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HomeMy WebLinkAbout09-01-2021 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 September 1, 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 • Planning Commissioner Updates • DCD Director’s Introduction & Update – Brent Butler Observer Comment See Observer Comment Conduct, below. Regular Meeting Business • Draft SMP Kitsap Code Discussion .............................................. ..David Wayne Johnson • Temporary Homeless Facilities Ordinance.……….Brent Butler, David Wayne Johnson 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) 749-3335; Access Code: 994-199-469 M A R I L Y N S H O W A L T E R 1596 SHINE ROAD PORT LUDLOW, WA 98365 marilyn.showalter@gmail.com 360-259-1700 (cell) August 24, 2021 Jefferson County Planning Commission Port Townsend, WA djohnson@co.jefferson.wa.us Re: Follow-up Comments to August 18, 2021 Planning Commission Meeting Dear Members of the Planning Commission: At your August 18, 2021, several issues were raised in discussion, and at one or more points, Commission Planning members asked for feedback from the community. Because the meeting was by telephone for members of the community, I’m not sure who raised which issues, but I would like to provide feedback on the issues, as I have paraphrased them here. My overriding point is this: The Planning Commission need not and should not determine if geoduck farming is “good” or “bad.” The job of the Planning Commission is to recommend to the County Commissioners the appropriate standards and process to use when geoduck applications are submitted to the County, including any need for a Hearing Examiner. 1. “Follow the Science.” One or two scientific studies on a controversial subject are not going to be definitive. Science evolves over time. Studies are more or less rigorous. Studies are funded by different interests. A Hearing Examiner, not the Planning Commission, is able to review studies presented by the parties for rigor and relevance to a particular site, and to hear critiques of those studies by the parties. This is a normal part of the hearing process and why we are asking that geoduck applications go through it. It's also the case that “science” is not the only factor relevant to an application for a geoduck farm. How a geoduck farm would affect such things as navigation and recreation is also relevant, as is the cumulative effects of a particular shellfish farm in combination with all of the others. 2. “Do Hearing Examiners Have Leeway to Make Decisions?” The Hearing Examiner determines the facts and applies the law to those facts. Because the facts are site-specific, the outcome of a case is also, generally, site-specific. So, for example, a small protected bay may not get a lot of wind and tidal action but might suffer from low oxygen. Another bay might have the reverse conditions: high winds and big tides with adequate oxygen. These kinds of facts—which are not givens but rather determined by the Hearing Examiner after examining the evidence—may be relevant to the standards that must be met for an application to be approved, and therefore can affect the outcome. Showalter-JCPC ltr August 24, 2021 2 3. “I’d like to see some first-hand evidence” of the effects of a geoduck farm. On August 19, 2021, 70 members and supporters of the Shine Community sent a letter to Jefferson County opposing an application for a geoduck farm in Squamish Harbor. Brad Nelson (BDN, operator) and James Smersh (property owner) propose to plant 224,330 PVC tubes on 5.15 acres immediately adjoining Hicks County Park, where people clam, crab, paddle, float, and swim, among other activities. The letter, with plenty of first-hand evidence is attached, but here are three photos, two of Hicks Park (now), the other of BDN’s current 3.58-acre commercial geoduck farm in Squamish Harbor, ½ mile west of the proposed Smersh site. (BDN’s current farm has no county permit because it was “grandfathered,” having been established just before the County’s first regulations of shellfish farming became effective in 2014.) Families, including wading and swimming children, enjoying Hicks Park. Rock jetty and fencing mark boundary line of Smersh property and proposed geoduck site. By Marilyn Showalter, July 29, 2020. BDN’s current geoduck farm in Squamish Harbor Photo by Sue Corbett, March 24, 2015 Paddleboarders at Hick Park. PVC tubes would pose extreme danger to paddlers, waders, and swimmers. Photo by Marilyn Showalter, July 3, 2017 Showalter-JCPC ltr August 24, 2021 3 4. “Why are the tubes necessary?” The tubes protect the baby geoduck from predation until they are about two years old, when the tubes are removed. 5. “Are PVC tubes ‘structures?’” PVC tubes are not considered “structures,” only because they have been explicitly exempted by law. Otherwise, they would fall within the definition of structures under the Jefferson County Code 18.25.100 (19) (rr): “Structure” means a permanent or temporary edifice or building or any piece of work artificially built up or composed of parts joined together in some definite manner, whether installed on, above, or below the surface of the ground or water, except for vessels (WAC 173-27-030). Retaining walls, bulkheads, fences, landscaping walls/decorative rockeries, and similar improvements to real property are examples of structures. Geoduck tubes are not considered structures for purposes of this program. (emphasis added) So, a decorative rockery on land is a structure, but 224, 330 PVC tubes (61 tons of plastic) inserted directly into 5.1 acres of tidelands is not—only because it has been carved out of the legal definition. 6. “How are geoducks harvested?” For each geoduck to be harvested, a person on the tidelands or a diver underwater uses a diesel-powered high-volume hydraulic hose to inject water (not air) into the substrate to a depth of about three feet. This liquifies the sediment, allowing the harvester to reach down through the liquified material and extract the geoduck. The liquified sediment is then sprayed back onto the tidelands or into the water column. Here are two photos of the process, taken of BDN’s current site in Shine. Harvesting with diesel powered hydraulic hose on BDN’s current geoduck farm in Squamish Harbor, ½ mile west of Smersh tidelands. Left photo by Marilyn Showalter, June 22, 2020. Right photo by Sue Corbett, Oct 3, 2020 Note: This is the process for intertidal cultivated geoducks, i.e., geoducks planted in the tidelands, which the County SMP regulates. Subtidal (fully underwater) plots of wild geoducks are overseen by the Department of Natural Resources, which leases the plots for harvest (by divers) and shares the revenue with the lessee. Showalter-JCPC ltr August 24, 2021 4 7. “PVC Tubes Attract Algae and Other Seaweed.” This is true, but the