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HomeMy WebLinkAbout117Michelle Farfan From: Sent: To: Subject: David Goldsmith <DGoldsmith@cojefferson.wa.us> Friday, June 10, 20L6 2:02 PM David Alvarez FW: FW: P.C. Roles and Responsibilities lf your around, please look this over and give me a call so we can discuss my resaponse. David From: cynthiakoan@gmail.com [mailto:cynthiakoan@gmail.com] On Behalf Of Cynthia Koan Sent: Friday, June 10, 2016 72:37 PM To: David Goldsmith <DGoldsmith@co.jefferson.wa.us>; Philip Morley <pmorley@co.jefferson.wa.us> Subject: Re: FW: P.C. Roles and Responsibilities Hi David (DG), Thank you for the information you sent on the role of the Planning Commission. However, my specific request was actually for somethinl overall role. What needs to be confirmed and clarified in writing is that adopting the proposed MPR regulations cunently before the Planning Commiss quasi-judicial action for a particular development or for a particular developer. It would be helpful to get a clear statement from you that v we're all working off the same script. THIS is the question we have been asking over and over and getting different answers. There seems to be wide-spread misunderstanding that this is a quasi-judicial action (which has more stringent rules around whom we can t developer. My request is for you to simply and clearly lay out the difference for all interested parties, in easily understood terms, so that tl Commission fits into that process. Additionally, if you could articulate when the developer's application was filed (if it has been), how an application relates in timing and in fact to the regulations and the development agreement and vesting, this would give us additional conte> As you know, we recently leamed that the draft regulations we received were written by the developer, and that the draft included the deve regulations. According to DWG, he added a couple of paragraphs but otherwise those regulations appear to have come to us mostly intact Our work over the last months has been to understand some of these questions. The conclusion we've come to is that these regulations, be' Plan designated MPR on Black Point, and not specific to a particular developer or development. This is not clearly stated in any version o Because this process has been so murky, because it is not clear that staffhas completely understand this, and because this aspect ofthe pro taken a long time for us as a Planning Commission to get clear on this and I believe that some of us still are not. 1 That is why I am making this request specifically of you as acting Director of DCD. I believe you are the best person to clearly explain thi where we are now, and to clariff the process for the public, the applicant, the PC members and staff. I also request that this "state of the pt Commission's meetings. As you and I have talked about, important work needs to be done during the comprehensive plan review process to make sure that for any out. The benefit of this struggle needs to be an outcome that will clari$ the process for others in the future. Sincerely, Cynthia Koan, Chair Jefferson County Planning Commission Cynthia Koan Computer Coach and Technician Voice: 360-385-4234 Scheduling: www.schedulecynthia.com On Tue, Jun 7, 2016 at 9:01 AM,D avi d Go ldsmith <D Go l dsmith@,co. i e fferson yra.us) wrote : The roles and responsibilities of the Planning Commission are spelled out in RCW 36.70 and Resolutron 54-97 portions of which are provided below: RCW 36.70.040 Department-Creation-Creation of commission to assist department. By ordinance a board may, as an alternative to and in lieu of the creation of a plaruring commission as provided in RCW 36.70.030, create a planning department which shall be organized and function as any other department of the county. When such department is created, the board shall also create a planning commission which shall assist the planning department in carrying out its duties, including assistance in the preparation and execution of the comprehensive plan and recommendations to the department for the adoption of official controls and/or amendments thereto. To this end, the planning commission shall conduct such hearings as are required by this chapter and shall make findings and conclusions therefrom which shall be transmitted to the department which shall transmit the same on to the board with such comments and recommendations it deems necessary. 2 RCW 36.70.600 Official controls-Recommendation to board-Required vote. The recommendation to the board of any official control or amendments thereto by the planning agency shall be by the affirmative vote of not less than a majority of the total members of the commission. Such approval shall be by a recorded motion which shall incorporate the findings of fact of the commission and the reasons for its action and the motion shall refer expressly to the maps, descriptive and other matters intended by the commission to constitute the plan, or amendment, addition or extension thereto. The indication of approval by the commission shall be recorded on the map and descriptive matter by the signatures of the chair and the secretary of the commission and of such others as the commission in its rules may designate. RCW 36.70.550 Official controls. From time to time, the planning agency may, or if so requested by the board shall, cause to be prepared official controls which, when adopted by ordinance by the board, will further the objectives and goals of the comprehensive plan. The planning agency may also draft such regulations, programs and legislation as may, in its judgment, be required to preserve the integrity of the comprehensive plan and assure its systematic execution, and the planning agency may recommend such plans, regulations, programs and legislation to the board for adoption. RCW 36.70.545 Development regulations-Consistency with comprehensive plan. Beginning July I ,1992, the development regulations