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Home My WebLink About12-01-2021 PC Agenda PacketArlene Alene – District 1 LD Richert – District 2 Kevin Coker – District 1 Richard Hull, Chair – District 3 Cynthia Koan – District 1 Chris Llewellyn – District 3 Matt Sircely, Vice Chair -District 2 Michael Nilssen – District 3 Lorna Smith – District 2 Public Comment: When the Chair recognizes you to speak, please begin by stating your name and address. Please be aware that the public comment period is three minutes. 1 AGENDA JEFFERSON COUNTY COMMUNITY DEVELOPMENT DEPARTMENT Regular Meeting – December 1, 2021 Tri Area Community Center, 10 West Valley Road, Chimacum, Washington 98325 COVID-19 NOTICE NO IN-PERSON ATTENDANCE ALLOWED (Per Jefferson County RESOLUTION No. 45-21) You can join this meeting by using the following methods: Zoom Meeting: Meeting ID: 886 7104 7253 Passcode: 894561 https://us02web.zoom.us/j/88671047253?pwd=OU8vTWZGWTVRRGNRVEQ1c2k0WDVadz09 This option will allow you to join the meeting live. You will need to enter an email address. If you wish to provide public comment, click on the hand icon at the bottom of the screen to “raise your hand.”. Participation will be up to the Chair of the meeting Audio-only: For one tap mobile copy and paste: +12532158782,,88671047253#,,,,*894561# Please sign on 5 to 10 minutes before the official start of the meeting to check sound and video quality This video will be closed-captioned enabled for persons with disabilities 5:30PM Welcome Chair and Overview Presentation 1. Call to Order/Roll Call 2. Approval of Agenda 3. Approval of Minutes a. November 17, 2021 Minutes 4. Planning Commission Updates a. (10 minutes) 5. DCD Staff and Director Updates (5 minutes) a. Update on Lot of Record b. Emergency Shelter Ordinance PUBLIC COMMENT CONSENT AGENDA No Consent Agenda items were submitted for this meeting. Arlene Alene – District 1 LD Richert – District 2 Kevin Coker – District 1 Richard Hull, Chair – District 3 Cynthia Koan – District 1 Chris Llewellyn – District 3 Matt Sircely, Vice Chair -District 2 Michael Nilssen – District 3 Lorna Smith – District 2 Public Comment: When the Chair recognizes you to speak, please begin by stating your name and address. Please be aware that the public comment period is three minutes. 2 REGULAR BUSINESS 6. By-Laws a. Cover Sheet b. By-Laws Amendment Draft June 2, 2019 c. Jefferson County Planning Commission Meeting Minutes August 5, 2020 d. By-Laws Amendment Draft August 2020 e. By-Laws Amendment Draft September 1, 2020 7. Legal Lot of Record Update a. Staff Report Jefferson County Planning Commission MEETING MINUTES Virtual Meeting (no in-person attendance allowed per Gov. Inslee’s Proclamation 20-28) November 17, 2021 P: 360-379-4450 621 Sheridan St. F: 360-379-4451 Port Townsend WA 98368 plancomm@co.jefferson.wa.us Regular Business 5:34 pm Welcome (chair) and Overview Presentation 1.Call to Order/Roll Call District 1 District 2 District 3 Alen: Present Coker: Koan: Present Sircely: Present Smith: Present Richert: Present Hull: Present Nilssen: Present Llewelyn: Present 2.Approval of Agenda Agenda for November 17, 2021, was approved. 7 yays; 0 nays; 0 abstentions. 3.Approval of previous Meeting Minutes Minutes for November 3, 2021, were approved. 7 yays; 0 nays; 0 abstentions. 4.Planning Commission Update a.Housing Subcommittee met this morning, creating options for public involvement. b.Meeting with new Port Commissioner Carol Hasse to discuss live-aboard 5.DCD Staff and Director Updates a.Joel Peterson gives update on Discovery Bay Golf Course Development. Hearing Examiner ruled in favor of preliminary approval. b.David Wayne Johnson updates on Shoreline Management Program, which is still being reviewed by the Department of Ecology. c.David Wayne Johnson discusses code update, which is hampered because DCD has one less planner than usual since David Wayne Johnson became the UDC Administrator. Motions Motion # Motion 1st 2nd Yay Nay Abstain 1 Approve Agenda Koan Nilssen 7 0 0 2 Approve Minutes Nilssen Richert 7 0 0 Observer Comment The Chair opened the floor to public comment and no one spoke. Consent Agenda 6.Duckabush River Estuary Project a.Consent Agenda Item Explanation b.Duckabush River Estuary Project Design Update Slideshow Regular Business Item 3a Jefferson County Planning Commission MEETING MINUTES Virtual Meeting (no in-person attendance allowed per Gov. Inslee’s Proclamation 20-28) November 17, 2021 P: 360-379-4450 621 Sheridan St. F: 360-379-4451 Port Townsend WA 98368 plancomm@co.jefferson.wa.us 7. Timeline of Upcoming Projects 8. Public Comments on Temporary Shelter Ordinance 9. Continuing Discussion of Temporary Shelter Ordinance 7:00 pm Adjournment • The next Planning Commission meeting is scheduled for DATE at 5:30 pm virtually You can dial in using your phone by calling: +1 (646) 749-3122; Access