vegetation is removed by the geoduck operators and placed in concentrated piles on the beach. At harvesting, everything is obliterated to three feet deep, whether above or below the surface. This process goes on in continuous cycles. Workers removing vegetation from PVC tubes on BDN’s current geoduck farm in Squamish Harbor. Photo by Sue Corbett, May 18, 2015 8. “I want to hear the business perspective.” The overwhelming majority of harvested geoducks go to China. The number of fulltime-equivalent employees is low. Temporary workers are hired part-time to plant the geoducks, initially, and to remove vegetation on occasion. Harvesting with hydraulic hose, when geoducks are about 5 -7 years old, usually involves two or three people, part-time. Regarding direct tax revenues, wholesale fish products are exempt from the state business and occupation tax.1 Local tax revenue is very low. For example, BDN pays only $160.07 in property taxes, and less than 8% of that is attributable to his tidelands.2 I hope these comments answer some of your questions. I’m glad you are asking them. These are also the kinds of questions an impartial Hearing Examiner might ask, in reviewing or deciding a particular case. In that setting, the Hearing Examiner can read, probe, and compare the evidence and arguments of the parties, before coming to a conclusion. That is why applications for commercial geoduck cultivation, which is complex, site-specific, and relatively new to our region, should receive a public hearing before and a decision by a Hearing Examiner. Sincerely, Marilyn Showalter Showalter Attachment: Shine Community Letter on BDN-Smersh Application 1 RCW 82.04.4269: Exemptions—Seafood product businesses. (Expires July 1, 2025.) (wa.gov). 2 Jefferson County Tax Assessor. Parcel # 821334011, valued at $13,500, including the tidelands, which are valued at $1000. State and local property taxes and assessments are $160.07 in 2021. NEIGHBORS IN SHINE Squamish Harbor, Hood Canal, Jefferson County, WA Suec71@gmail.com 1 August 19, 2021 Jefferson County Hearing Examiner Att: Development Review Division Jefferson County Department of Community Development 621 Sheridan Street, Port Townsend, WA 98368 By email: dfrostholm@co.jefferson.wa.us Dear Development Review Division and Jefferson County Hearing Examiner, Re: Urging Denial of BDN-Smersh Application MLA19-00036, SDP19-00008, for a Geoduck Farm Off Shine Road, in Squamish Harbor, Hood Canal, WA We are residents of the community of Shine, WA. Together, we represent decades of living on the environmentally rich bay known as Squamish Harbor, Hood Canal, just west of the Hood Canal Bridge. We urge you to DENY this application for a geoduck farm on Shine Road, in Squamish Harbor. This photo is the Project Area Plan Sheet provided in the BDN-Smersh application. Shine Neighbors to Hearing Examiner Re BDN-Smersh CUP, August 19, 2021 2 We have watched with concern as commercial geoduck cultivation has expanded in Squamish Harbor. On a geoduck farm, plastic tubes and nets are inserted every square foot for up to two years. The tidelands are later liquified to three feet deep by hydraulic hose, in order to extract the mature geoducks. These cultivation methods carry a host of potential consequences, including: interference with the habitat of endangered species; noise disturbance of endangered species and nearby residents; turbidity and relocation of sediment; release of carbon from the substrate; ocean acidification; microplastics in marine and human food chains; plastic debris on beaches and in the water; damage to native eelgrass; interference and danger to users of public waters and parks, and more. The BDN-Smersh application carries specific dangers and risks, including: The proposed geoduck farm is incompatible with the use and enjoyment of Hicks Park. This year marks the 75th anniversary of Hicks County Park.1 This rare county park and public boat launch is located immediately west of the proposed geoduck farm, sharing a common land and tideland boundary. Tourists and county residents alike use this park for crabbing, clamming, wading, swimming, paddling, floating, beach combing, launching kayaks/canoes and motor boats, barbequing, picnicking, and just sitting and taking in the beautiful view. It is used in summer and winter, at high tide and low tide, week days and weekends. It is used by adults and children. Families, including wading and swimming children, enjoying Hicks Park. Rock jetty marks Smersh boundary line and proposed geoduck farm. By Marilyn Showalter, July 29, 2020 1 According to the Jefferson County Auditor’s records in Commissioners’ Proceedings, Resolution B222, on December 4, 1946, “Mr. W.R. Hicks of Shine appeared before the Board and stated that he would like to give to Jefferson County for the benefit of the public a piece of waterfront near Shine and he signed a deed giving Jefferson County ownership . . . NOW THEREFORE, BE IT RESOLVED by the by the Board of Jefferson County Commissioners, that this real property be accepted by Jefferson County and dedicated as a PUBLIC PARK forever, and to be known as ‘HICKS PARK.’ BE IT FURTHER RESOLVED, that the thanks of Jefferson County be extended to the said William R. Hicks for his generosity and public spirit.” (All-caps in original) Mr. Smersh now owns Mr. Hicks’s old homesite and remaining tidelands, and hopes to use the public’s waters for his private benefit . Shine Neighbors to Hearing Examiner Re BDN-Smersh CUP, August 19, 2021 3 The application proposes to insert more than 40,000 PVC tubes per acre, on five acres, i.e., more than 200,000 tubes2. Each 10-inch tube will protrude up to seven inches above the sea-floor. No nets will hold the tubes in place. It is a certainty (based on BDN’s other geoduck farm on Shine Road) that hundreds, perhaps thousands, of tubes will be loosened by the area’s strong winds and tidal action, generally pushing them west, onto the Hicks Park tidelands. When covered by water, these tubes pose an extreme hazard to paddlers, boaters, swimmers, and waders, especially young children, whose feet may be smaller than the diameter of the tubes. When exposed, the tubes are hazardous as well as unsightly, compromising the natural setting of the park. Above left: What Smersh tidelands would look like if the application is approved. Tubes pose an extreme hazard to waders and paddleboarders. Photo is of BDN’s current geoduck farm ½ mile from Hicks Park, by Sue Corbett, March 24, 2015. Other photos by Marilyn Showalter. Upper right: Paddleboarders, Hicks Park, Smersh tidelands (submerged) in background, July 3, 2017. Lower left: Boys wading at Hicks Park, Smersh tidelands and boat in background, Aug 18, 2020. Lower right: Girls running in water at Hicks Park 7-30-2021. 