HomeMy WebLinkAbout051021_ra01 Regular Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Mark McCauley, Interim County Administrator
FROM: Austin Watkins, Interim Director, Community Development
David Wayne Johnson, Associate Planner Lead, Community Development
DATE: May 10, 2021
SUBJECT: Transmittal of the Planning Commission's Recommendation of the 2021
Comprehensive Plan Amendment Cycle Final Docket and Potential Action
on the on the 2021 Comprehensive Plan Amendment Cycle Final Docket
STATEMENT OF ISSUE:
The Jefferson County Planning Commission has completed its review of the 2021
Comprehensive Plan Amendment Cycle Preliminary Docket per JCC 18.45.060(3) and
transmits their recommendation on the 2021 Final Docket to the Board of County
Commissioners ("BoCC") for their consideration and potential action.
The BoCC may adopt the Planning Commission's recommendation on the 2021 Final Docket
without a public hearing. However, if the BoCC wants to add or subtract from the Planning
Commission's recommendation on the 2021 Final Docket, the BoCC must hold their own
public hearing prior to action.
ANALYSIS:
On April 21, 2021, The Jefferson County Planning Commission ("PC") held a public hearing
take public testimony, deliberate, and vote on a recommendation to the BoCC regarding what
suggested text amendments should be placed on the 2021 Final Docket for the 2021 Comp
Plan Amendment Cycle (attached). The PC recommendation was informed in part by a DCD
Staff Recommendation and Analysis which included one site-specific (mineral resource
overlay) amendment MLA21-00019, which is automatically placed on the 2021 Final Docket,
and one suggested amendment for"green burials" MLA21-00018. Staff recommended
inclusion of the two amendments in the 2021 Final Docket contingent upon adequate staffing
to process the green burial suggested text amendment. DCD does not collect application fees
for suggested text amendments, unlike site-specific amendments where the applicant pays for
DCD staff time.
Regular Agenda
Pursuant to JCC 18.45.060(4), the BoCC is required to review and consider the PC
recommendation, and either adopt the PC's recommendation for the 2021 Final Docket or in
the event that a majority of the BoCC decides to add or subtract suggested amendments, hold a
public hearing regarding the 2021 Final Docket. If a BoCC public hearing is held,the BoCC
then deliberates and takes final action on which suggested text amendments should be included
in the 2021 Final Docket.
Attachments:
• Planning Commission 2021 Final Docket Recommendation
• 2021 DCD Prelim Docket Admin Report
• 2021 Comp Plan Cycle Prelim Docket
FISCAL IMPACT:
Permit application fees cover the costs to process the site-specific amendment,MLA21-00019.
DCD does not collect fees for suggested text amendments. Suggested text amendment work is
paid for from general fund appropriations. DCD staff analyzed the likely costs to process the
green burials suggested text amendment, MLA21-00018, and estimated its cost as:
Cost:
• Estimated level of effort: 60 hours
• Estimated cost: $5,820 =60 hours @ $97.00 DCD Staff time
or
• $8,400.00 (60 hours @ $140 (low end, $200 high end)per hour consultant services and
$300 in prorated administrative costs, such as printing and legal ads)
If the suggested text amendment is placed on the 2021 Final Docket, DCD requests
supplemental budget authority to support the suggested amendment docket work. DCD relies
on a combination of on-going general fund,project specific general fund, and grant dollars to
support all long-range planning work.
RECOMMENDATION:
Consider the Planning Commission's April 22, 2021 recommendations regarding the 2021
Final Docket and then:
1. Make a motion to adopt the Planning Commission's recommendations for the 2021
Annual Amendment Cycle Final Docket and establish the 2021 Final Docket,
contingent upon additional staff funding to process the docket; or,
2. Make a motion that changes the Planning Commission's recommendations by adding
or subtracting suggested text amendments from the Planning Commission's
recommendation and that directs the Department of Community Development to
prepare a hearing notice for future BoCC approval.
Regular Agenda
REVIEWED BY:
Mark McCau1 Interim County A nistrator ate
4ti0% ,f� JEFFERSON COUNTY
�` 'f PLANNING COMMISSION
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2621 Sheridan Street I Port Townsend, WA 98368
i�. -- 360-379-4450 I email:PlanComm@co.jefferson.wa.us
http://www.co.jefferson.wa.us/580/Planning-Commission
TO: Jefferson County Board of Commissioners
FROM: Jefferson County Planning Commission
DATE: April 22,2021
SUBJECT: Jefferson County Planning Commission's Report and Recommendation for the
2021 Comprehensive Plan Amendment Final Docket
The Jeffers
on County Planning Commis
sion (PC) has conducted its review of the 2021 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, as outline by DCD staff in their review
and recommendation (attached).