Code: 883- 126-605. These meeting minutes were approved this ____________ day of_____, 2021. ____________________________ Richard Hull, Chair Helena Smith DCD Land Use Technician Item 3a December 1, 2021 Jefferson County Planning Commission Regular Agenda Item Planner: Joel Peterson SUBJECT: Review Planning Commission bylaws as amended August 5, 2020, and decide whether to adopt any of the PAO comments provided. Planning Commission: Regarding PC Bylaws, the Agenda materials contain the document that includes edits responding to the August 5, 2020, motion (BylawsAmendment_DRAFT.Nillsen w CK changes.docx). I’ve also included the 8/5/20 minutes as reference. This is the document that represents the last PC-edited Bylaws, as requested. While reviewing the Prosecuting Attorney’s Office (PAO) input on the PC Bylaws, I also found a few edits suggested by Austin Watkins in 2019 that were not considered by Philip Hunsucker’s edits in 2020. As you see in the redline comments in these documents, there is advice of what should or shouldn’t be in the bylaws from the PAO perspective. If you want to address these “outside” edits, I’ve also attached them for reference. (2019 edits by Austin Watkins named “BylawsAmendment_DRAFT2-6-2019li_lo.doc”; and Philip Hunsucker’s edits are in “2020 09 01 Planning Commission Bylaws Amendment – DRAFT.Nilssen w CK changes and PAO Review.docx”.) If you do not want to include any of the PAO edits, then there is no further action to take by the Planning Commission. Item 6a Page 1 Amended 02-06-2013 03/06/2019 DRAFT Formatted: Font: Bold, Underline BY-LAWS Of the Jefferson County Planning Commission SECTION 1 - AUTHORITY: These by-laws are promulgated in compliance with Chapter 36.70 of the Revised Code of Washington, the Washington Planning Enabling Act, and Jefferson County Resolution No. 54-97, which recognized the Jefferson County Planning Department and reconstituted a new Planning Commission. SECTION 2 - MEMBERSHIP: The Planning Commission shall be comprised of nine members from Jefferson County, and Members of the Planning Commission shall be appointed by the Board of County Commissioners for a term of four years which shall commence on March 18th, and each commissioner district shall be equally represented on the Planning Commission. The chair of the Jefferson County Board of Commissioners shall appoint members to the commission with approval of a majority of the Board’s members. An appointment of a member shall be made from a list of applicants who shall submit a “Letter of Intent” to the Board of County Commissioners stating their qualifications for serving on the Planning Commission. Vacancy(s) shall be advertised at least twice in a legal newspaper of record having county-wide circulation. The advertisement shall encourage individuals residing in the specific commissioner district in which the vacancy occurs to apply. Vacancies resulting from the expiration of terms of office shall be filled by appointments for a term of four (4) years. Vacancies occurring for any reason other than the expiration of a term of office shall be by appointment for the unexpired term of the office being filled. In the event a Planning Commission member changes residence during their term which moves them into a different commissioner district, that member shall serve the remainder of their term. If through redistricting a Planning Commissioner is moved into a different commissioner district, they shall remain in office until their term expires. The vacant position in the appropriate district shall then be filled after the term expires.The chair of the Board of County Commissioners may remove a member of the Planning Commission after a public hearing by the Board of County Commissioners. All Board members must approve the removal. A member of the Planning Commission may be removed for inefficiency, neglect of duty, or malfeasance. The chair of the Planning Commission may grant an excused absence or a leave of absence. “Excused absence” is defined as an absence from one regular meeting. “Leave of absence” is defined as an absence from two or more regular meetings. Two unexcused absences in a row from regularly scheduled meetings shall be grounds for the Planning Commission to recommend to the Board of County Commissioners that the individual be removed from the Planning Commission. Furthermore, a member granted a leave of absence by the chair of the Planning Commission is not an active member. Only active members shall constitute the current membership. SECTION 3 - MEMBER’S RESPONSIBILITIES AND DUTIES: The duties and responsibilities of the planning commission shall be as follows: Item 6b Page 2 Amended 02-06-2013 03/06/2019 DRAFT Formatted: Font: Bold, Underline 1. Because Jefferson County has created both a planning commission and planning department (Department of Community Development – DCD) , the Planning Commission will, in accordance with RCW 36.70.040, assist the DCD in carrying out its duties, as outlined below. 