2 More precisely, BDN seeks authorization to insert 43,560 tubes/acre x 5.15 acres, or 224,334 tubes. That is 35.4 miles of tubes, and 61 TONS of plastic. (Each tube and band weighs 8.7 ounces.) Shine Neighbors to Hearing Examiner Re BDN-Smersh CUP, August 19, 2021 4 Just as problematic for park visitors is the harvesting method. For each geoduck to be harvested, the application proposes to use a water jet, powered by a diesel engine, that liquifies the sand to three feet deep, in order to extract the geoduck. According to the application 3, this process will go on for three to six hours per harvesting day, over one to two years , mostly underwater but also on exposed geoduck tidelands. If planting is staggered among plots, harvesting could go on every year, permanently. The constant engine noise will interfere with enjoyment of a natural setting. (This incessant noise is different from a boat that launches into the water over a few seconds.) In addition, the turbidity resulting from the sand that is displaced will interfere with visibility for wading crabbers or other waders, making it impossible to see crabs and dangerous to wade onto unseen objects, including tubes. Harvesting with diesel powered hose on BDN’s current geoduck farm in Squamish Harbor, ½ mile west of Smersh tidelands. Left photo by Marilyn Showalter, June 22, 2020. Right photo by Sue Corbett, October 3, 2020. Below left: Family enjoys clamming at Hicks Park. Photo by Marilyn Showalter, August 21, 2019. Below right: Peaceful clamming at Hicks Park. Photo by Marilyn Showalter August 18, 2020. 3 MLA19-00036 - Laserfiche WebLink (jefferson.wa.us), JARPA pdf pp 6-7/15, or MLA19-00036 BDN - Laserfiche WebLink (jefferson.wa.us) Item 39 pdf pp 532-3/561 Shine Neighbors to Hearing Examiner Re BDN-Smersh CUP, August 19, 2021 5 The proposed geoduck farm poses risks to marine life, including threatened and endangered species. According to the application, the area near the site is host to threatened or endangered species “Hood Canal Summer-Run Chum, Marbled Murrelets, Puget Sound chinook, Puget Sound steelhead, Bull Trout, Yelloweye rockfish, Boccacio Rockfish, and Southern Resident Killer Whale.”4 Squamish Harbor also holds documented spawning grounds for the important feeder fish herring, sand lance, and smelt. It is also, in undisturbed places, rich in native eelgrass, which is essential habitat for feeder fish and other species. Other marine and shoreline species observed in Squamish Harbor include Pigeon Guillemots, Kingfishers, herons, Bald eagles, Canada geese, harbor porpoises, river otters, and many more. Marbled Murrelet (Brachyramphus marmoratus) Some of us have observed Marble Murrelets feeding directly over the proposed site. Left: Marbled Murrelet over proposed geoduck tidelands, which run past Mr. Smersh’s house (left) and two neighboring homes (first one is on right). Photo by Marilyn Showalter, July 16, 2015 Right: Pair of Marbled Murrelets in Squamish Harbor. Photo by Marilyn Showalter, July 19, 2015 The Marbled Murrelet nests only in old-growth trees, which may be 50 miles from its feeding waters. It lays a single egg, which if hatched it must leave for hours at a time and return with a single fish for feeding. This challenge may help explain why Marbled Murrelets are not thriving and have been found emaciated. Safe and ample feeding grounds are extremely important to the survival of the endangered Marble Murrelet. Squamish Harbor is a known feeding ground, but the proposed operation would run a diesel engine three to six hours per day precisely during the Marbled Murrelet’s diving hours. Other diving birds are known to be noise sensitive. It is likely the Marble Murrelet is sensitive, as well, but there is not enough research to know. Given this lack of specific but important knowledge, hydraulic harvesting should be prohibited at this site. 4 MLA19-00036 - Laserfiche WebLink (jefferson.wa.us), Application files SEPA Checklist, pdf p. 10/22, or MLA19-00036 BDN - Laserfiche WebLink (jefferson.wa.us) Item 39 pdf p. 534/561 Shine Neighbors to Hearing Examiner Re BDN-Smersh CUP, August 19, 2021 6 Native Eelgrass (Zostera marina) Due to its rich environmental assets, Hood Canal has been designated by the state as a Shoreline of Statewide Significance.5 Squamish Harbor, including Smersh’s tidelands, teems with native eelgrass, which is critical habitat for herring, crabs, and many other sea creatures. There are many efforts around the state to protect and restore this foundation of marine ecology. BDN’s current operation destroys eelgrass by dragging a heavy hose across it and trampling it during harvesting. This kind of degradation won’t be remedied by the proposed 16-foot buffer between tubes and eelgrass. Right: Harvester walks through native eelgrass. Hose drags on it. Tideline is at minus 2.6’. Photo by Marilyn Showalter on June 22, 2020 at 11:57 am. Above: Note bare beach around geoduck tubes, in contrast to thick native eelgrass in foreground, on non-geoduck tidelands. Photo by Sue Corbett on June 23, 2020 at 1:21 pm. Tideline is at minus 2.6’. Fish Stream This particular owner on this particular site has already compromised a fish stream that runs through his property and onto his tidelands. As documents in Attachment A show, soon after Mr. Smersh bought his property, he moved the stream, which had been populated by salmonids, brought in 180 yards of fill, and constructed a bulkhead and culvert that blocked fish access—all without a permit. After a complaint in 1993 by a Point No Point Treaty biologist, the County issued a stop-work order. The culvert was modified, but the stream remained rechanneled. The stream buffer was later compromised by a gravel road and parking area the applicant proposes to use on Parcels # 970200001-2. Mr. Smersh should not be permitted to degrade fish habitat even further, by drastically altering the natural state of the tidelands.6 5 Shorelines of statewide significance - Washington State Department of Ecology Priority uses are to “recognize and protect the statewide interest over local interest; preserve the natural character of the shoreline; result in long term over short term benefit; protect the resources and ecology of the shoreline; increase public access to publicly owned areas of the shorelines; increase recreational opportunities for the public in the shoreline” 6 If anything, Mr. Smersh should work to restore the stream. Further upstream, the state spent $1.4 million to build a large fish-passage culvert under SR 104. Washington State Fish Passage, Barrier Correction Site ID: 992196 Shine Neighbors to Hearing Examiner Re BDN-Smersh CUP, August 19, 2021 7 The operator-applicant has a bad track record in Squamish Harbor. “BDN” (Brad Nelson), the would-be the operator of the proposed geoduck farm, already operates a 3.58-acre geoduck farm in Squamish Harbor, ½ mile west of the proposed site. A long and serious list of complaints and failures is on file with the U.S. Army Corps of Engineers.7 Examples include: Failure to Retrieve Displaced Tubes BDN tubes strewn on beach west of BDN’s current geoduck farm. Photo by Sue Corbett, December 27, 2014. Since BDN began his current operation in Squamish Harbor, PVC tubes have constantly escaped and remained on the beach or under water. For example, on January 31, 2020, a storm with wind gusts of 50 mph caused the Hood Canal Bridge to close for 6 1/2 hours. BDN’s Federal permit requires that “beaches within one-half mile of the farm shall be patrolled (subject to the beach owner’s permission to enter) by BDN on a weekly basis and within a day following a severe storm event. Any observed geoduck farm gear or equipment will be retrieved regardless of its source.” 