We depend upon the DCD to assist with the cultivation and analysis of new approaches and ideas, especially
when those new proposals are of an urgent planning nature. Because we rely on the department 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.
On April 21, 2021 the Planning Commission held a duly noticed public hearing to accept testimony regarding the
suggested text amendments on the Preliminary Docket. No written comments were received from the public
prior to,and no verbal testimony was taken during the public hearing which ended at 6:00pm April 21, 2021.
We submit to you the following recommendations regarding which suggested text amendments should be
placed on the final Docket:
2021 Suggested Text Amendments on Preliminary Docket
Through a motion and affirmative vote with seven(7)in favor and zero(0) opposed, and zero(0)abstaining,
the Jefferson County Planning Commission at their regular scheduled meeting of April 21,2021,recommends
the following suggested amendment be placement on the 2021 Final Docket.
MLA21-00018
Applicant:Jefferson Land Trust
TYPE V UDC TEXT AMENDMENT-GREEN BURIALS.This application proposes a change to the Unified
Development Code (UDC)to allow green burial cemeteries on forest zoned land, consistent with Policy LU-P-
29.4 of the Comprehensive Plan.
1
Jefferson County Planning Commission Recommendations on Final Docket
2020 Comprehensive Plan&Unified Development Code Annual Amendment Cycle
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.
Proposed UDC text amendment:
Change the land use table JCC 18.15.040 Categories of Land Use from a"no"cemeteries or prohibited use in the
Forest zone,to a"C(dl" conditional use,and change JCC 18.20.110(3)to include underlined text: "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 include underlined text:"Graves shall be located a minimum of 15 feet,
and 100 feet for Forest zoned property,from any property lines," under the assumption that 100 feet of forest
land provides an adequate buffer from other properties that may not be zoned Forest.
Thank you for your consideration.
1/21/ (
Richard Hull,Chair Date
2
�50h c, JEFFERSON COUNTY
L DEPARTMENT OF COMMUNITY DEVELOPMENT
621 Sheridan Street I Port Townsend,WA 98368
4- 360-379-4450 I email: dcd@co.jefferson.wa.us
's�"I NC;t`, http://www.co.jefferson.wa.us/260/Community-Development
2021 Comprehensive Plan and UDC Text Amendment Preliminary Docket
TO: The General Public
FROM: Department of Community Development(DCD)
DATE: March 12, 2021
Pursuant to JCC 18.45.050(2) Compilation of Preliminary Docket, by the end of the second full business
week of March of each year,the Administrator shall maintain for public review the annual list of suggested
amendments made by citizens,the Board of County Commissioners(BoCC)or members of the BoCC, County
Staff, County Departments or other agencies.
At its regularly scheduled meeting of March 3, 2021,the Planning Commission (PC)discussed and
declined to suggest any amendments to the 2021 docket. Instead,they agreed to work to refine and ready the
following two recommended amendments from the 2019—2020 dockets, during any available 2021 PC regular
scheduled, and/or duly noticed sub-committee meetings:
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).
DCD received one suggested and one site specific amendment by the March 1st deadline and which
constitute the 2021 Preliminary Docket.The first is a UDC text amendment to add development regulations for
green burials:
M LA21-00018
Applicant:Jefferson Land Trust
TYPE V UDC TEXT AMENDMENT-GREEN BURIALS.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:
Page 1 of 2
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.
The site-specific amendment application is for a Comprehensive Plan Amendment to create a Mineral
Resource Overlay for future mining of sand and gravel:
MLA21-00019
Applicant: Miles Sand and Gravel
TYPE V COMPREHENSIVE PLAN AMENDMENT-MINERAL RESOURCE OVERLAY.The Applicant requests an
amendment to the Jefferson County Comprehensive Plan and Zoning Map to include land for Mineral Resources
Land (MRL) overlay. MRL is used to"overlay"or designate the property as a mineral resource extraction area as
an interim use.The underlying land use designation of Commercial Forestry(CF80)would still exist,and forestry
would remain the subsequent use after mineral resource extraction and reclamation are complete.The
amendment to the Jefferson County Comprehensive Plan and Zoning Map would allow the Applicant to seek the
project-specific approvals for mineral resource extraction.The MRL overlay designation in this proposal will add
approximately 200 acres to MRL overlay designated property at the locations shown on the map exhibits.The
geographic area proposed for addition to the MRL overlay is located in the vicinity of existing MRL overlay areas,
where there is an existing mineral extraction facility. Properties surrounding the proposed MRL overlay area are
in forestry use. Future uses of the proposed MRL overlay,on an interim basis, are expected to include sand and
gravel extraction and processing,which will coincide with existing forestry uses on areas not being actively
mined.The proposed MRL overlay area is owned by Rayonier. Mineral resource extraction and associated
activities within this area will be conducted by Miles Sand &Gravel Company.
