a green burial cemetery could be a possibility. The demographics and observed demand in our region indicate that green burial would be a successful endeavor in Jefferson County. It presents an opportunity to provide multiple community and environmental benefits for generations, including: - environmental protection and restoration that can support carbon sequestration and resilience with climate change - help meet a growing demand for end-of--life arrangements that minimize environmental impacts - provide opportunities for entrepreneurship and local jobs in services that are presently only available (with the exception of resident members of the Quilcene Cemetery District) outside of Jefferson County.