8 7 Any shellfish farm is required to have a permit from the Army Corps. BDN has no County permit for his current operation, as it was “grandfathered” in 2014, when Jefferson County adopted its current Shoreline Master Program. 8 MLA19-00036 - Laserfiche WebLink (jefferson.wa.us), Application files SEPA Att H, pdf p. 25/86, or MLA19-00036 BDN - Laserfiche WebLink (jefferson.wa.us) Item 39 pdf p. 432/561 Shine Neighbors to Hearing Examiner Re BDN-Smersh CUP, August 19, 2021 8 After the January 31, 2020 storm, Shine neighbors Bruce Case and Sue Corbett observed many tubes and other gear washed up on the beach, including within ½ mile of BDN’s geoduck farm. No one came to pick them up, and on February 5, Bruce Case collected 66 tubes and placed them in a pile on BDN’s beach. The next day, Mr. Case picked up at least 36 more. On February 10, he added 53 more. This went on for three months, through May 4, 2020, during which Sue Corbett and Bruce Case picked up 312 tubes. All of them were stamped “BDN.” During that whole period, they saw only two occasions when BDN or his assistants picked up any tubes, and even then, they did not pick up all of them. BDN tubes collected by Bruce Case and Sue Corbett. Photo by Sue Corbett, February 11, 2020. Identification of tubes as BDN’s. Photo by Sue Corbett, February 16, 2020. Tubes in tideline. Squamish Harbor, west of BDN’s current geoduck farm. By Sue Corbett, Feb 15, 2020. Shine Neighbors to Hearing Examiner Re BDN-Smersh CUP, August 19, 2021 9 ’ Failure to Remove a Capsized Boat and Dinghy On November 16, 2019, there was a storm with gusts of 50 mph. The next day, BDN’s skiff, which he anchored more or less permanently in Squamish Harbor (with no night lights), began to sink. Apparently, someone alerted the Coast Guard, because a Coast Guard helicopter came and circled around the harbor for about 30 minutes. Then a Washington Fish and Wildlife boat came and maneuvered close to the skiff. Later a raft arrived and pushed the skiff to shore. The dive flag on the skiff had been left up, which might have been the concern for whoever made the call to the Coast Guard. By November 19, 2019, debris from the skiff had washed onshore: 5 black plastic crates, a large mat, and a dive tank. A long yellow electrical cord was drifting out from the skiff. The skiff was finally removed November 20, 2020, but the dinghy with loose batteries remained, as of November 21, 2020. Left: partly submerged skiff with floating electrical cord. Photo by Sue Corbett, November 18, 2019 Right: dinghy with batteries floating tideline. Photo by Marilyn Showalter, November 21, 2019 Shine Neighbors to Hearing Examiner Re BDN-Smersh CUP, August 19, 2021 10 Harvesting During a Prohibited Period, in Violation of Federal Permit Under BDN’s Federal permit, he is prohibited from harvesting from February 1st through April 30th.9 This is for the protection of an endangered species, Hood Canal Summer-Run Chum. On six occasions during the prohibited period, February 7, 13, 14, 18, 20, and 22, 2021, BDN harvested geoducks in Squamish Harbor. The crates of harvested geoducks were moved by boat to Port Ludlow Marina and transferred to BDN’s refrigerated van. These events were observed by Sue Corbett, Jan Wold, Paul Steenberg, and Marilyn Showalter, and were reported to BDN’s Federal permit holder, the U.S. Army Corps of Engineers. On March 4, 2021, the Corps of Engineers sent BDN a “Letter of Noncompliance.” (Attachment B.) Further action is pending. Crates of BDN’s geoducks harvested from Squamish Harbor. Tag with label “Seaproducks, Inc,” BDN’s company, says “Harvest Date: 2-22-2021. Harvest Location: Hood Canal. Type of Shellfish: Geoduck 308 lbs. Shine 4” Photos by Paul Steenberg, February 22, 2021. 9 Application files SEPA Att H, pdf p. 3/86 at MLA19-00036 - Laserfiche WebLink (jefferson.wa.us) Or MLA19-00036 BDN - Laserfiche WebLink (jefferson.wa.us) Item 39 pdf p 438/561 11 Shine Neighbors to Hearing Examiner Re BDN-Smersh CUP, August 19, 2021 We have laid out only some of the reasons this application should be denied. The site is incompatible with Hicks Park. The operation would interfere with threatened and endangered species, feeder fish, native eelgrass, and the local marine ecology. Cumulatively, it would add to an already over-stressed but precious Hood Canal, a Shoreline of Statewide Significance. Finally, both Mr. Smersh and BDN/Brad Nelson have proven themselves unreliable as good stewards of our shorelines, and unqualified to receive approval of this application. Thank you for considering these comments. Sue Corbett Sue Corbett 31 Churchill Lane Port Ludlow, WA 98365 Suec71@gmail.com one of 70 Shine neighbors and supporters Attachment A (Bones Creek documents) Attachment B (Letter of Noncompliance) Randy Corbett 31 Churchill Lane Port Ludlow, WA 98365 rlcor@msn.com Jan Wold POB 1340 Poulsbo, WA 98370 j.creek@hotmail.com Paul Steenberg POB 1340, Poulsbo, WA 98370 tanevaho@hotmail.com Marilyn Showalter 1596 Shine Rd Port Ludlow, WA 98365 marilyn.showalter@gmail.com Steve Aos 1596 Shine Rd. Port Ludlow, WA 98365 steveaos@msn.com Shine Neighbors to Hearing Examiner Re BDN-Smersh CUP, August 19, 2021 12 John Fabian 100 Shine Road Port Ludlow, WA 98365 fabian@olympus.net Donna Fabian 100 Shine Road Port Ludlow, WA 98365 Donna.fabian@rocketmail.com Marcia Case 531 Shine Road Port Ludlow, WA 98365 Casemarcia@gmail.com Bruce Case 531 Shine Road Port Ludlow, WA 98365 bruce.marciacase@gmail.com Tony Brenna 110 Harborview Place Port Ludlow, WA 98365 brengun@olympus.net Elena Rodriguez 110 Harborview Place Port Ludlow, WA 98365 emrod@olympus.net Marcia Schwendiman 23 Longmire Lane Port Ludlow, WA 98365 marciaschwendiman@gmail.com Barry Cullen 23 Longmire Lane Port Ludlow, WA 98365 barryjc758@gmail.com Jim Weitkamp 641 Shine Road Port Ludlow, WA 98365 shjw2510@msn.com Stephanie Harlow 641 Shine Road Port Ludlow, WA 98365 sharlow623@hotmail.com Dawn Harris 110 Churchill Lane Port Ludlow, WA 