2. The planning commission shall review the Jefferson County Comprehensive Plan and other planning documents to determine if the county’s plans, goals, policies, land use ordinances and regulations are promoting orderly and coordinated development within the county. The commission shall make recommendations in cooperation with DCD concerning this to the board of commissioners. 3. The planning commission shall review land use ordinances and regulationsdevelopment regulations of the county and make recommendations in cooperation with DCD regarding them to the board of commissioners. 4. The planning commission shall recommend priorities for and review studies of geographic subareas in the county in cooperation with DCD. 5. All other county boards, committees, and commissions shall coordinate their planning activities, as they relate to land use or the Jefferson County Comprehensive Plan. 6. The planning commission may hold public hearings in the exercise of its duties and responsibilities as it deems necessary. 7. The planning commission shall have such other duties and powers as heretofore have been or hereafter may be conferred upon the commission by county ordinances or as directed by resolution of the board of commissioners, the performance of such duties and exercise of such authority to be subject to the limitations expressed in such enactments. 8. The Planning Commission shall report in all matters referred to it within the time line given in County Resolution #54-97, which is forty (40) days, or within such additional time as may be specified by the Board of County Commissioners. The report of the Planning Commission shall be advisory only. SECTION 4 - OFFICERS: Officers of the Planning Commission shall be chair and vice-chair. The chair and vice-chair shall be elected annually at the first May regular meeting from among its members. In the absence of both the chair and vice-chair at a meeting or workshop, members present shall elect a temporary chair to perform those duties described by Section 5 of these by-laws. The member elected shall only serve as temporary chair for that meeting or workshop. SECTION 5 - OFFICERS’ RESPONSIBILITIES AND DUTIES: The chair of the Planning Commission shall: (1) preside at all meetings and execute the agenda of such meetings in an orderly manner and (2) officially represent the commission before organizations or groups. The vice chair shall officiate as chair in the chair’s absence. When appropriate and necessary, the chair shall establish committees and appoint members thereto. Committees are governed by the Open Public Meetings Act Item 6b Page 3 Amended 02-06-2013 03/06/2019 DRAFT Formatted: Font: Bold, Underline (Section 8 paragraph 2) and therefore require public notice of meetings and an audio record of such meeting. SECTION 6 - SECRETARY: The secretary shall be provided by the Planning Department. The secretary’s duties shall be to record the proceedings of all Planning Commission meetings. No member of the Planning Commission shall be appointed secretary. SECTION 7 – STAFF AND RESPONSIBILITIES: The Jefferson County Planning Department shall provide staff to the Planning Commission. The designated county planning staff shall (1) prepare for future meetings with the chair of the Planning Commission, (2) distribute agendas for meetings and workshops, (3) prepare the Planning Commission budget, (4) account for and process expenditures, (5) notify members by e-mail of workshops, and (6) where sufficient staff resources exist, act in any other manner deemed necessary by the Planning Commission, such as providing technical advice or developing plans, studies, or reports. SECTION 8 - MEETINGS AND WORKSHOPS: Regular meetings are typically held every first and third Wednesday of the month beginning at 5:30PM PST. Meetings may be held at an alternative time. Notification to the public of all meetings shall be made through advertising in a legal newspaper of record with county-wide circulation. Meetings requiring public notification include, but are not limited to: (1) regular meetings, (2) special meetings, (3) public hearings, (4) workshops, and (5) committee meetings. Notification will appear at least ten (10) days prior to a public hearing. Workshops can be held on matters of discussion by approval of the Planning Commission with notice to the public. No official action shall be taken at workshops. If a meeting needs to be canceled due to a lack of a quorum, a notice shall be posted on the door of the meeting place. The Planning Commission is subject to the Open Public Meetings Act which generally requires that meetings of the governing body be open to the public and that no conditions precedent to attendance by the