Pursuant to JCC 18.45.050(3)the site-specific amendment MLA21-00019 shall be automatically placed
on the final docket for processingduringthe 2021 amendment cycle.
Y
Further information on the applications, process or access to application materials are available by
contacting David Wayne Johnson, Long Range Planner at:dwiohnson@co.iefferson.wa.us by calling 360-379-
4465, or at this link:
Page 2 of 2
K4�c,ON (, JEFFERSON COUNTY
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DEPARTMENT OF COMMUNITY DEVELOPMENT
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621 Sheridan Street I Port Townsend,WA 98368
1.1 _ 360-379-4450 I email:dcd@co.jefferson.wa.us
http://www.co.jefferson.wa.us/260/Community-Development
Department of Community Development's Review and Recommendation
2021 Comprehensive Plan Amendment Cycle Preliminary Docket
TO: Jefferson County Board of Commissioners, County Administrator, Planning Commission, and
Interested Parties
FROM: Department of Community Development
DATE: April 13,2021
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, overlays) 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 annual cycle's docket until March 1st. In addition, DCD submits staff
suggested amendments for potential inclusion on the final docket.
For the 2021 annual amendment cycle, DCD received one complete application from Miles Sand and
Gravel for a "Mineral Resource Land Overlay" (MRLO)to expand their current mining operations. The MRLO is
considered a site-specific amendment and is automatically place on the final docket for processing during the
annual cycle per JCC 18.45.050(3). DCD also received one complete application for a UDC Text Amendment from
the Jefferson Land Trust for"Green Burials", an alternative to conventional cemeteries. DCD staff suggested no
amendments and no suggested amendments were received from the Planning Commission (PC), Board of
County Commissioners (BoCC), or other interested parties by the March 1st deadline.
Chapter 18.45 of the JCC requires that the preliminary docket be reviewed by DCD,the PC,and the
Jefferson County BoCC prior to inclusion on 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 PC for their review of the preliminary docket.
After a public hearing,the PC makes a recommendation to the BoCC on which proposed amendments should be
included in the final docket. If the BoCC decides to change the PC's recommendation by adding, deleting,or
modifying proposed docket items,they are required to hold a separate public hearing prior to the adoption of
the final docket. Once the final docket is adopted by the BoCC, DCD Staff processes the proposed amendments
consistent with the timeline below.
Page 1 of 5
Figure 1-Process and Proposed Timeline for Establishing and Processing the Docket
Date Activity
March 1, 2021 Deadline for submittal of proposed Comp Plan and UDC text Amendments for the
preliminary docket per JCC 18.45.040(2)(a).
March 12, 2021 Staff prepares a formal Preliminary Docket of proposed amendments(attached) perJCC
18.45.050.
April 7, 2021 Staff presents the Preliminary Docket to the Planning Commission and briefs them on
the annual Comp Plan cycle and the docket process.
April 21, 2021 The Planning Commission holds a public hearing on the Preliminary Docket and crafts a
recommendation to the BoCC on what should be the final docket.
May 10, 2021 Staff presents the Preliminary Docket and Planning Commission Recommendation to the
BoCC.
June, 2021 The BoCC adopts a Final Docket should they accept the PC's recommendation, or after
they hold a public hearing should they choose to change the recommendation.
July—Sept, 2021 Staff processes docket by review,analysis and produces a report with a recommendation
on approval, denial,or approval with conditions or modifications for each amendment.
October, 2021 Planning Commission reviews Staff Report and Recommendation, holds public hearing
and makes recommendation to the BoCC on approval of Final Docket.
Oct-Nov, 2021 BoCC reviews Amendments,Staff and Planning Commission recommendations. Holds
public hearing if changing Planning Commission recommendation. Staff drafts adopting
ordinance.
December 13,2021 The BoCC shall take final legislative action on 2021 Docket by second regular board
meeting in December, unless extended by the BoCC consistent with WAC 365-196-640(
3)(a).
Scheduled as required by Chapter 18.45 JCC
2021 Formal Site-Specific Amendment
Pursuant to JCC 18.45.050(3),the site-specific amendments shall be automatically placed on the final docket for
processing during the 2021 amendment cycle. This includes MLA21-00019.