98365 dawnhew65@gmail.com Mike Harris 110 Churchill Lane Port Ludlow, WA 98365 mccash70@gmail.com Bob Gebo 295 Margaret Street Port Ludlow, WA 98365 sjora36@gmail.com Sue Heston 295 Margaret Street Port Ludlow, WA 98365 sjora36@gmail.com Michael Tripp 1680 Shine Road Port Ludlow, WA 98365 michael@shirtco.com Ann Johnson 101 Merredith Street Port Ludlow, WA 98365 annwjohnson@hotmail.com Steve Dittmar 30 Watney Lane Port Ludlow, WA 98365 SWDittmar@gmail.com Kathy Dittmar 30 Watney Lane Port Ludlow, WA 98365 kathydittmar@hotmail.com Shine Neighbors to Hearing Examiner Re BDN-Smersh CUP, August 19, 2021 13 Patti Marquis 1662 Shine Road Port Ludlow, WA 98365 cpmarquis@yahoo.com Charlie Marquis 1662 Shine Road Port Ludlow, WA 98365 cpmarquis777@gmail.com Cindy Harris 60 Churchill Lane Port Ludlow, WA 98365 cindyh2@comcast.net George Harris 60 Churchill Lane Port Ludlow, WA 98365 gomblu51@gmail.com Bill West 1482 Shine Road Port Ludlow, WA 98365 bcwest0101@gmail.com Cheryl West 1482 Shine Road Port Ludlow, WA 98365 bcwest0101@gmail.com Jim Simpkins 1290 Shine Road Port Ludlow, WA 98365 jmsimpkins1958@gmail.com Susan Simpkins 1290 Shine Road Port Ludlow, WA 98365 jmsimpkins1958@gmail.com Bob Henderson 82 Longmire Lane Port Ludlow, WA 98365 vallyn59@gmail.com Vallyn Henderson 82 Longmire Lane Port Ludlow, WA 98365 vallyn59@gmail.com Scott Anderson 90 Churchill Lane Port Ludlow, WA 98365 sda_const3@q.com Cindy Anderson 90 Churchill Lane Port Ludlow, WA 98365 cindycaland@gmail.com Nezam Tooloee 162 Longmire Lane Port Ludlow, WA 98365 Nezam@earthlink.net Nelie Anderson 162 Longmire Land Port Ludlow, WA 98365 nelliac@gmail.com Ronald Hildebrandt 262 Margaret St Port Ludlow, WA. 98365 rdhildebrandt@hotmail.com Marcia Hildebrandt 262 Margaret St Port Ludlow, WA 98365 winged_monkeys@hotmail.com Carolyn Eagan 235 Margaret St Port Ludlow, WA 98365 Carolyn.a.eagan@gmail.com Chris Eagan 235 Margaret St Port Ludlow, WA 98365 Chris_Eagan@hotmail.com Shine Neighbors to Hearing Examiner Re BDN-Smersh CUP, August 19, 2021 14 John Simpson 941 Shine Rd Port Ludlow, WA 98365 jbs8893@msn.com Katherine Gower Simpson 941 Shine Rd Port Ludlow, WA 98365 Kgower.simpson@gmail.com Ed Davis 1254 Shine Rd Port Ludlow, WA 98365 ed47inshine@gmail.com Sara Davis 1254 Shine Rd Port Ludlow, WA 98365 saraonshine@gmail.com Mike and Mary (Rothelle) Page 51 Merredith St Port Ludlow, WA 98365 page1152@hotmail.com Amy and Bartt Chipman 70 Merredith St Port Ludlow, WA 98365 puyvalleygirl@gmail.com Jarilyn and Mike Rust 101 Madrona Vista Pl Port Ludlow, WA 98365 jrustmrust@gmail.com David and Linda Findlay 210 Shine Rd Port Ludlow, WA 98365 dwf1020@gmail.com Russ and Carolyn Fairbanks 313 Margaret St. Port Ludlow, WA 98365 carolynfairbanks@gmail.com Jennifer Stroh 112 Margaret Street Port Ludlow, WA 98365 Jennstroh@gmail.com Mike and Kerri Patterson 1342 Shine Road Port Ludlow, WA. 98365 spikeap@gmail.com SUPPORTERS Dan Merkle 1325 4th Ave., #940 Seattle, WA 98101 danm@msfseattle.com (Shine resident 2004 - 2020) Nan Woodman 2308 NE Trail Way Poulsbo, WA 98370 nanwoodman@gmail.com Bernadette and Ron Olson P.O. Box 655 2460 Tekiu Rd NW Seabeck, WA 98380 bernadetteolson@hotmail.com Michael Maddox Recently of Poulsbo, WA Currently traveling the USA gnafswo@gmail.com Kathryn Townsend 7700 Earling Street NE Olympia, WA 98506 kath.townsend@gmail.com Patrick Townsend 7700 Earling Street NE Olympia, WA 98506 Patrick.townsend@townsendsecurity.com COUNTY OF JEFFERSON STATE OF WASHINGTON An Ordinance Adopting Zoning } Regulations for the Siting, Establishment, } and Operation of Temporary Homeless } ORDINANCE NO. __-____-21 Facilities in Unincorporated Areas of } Jefferson County } WHEREAS, homelessness continues to be a local, regional and national challenge due to many social and economic factors; and WHEREAS, tent and tiny house encampments have become a temporary mechanism for providing shelter for homeless individuals and families; and WHEREAS, under RCW 36.01.290 the Washington State Legislature has authorized religious organizations to host temporary encampments to provide shelter for homeless individuals on property that these religious organizations own or control; and WHEREAS, the Jefferson County Code does not currently have permanent provisions addressing the establishment and operation of temporary homeless facilities; and WHEREAS, the Washington State Department of Health has confirmed localized person- to-person spread of COVID-19 in Washington State, significantly increasing the risk of exposure and infection to the general public, and creating an extreme public health risk that may spread quickly; and WHEREAS, the Jefferson County Public Health Department has c onfirmed localized person-to-person spread of COVID -19 in Jefferson County, and this localized person-to-person spread of COVID-19 in Jefferson County is increasing; and WHEREAS, based on the COVID -19 threat profile, providing shelter to the homeless population would help to prevent the spread of COVID-19; and WHEREAS, because of the COVID-19 emergency adoption of temporary homeless facilities regulations and processing requirements to preserve and protect public health and safety and prevent danger to public or private property would help to prevent the spread of COVID-19; and WHEREAS, zoning controls enacted under RCW 36.70A.390 or RCW 36.70.790 are methods by which the County may preserve the status quo so that new plans and regulations will not be rendered moot by intervening development; and WHEREAS, the County adopted Interim Zoning Ordinance 10 -1221-20 on December 21, 2020 as a one -year emergency measure to allow siting of temporary homeless facilities while the County does research on permanent zoning regulations ; and WHEREAS, County staff have researched the issue concerning the establishment and operation of temporary homeless facilities ; and WHEREAS, research indicates that the requirements and regulations contained in Ordinance 10 -1221-20 are consistent with other jurisdictions, and therefore staff recommends adoption of those regulations with few changes; and WHEREAS, in conformity with the responsibilities of Jefferson County to meet public health, safety and welfare requirements and provide zoning and land use regulations pursuant to state law, and the County's authority to regulate land use activity within its corporate limits, the County intends to develop appropriate public health, safety and welfare requirements and zoning and land use regulations for the establishment and operation of temporary homeless facilities; and WHEREAS, zoning will also allow qualifying religious organizations and registered not-for-profit, tax exempt 501(c)(3) organizations the opportunity to establish and operate temporary homeless facilities; and WHEREAS, the Jefferson County Planning Commission have reviewed