of each county that does not plan under RCW 36.704.040 shall not be inconsistent with the county's comprehensive plan. For the purposes of this section, "development regulations" has the same meaning as set forth in RCW 36.704.030. ((7) "Development regulations" or "regulation" means the controls placed on development or land use activities by a county or city, including, but not limited to, zoning ordinances, critical areas ordinances, shoreline master programs, official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances together with any amendments thereto.) RCW 36.70.610 Offi cial controls-Reference to board. A copy of any official control or amendment recommended pursuant to RCW 36.70.550, 36.70.560, 36.70.570 and 36.70.580 shall be submitted to the board not later than fourteen days following the action by the commission and shall be accompanied by the motion of the planning agency approving the same, together with a statement setting forth the factors considered at the hearing, and analysis of findings considered by the commission to be controlling. 3 In addition I have included portions of Resolution 54-97 which re-constituted the Planning Commission: SECTION I. PLANNING COMMISSION RECONSTITUTED. The Board of County Commissioners, pursuant to the provisions of RCW 3064.700.and pursuant to RCW 367.0B 120 (l) does hereby abolish the existing planning commission, consisting of nine (9) members and hereby establishes a new reconstituted Planning Commission which shall assist the planning department in carrying out its duties, including assistance in the preparation and execution of a county zoning ordinance and Shoreline Management Master Program, periodic updating of the Comprehensive Plan and Shoreline Management Master Program, and make recommendations to the department for the adoption of official controls and/or amendments thereto SECTION 2. PLANNING COMMISSION CONDUCTS HEARINGS. The Planning Commission shall conduct such hearings as are required by RCW 36.70.010. et seq to and including RCW 36.70.960. and shall make findings of fact and conclusions therefrom which shall be transmitted to the Planning Department which shall transmit the same to the Board of Commissioners with such comments and recommendations as it deems necessary. SECTION 3. POWERS AND DUTIES. The powers and duties of the Planning Commission shall be such as are now described by RCW 36.70.010.e1 seq and other applicable laws of the State of Washington. When directed to do so by the Board of Jefferson County Commissioners, the County Planning Commission shall also perform such other duties as are not inconsistent with state law. Upon request the commission shall assist the Jefferson County Planning Department and Jefferson County Board of Commissioners in carrying out the county's planning program and those duties prescribed by the Washington State Planning Enabling Act and the Growth Management Act. The commission shall assist and advise in the development of and any revisions to the Jefferson County Comprehensive Plan and Shoreline Management Master Program and official controls and/or amendments thereto, and carrying out those duties prescribed therein. The commission shall act as policy advisors in matters conceming general land use and shoreline use within the county. The commission shall recommend planning and shoreline policies to make certain they are 4 consistent with the goals and policies of the community as expressed in the Comprehensive Plan and amendments thereto and the Shoreline Management Master Program and amendments thereto. The commission from time to time may also make inquiries, or develop reports or recommendations. The commission shall report in all matters referred to it within forty (40) days or within such time as specified by the board. The report of the commission shall be advisory only. SECTION 4. ADMINISTRATIVE RBSPONSIBILITY (RELATING TO THE PLANNING coMMrssroN). The position designated the duties of director of planning (RCW 36.10,160).s hall be appointed by the Board of County Commissioners. The director shall be responsible for the proper operation of the planning department; shall be directly responsible to the Board of County Commissioners; shall have the responsibility of supervising the personnel of the planning staff; and shall be responsible for providing technical assistance to the planning commission Comment: The role of the Planning Commission with respect to the Board of County Commissioners is advisory, as expressed above and as we discussed. This means the task of the Planning Commission is to review the proposed Development Regulations to determine if they are consistent with the Comprehensive Plan, which includes the Pleasant Harbor MPR made part of the Comprehensive Plan through Ordinance #01-0128-08. If they are, then to make that finding listing the factors used to make that determination and forward your recommendation to the Board of County Commissioners. If they are, but would be more in line with the Comprehensive Plan with modifications, then your duty would be to advise the BoCC on what modifications you would recommend. I would put any modification in plain language not code, as a sentence or paragraph would better express your concems and intent. If the regulations are not consistent with the Comprehensive Plan, then make that finding and advise the BoCC on what factors were determining to reach that conclusion and forward your recommendation. I hope this will assist you and your fellow Planning Commission members in coming to a conclusion on the proposed Development Regulations for the Pleasant Harbor MPR. Sincerely, 5 David Goldsmith Interim Director Jefferson County Department of Community Development (360\ 379-44s0 This is a reminder that all email to or from this email address may be subject to the Public Records Act contained in RCW 42.56. Additionally, all email to andfrom the county is captured and archived by Information Services. 6