MLA21-00019
Applicant: Miles Sand and Gravel
TYPE V COMPREHENSIVE PLAN AMENDMENT- MINERAL RESOURCE OVERLAY:The Applicant requests an
amendment to the Jefferson County Comprehensive Plan and Zoning Map to include land for Mineral Resources
Land overlay(MRLO). MRLO is used to"overlay"or designate the property as a mineral resource extraction area
as an interim use. The underlying land use designation of Commercial Forestry(CF80)would still exist and
forestry would remain the subsequent use after mineral resource extraction and reclamation are complete.The
amendment to the Jefferson County Comprehensive Plan and Zoning Map allows the Applicant to seek project-
specific approvals for mineral resource extraction.The MRLO designation in this proposal will add
approximately 200 acres to MRLO designated property at the locations shown on the map exhibits.The
geographic area proposed for addition to the MRLO is located in the vicinity of existing MRL overlay areas,
where there is an existing mineral extraction facility. Properties surrounding the proposed MRL overlay area are
in forestry use. Future uses of the proposed MRL overlay,on an interim basis, are expected to include sand and
gravel extraction and processing,which will coincide with existing forestry uses on areas not being actively
Page 2 of 5
mined.The proposed MRL overlay area is owned by Rayonier. Mineral resource extraction and associated
activities within this area will be conducted by Miles Sand &Gravel Company.
2021 Interested Parties Suggested Amendments
As noted above, DCD received one application from interested parties, by March 1, 2021 for suggested
amendments to the Comprehensive Plan or its implementing development regulations. A summary of this
application and Staff analysis is provided below:
MLA21-00018
Applicant:Jefferson Land Trust
TYPE V UDC TEXT AMENDMENT-GREEN BURIALS.This application proposes a change to the Unified
Development Code (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."
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
Proposed UDC text amendment:
Change the land use table JCC 18.15.040 Categories of Land Use from a "no" cemeteries or prohibited use in the
Forest zone,to a "C(d)" conditional use,and change JCC 18.20.110(3)to include underlined text: "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 include underlined text: "Graves shall be located a minimum of 15 feet,
and 100 feet for Forest zoned property,from any property lines," under the assumption that 100 feet of forest
land provides an adequate buffer from other properties that may not be zoned Forest.
Staff Analysis:
As noted above,the 2018 Comprehensive Plan was amended to specifically include a policy for this type
of use.The goals of the Comprehensive Plan state where we as a community want to be within the 20-year
planning horizon.The Policies are more specific guidance on how we can achieve those goals. Development
Regulations such as what is being proposed, must be consistent with the Goals and Policies of the
Comprehensive Plan to be valid, and lead to the direct"on the ground" implementation of the Comprehensive
Plan.This application is therefore consistent with the Comprehensive Plan.
Page 3 of 5
The next question is how this application meets the review factors under JCC 18.45.060(1):
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.
• Need:
o This is needed in order to implement Policy LU-P-29.4 of the Comp Plan.
• Urgency:
o This project is not urgent.There are currently sufficient means and practices available to
dispose of human remains.The Land Trust has been exploring this option for the past
ten years. The UDC must be amended to allow this alternative type of burial before
more work can be done to actually site and operate this alternative,which will take
several more years.This emergent type of burial is drawing more and more attention
and interest,and though not urgent, it is timely,and this would be a good opportunity
to move it forward.
• Appropriateness:
o This amendment is appropriate for the reasons stated above, but also because green
burial is an alternative that significantly reduces the environmental impacts resulting
from conventional burial and cremation.This is the most compelling reason to use this
alternative,and also the reason it was promoted as a policy in the Comp Plan.
• DCD Staff Capacity:
o Currently, DCD staff lacks the capacity to efficiently and effectively process this
suggested amendment and the Site-Specific Amendment for the MRLO.Additional Staff
or outside consultants would be necessary due to existing DCD long-range planning
workload . Further,this suggested amendment would consume DCD resources that
could be spent on higher priority long-range planning activities,such as affordable
housing initiatives.
• Cost:
o Estimated level of effort: 60 hours
o Estimated cost: $5,820=60 hours @ $97.00 DCD Staff time
OR
o $8,400.00(60 hours @ $140(low end, $200 high end) per hour consultant services and
$300 in prorated administrative costs,such as printing and legal ads)
• DCD's Recommendation for Inclusion on the 2021 Final Docket:
o DCD recommends that this item be included in the 2021 final docket if supplemental
funding for consultant services is provided to DCD. Revisions to the UDC to allow a more
environmentallyfriendlyalternative to conventional burial or cremation is not only
consistent with the Comp Plan but good for the environment and the community.
Page 4 of 5
Department of Community Development Final Docket Recommendation
DCD recommends that the Jefferson Land Trust's application for a UDC amendment to allow green
burials on forest zoned land with a conditional use permit, be placed on the 2021 final docket for processing
during the annual Comprehensive Plan Amendment cycle, contingent upon consultant support to this and/or
the site-specific amendment for an MRLO. If the suggested text amendment is placed on the final docket, DCD
requests supplemental budget authority to support the docket work. 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 5 of 5