and taken testimony and a duly noticed public hearing, and made recommendations to the Board of County Commissioners on the proposed UDC text amendments pursuant to JCC 18.45.090(3), and; WHEREAS, the Jefferson County Board of County Commissioners have reviewed the recommendation of the Planning Commission and either accepted that recommendation, or wishing to modify the recommendation, held a duly noticed public hearing to take public testimony before accepting the proposed UDC text amendments pursuant to JCC 18.45.090(4), and; WHEREAS, the County Board of Commissioners adopts the foregoing as its findings of facts justifying the adoption of this Ordinance. NOW, THEREFORE, BE IT ORDAINED by the Jefferson County Board of Commissioners that: Section 1. Findings of Fact. The County Board of Commissioners adopts the above "WHEREAS" recitals as findings of fact in support of its action as required by RCW 36.70A.390 or RCW 36.70.790. Section 2. Appendix A – UDC Code Amendment - Temporary Homeless Facilities Adopted. Chapter 18.10 JCC, (Chapter 18.15) and Chapter 18.20 JCC is hereby amended to include text additions and changes as indicated by underline text in Appendix A. Section 3. Conflict with other Jefferson County Code Provisions. If the provisions of this Ordinance are found to be inconsistent with other provisions of the Jefferson County Code, this Ordinance shall control. Section 4. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other sentence, clause or phrase in this Ordinance. Section 5. SEPA Compliance. To be complete prior to or by September 21, 2021 Section 16. Effective Date. This ordinance is effective immediately upon adoption. Section 17. Public Hearing. Pursuant to Ordinance 10-1221-20, a public hearing regarding this must be held within at 300 days of adoption of Ordinance 10-1221-20, namely on or before October 21, 2021. (SIGNATURES FOLLOW ON NEXT PAGE) Appendix A – Draft Proposed UDC Text Amendments (new code additions) – Temporary Homeless Facilities 18.10.130 M definitions. "Managing agency" means an organization identified as the manager of a temporary homeless facility that has the capacity to organize and manage a temporary homeless facility. Managing agencies are limited to religious organizations and non-profit agencies. A "managing agency" may be the same entity as the sponsor. JCC 18.10.190 S definitions. "Sponsor" means an organization that: (i) invites a temporary homeless facility to reside on land they own or lease; and (ii) is a State of Washington registered not-for-profit corporation and federally recognized tax exempt 501(c)(3) organization; or 3. is recognized by the Internal Revenue Service as exempt from federal income taxes as a religious organization, which expresses its religious mission, in part, by organizing living accommodations for the homeless. JCC 18.10.200 T definitions. "Temporary homeless facility" means a facility providing temporary housing accommodations that includes a sponsor and managing agency, the primary purpose of which is to provide temporary shelter for people experiencing homelessness in general or for specific populations of the homeless. Temporary homeless facilities include temporary tent encampments and temporary tiny house encampments. "Temporary tent encampment" means a short-term living facility for a group of homeless people that is composed of tents or other temporary structures, as approved by the director, on a site provided or arranged for by a sponsor with services provided by a sponsor and supervised by a managing agency. "Temporary tiny house encampment" means a temporary homeless facility for a group of people living in purpose-built tiny houses for people experiencing homelessness, as approved by the director, on a site provided or arranged for by a sponsor with services provided by a sponsor and supervised by a managing agency. Temporary tiny houses for the homeless are typically less than 200 square feet and easily constructed and moved to various locations. For the purposes of this section, temporary tiny homes are not dwelling units and, as such, are not required to meet building codes. JCC 18.15.040 Allowable and Prohibited Uses (Not sure we need this in the Use Table 3-1 since it’s limited to County and Non-profit property and not a specific zone. Also Essential Public Facilities – Waste Management, though on the zoning map, is not identified in the use table 3-1.) JCC 18.20.375 Temporary Homeless Facilities. Purpose. To provide regulations regarding the siting, establishment and processing of applications for temporary homeless facilities in unincorporated Jefferson County, in conformity with the responsibilities of Jefferson County to meet public health, safety and welfare requirements, without substantial adverse impact on the residential environment and rural character in the vicinity. (1) The following requirements shall apply to all temporary homeless facilities approved under this section, unless modified by the director through approval of a Type II administrative use permit. (a) The encampment shall be located a minimum of 20 feet from the property line of abutting properties containing commercial, industrial, and multifamily residential uses. The encampment shall be located a minimum of 40 feet from the property line of abutting properties containing single-family residential or public recreational uses, unless the director finds that a reduced buffer width will provide adequate separation between the encampment and adjoining uses, due to changes in elevation, intervening buildings or other physical characteristics of the site of the encampment. (b) No temporary homeless facility shall be located within a critical area or its buffer as defined by Chapter 18.22 JCC. (c) A temporary homeless facility shall comply with the applicable development standards of Title JCC, except that temporary homeless facilities shall not be considered structures for the purposes of calculating parcel's total lot coverage. (d) A six-foot-tall fence is required around the perimeter of the encampment to limit access-to the site for safety and security reasons; provided, that the fencing does not create a sight obstruction at the street or street intersections or curbs as determined by the county engineer, unless the director determines that there is sufficient vegetation, topographic variation, or other site conditions such that fencing would not be needed. (e) Exterior lighting must be directed downward and glare contained within the temporary encampment. (f) The maximum number of residents at a temporary encampment site shall be determined by the director taking into consideration site conditions, but in no case shall the number be greater than fifty (50) people. (g) On-site parking of the sponsor shall not be displaced unless sufficient required off- street parking remains available for the host's use to compensate for the loss of on- site parking or unless a shared parking agreement is executed with adjacent properties. (h) A transportation plan, including provisions for transit, and pedestrian and bicycle ingress and egress to the encampment, shall be submitted for review and approval. (i) No children under the age of 18 are allowed to stay overnight in the temporary encampment, unless accompanied by a parent or guardian. If a child under the age of 18 without a parent or guardian present attempts to stay at the encampment, the sponsor and the managing agency shall immediately contact Child Protective Services and shall actively endeavor to find alternative shelter for the child. (j) The sponsor or managing agency shall provide and enforce a written code of conduct, which not only provides for the health, safety and welfare of the temporary encampment residents, but also mitigates impacts to neighbors and the community. A copy of the code of conduct shall be submitted to the County at the time of application for the administrative use permit. Said code shall be incorporated into the conditions of approval. The managing agency shall post the County approved written code of conduct on site. (k) An operations plan must be provided that addresses site management, site maintenance, and provision of human and social services. Individuals or organizations shall have either a demonstrated experience providing similar services to homeless residents; and/or certification or academic credentials in an applicable human service field; and/or applicable experience in a related program with a homeless population. Should an individual or organization not have any of the preceding qualifications, additional prescriptive measures may be required to minimize risk to both residents of the temporary homeless facility and the community in general. (l) The sponsor and the managing agency shall ensure compliance with Washington State laws and regulations and the Jefferson County Health Department's regulations concerning, but not limited to, drinking water connections, solid waste disposal, and human waste. The sponsor and the managing agency shall permit inspections by local agencies and/or departments to ensure such compliance and shall implement all directives resulting therefrom within the specified time period. (m) The sponsor and managing agency shall assure all applicable public health regulations, including but not limited to the following, will be met for: i. Potable water, which shall be available at all times at the site; ii. Sanitary portable toilets, which shall be set back from all property lines as determined by the director; iii. Hand-washing stations by the toilets and food preparation areas; iv. Food preparation or service tents; and v. Refuse receptacles. (n) Public health regulations (including those in Chapter 246-215 WAC and Title JCC) shall be followed to specifically include food handling and storage (including proper temperature control), and homeless encampment residents involved in food donations and storages shall be made aware of these Jefferson County Health Department requirements. (o) The sponsor and the managing agency shall designate points of contact and provide contact information (24-hour accessible phone contact) to the chief criminal deputy of the Jefferson County Sheriff or his/her designee. At least one designated point of contact shall be on duty at all times. The names of the on-duty points of contact shall be posted on-site daily and their contact information shall be provided to the Jefferson County Sheriff’s Office as described above. (p) Facilities for dealing with trash shall be provided on-site throughout the encampment. A regular trash patrol in the immediate vicinity of the temporary encampment site shall be provided. (q) The sponsor and the managing agency shall take all reasonable and legal steps to obtain verifiable identification information, to include full name and date of birth, from current and prospective encampment residents and use the identification to obtain sex offender and warrant checks from appropriate agencies. The sponsor and the managing agency shall keep a current log of names and dates of all people who stay overnight in the encampment. This log shall be available upon request to law enforcement agencies and prospective encampment residents shall be so advised by the sponsor and managing agency. (r) Persons who have active warrants, or who are required to register as sex offenders, are prohibited from the encampment's location. (s) The sponsor and the managing agency shall immediately contact the Jefferson County Sheriff’s Office if someone is rejected or ejected from the encampment when the reason for rejection or ejection is an active warrant or a match on a sex offender check, or if, in the opinion of the on- duty point of contact or on-duty security staff, the rejected/ejected person is a potential threat to the community. (t) Tents over 300 square feet in size and canopies in excess of 400 square feet shall utilize flame retardant materials. (u) The sponsor, the managing agency and temporary encampment residents shall cooperate with other providers of shelters and services for homeless persons within the County and shall make inquiry with these providers regarding the availability of existing resources. (v) The sponsor and/or managing agency shall provide before-encampment photos of the host site with the application. Upon vacation of the temporary encampment, all temporary structures and debris shall be removed from the host site within one calendar week. (w) Upon cessation of the temporary encampment, the site shall be restored, as near as possible, to its original condition. Where deemed necessary by the director, the sponsor and/or managing agency shall re-plant areas in which vegetation had been removed or destroyed. (2) Frequency and duration of temporary homeless facilities. (a) No more than a maximum of 50 people may be housed in temporary homeless facilities (encampments) located in the unincorporated County at any time. Multiple encampment locations may be permitted provided that the aggregate total of people in all temporary tent and/or tiny house encampments shall not exceed 50. (b) The director shall not grant a permit for the same site more than once in any calendar year; provided that director is not authorized to issue a permit for the same site sooner than 180 days from the date the site is vacated as provided for in subsection 1 of this section. (c) Temporary tent encampments may be approved for a period not to exceed 180 days. The director may grant one 180-day extension, provided all conditions have been complied with and circumstances associated with the use have not changed. This extension shall be subject to a Type II review process and may be appealed to the hearing examiner as provided in JCC 18.40.270. The permit shall specify a date by which the use shall be terminated and the site vacated and restored to its pre-encampment condition. (d) Temporary tiny house encampments may be approved for a period of between six months and up to one year, provided the sponsor and managing agency comply with all permit conditions. The director may grant one or more extension(s) not to exceed one additional year, provided enabling legislation allows so. Extensions are subject to a Type II review process in accordance with JCC 18.40.270 and may be appealed to the hearing examiner as provided in JCC 18.40.270. The permit shall specify a date by which the use shall be terminated and the site vacated and restored to its pre-encampment condition. (3) Permit Required. Establishment of a temporary homeless facility shall require approval of an administrative use permit, as described in this section, and compliance with all other applicable County regulations. The director shall have authority to grant, grant with conditions or deny an application for an administrative use permit under this section. (4) Application Application for a Type II conditional administrative “C(a)” use permit shall be made on forms provided by the County, and shall be accompanied by the following information; provided, that the director may waive any of these items, upon request by the applicant and finding that the item is not necessary to analyze the application. An application to establish a temporary homeless facility shall be signed by both the sponsor and the managing agency ("applicant") and contain the following: (a) A site plan of the property, drawn to scale, showing existing natural features, existing and proposed grades, existing and proposed utility improvements, existing rights-of-way and improvements, and existing and proposed structures, tents and other improvements (including stormwater and erosion control, landscaping and fencing at the perimeter of the proposed encampment and the property and off-street parking); (b) A vicinity map, showing the location of the site in relation to nearby streets and properties; (c) A written summary of the proposal, responding to the standards and requirements of this section; (d) The written code of conduct, operations plan and a transportation plan as required by this section; (e) Statement of actions that the applicant will take to obtain verifiable identification from all encampment residents and to use the identification to obtain sex offender and warrant checks from appropriate agencies; (f) Project statistics, including site area, building coverage, number and location of tents and temporary structures, expected and maximum number of residents, and duration of the encampment; (g) Address and parcel number of the subject property; (h) Photographs of the site; (i) A list of other permits that are or may be required for development of the property (issued by the County or by other government agencies), insofar as they are known to the applicant; (j) Permit fees for temporary homeless facilities shall be in accordance with Title 18 JCC; and, (k) A list of any requirement under this section for which the applicant is asking to modify. (5) Notice. All temporary homeless facility applications shall be reviewed under a Type II process under JCC 18.40.270, except that the final decision must be rendered within 60 days of a determination of completeness. Additionally, the notice of application shall contain proposed duration and operation of the temporary homeless facility, number of residents for the encampment, and contain a County website link to the proposed written code of conduct, operations plan and transportation plan for the facility. (6) Decision and Notice of Decision. Final action on permit applications made under this section shall be in accordance with Title 18 JCC. Before any such permit may be granted, the applicant shall demonstrate and the director shall find consistency with Jefferson County Code and the following: (i) The proposed use meets the requirements of this section; and, (ii) Measures, including the requirements herein and as identified by the director, have been taken to minimize the possible adverse impacts which the proposed encampment may have on the area in which it is located. It is acknowledged that not all impacts can be eliminated, however the risk of significant impacts can be reduced to a temporary and acceptable level as the duration of the encampment will be limited. A notice of the decision shall be provided in accordance with Title l] JCC. (7) Conditions. Because each temporary encampment has unique characteristics, including, but not limited to, size, duration, uses, number of occupants and composition, the director shall have the authority to impose conditions on the approval of an administrative use permit to ensure that the proposal meets the criteria for approval listed above. Conditions, if imposed, must be intended to protect public health, life and safety and minimize nuisance-generating features such as noise, waste, air quality, unsightliness, traffic, physical hazards and other similar impacts that the temporary encampment may have on the area in which it is located. In cases where the application for an administrative use permit does not meet the provisions of this section (except when allowed under subsection (8) of this section) or adequate mitigation may not be feasible or possible, the director shall deny the application. (8) Modification of Requirements. The director may approve an administrative use permit for a temporary encampment that relaxes one or more of the standards in this section only when, in addition to satisfying the decision criteria stated above, the applicant submits a description of the standard to be modified and demonstrates how the modification would result in a safe encampment with minimal negative impacts to the host community under the specific circumstances of the application. In considering whether the modification should be granted, the director shall first consider the effects on the health and safety of encampment residents and the neighboring communities. Modifications shall not be granted if their adverse impacts on encampment residents and/or neighboring communities will be greater than those without modification. The burden of proof shall be on the applicant. (9) Appeal. The director's decision may be appealed to the hearing examiner as provided in Title 18 JCC. (10) Revocation. The director shall also have the authority to revoke an approved administrative use permit, pursuant to Title 18 JCC at any time a sponsor or managing agency has failed to comply with the applicable provisions of this section or permit.