public, except for orderly conduct, may be imposed. Therefore, a county legislative body shall not ban the use of recording devices or video cameras from the open portion of a meeting held pursuant to the Open Public Meetings Act. The county legislative body may impose restrictions on the use of recording devices, but only to the extent necessary to preserve the orderly conduct of the meeting. E-mails between the members addressing matters before the Planning Commission could be construed to be a public meeting, particularly if there was any response to such communication. Therefore, all e-mails related to matters before the Planning Commission should be forwarded to staff for appropriate distribution. Commented [AW1]: This language is required under RCW 42.30.070. This language is not in Res. 054-97. Please include this in the 2019 by-law update. Item 6b Page 4 Amended 02-06-2013 03/06/2019 DRAFT Formatted: Font: Bold, Underline SECTION 9 - CONDUCT: Except where in conflict with these By-laws, Roberts Rules of Order shall guide the conduct of all public meetings and hearings of the Planning Commission. SECTION 10 - QUORUM: A majority of the Planning Commission membership, being not fewer than (5) five, shall constitute a quorum for the consideration of most items of business, with a majority vote of those present being sufficient to take action. Comprehensive Plan Changes, Zoning Changes, By-Law Changes, Unified Development Code (UDC) development regulation changes and other site-specific approvals shall be by the affirmative vote of not fewer than (5) five members - a majority of the total membership. In the event of a challenge to a member or members of a decision-making body which would cause a lack of a quorum or would result in a failure to obtain a majority vote as required by law, any such challenged member(s) shall be permitted to fully participate in the proceeding and vote as though the challenge had not occurred, if the member or members publicly disclose the basis for disqualification prior to rendering a decision. Such participation shall not subject the decision to a challenge by reason of violation of the appearance of fairness doctrine (RCW 42.36.090, Participation of challenged member of decision-making body). SECTION 11 - VOTING: All members are entitled to one vote. A vote shall be either (1) yeah, (2) nay, or (3) abstain. An abstention per Roberts Rules of Order is not counted as a nay vote. If a member recuses themselves, they shall leave the room and not take part in any of the discussion pertaining to the matter before the Planning Commission. All matters acted on shall be recorded as written motions. The chair is a Planning Commission member and is therefore allowed one vote on all issues. Some matters before the Planning Commission (e.g., election of officers, approval of the Planning Commission’s minutes, setting dates and times for special meetings, etc.) are administrative and not quasi-judicial in nature. Such administrative matters shall be decided by a majority vote of the members present. SECTION 12 - BUDGET: A preliminary budget for the Planning Commission shall be prepared by the Jefferson County Planning Department. An itemized estimate of expenditures for the ensuing calendar year shall be included in the preliminary budget. The preliminary budget shall be reviewed by members at the earliest possible time so the members may express any shortcomings in the budget and make a recommendation direct to the Board of County Commissioners to address the Planning Commission’s needs. The budget shall become final in December without further review by the Planning Commission, unless there is a substantial change. The budget and any amendments thereof shall be prepared in accordance with requirements established by the Jefferson County Auditor. SECTION 13 - CLAIMS FOR EXPENDITURES: All claims for expenditures for operating the Planning Commission shall be made by the Jefferson County Planning Department in accordance with requirements established by the Jefferson County Auditor. All claims shall be reviewed by the Director of the Department of Community Item 6b Page 5 Amended 02-06-2013 03/06/2019 DRAFT Formatted: Font: Bold, Underline Development and approved by the Board of County Commissioners. Any requests to claim mileage, expenses for attending a conference, seminar, or similar session shall be approved by the Board of County Commissioners. SECTION 14 – APPEARANCE OF FAIRNESS: Application of the Appearance of Fairness Doctrine to local land use decisions shall be limited to the quasi-judicial actions of local decision-making bodies as defined in this section. Quasi-judicial actions of local decision-making bodies are those actions of the legislative body, planning commission, hearing examiner, zoning adjuster, board of adjustment, or boards which determine the legal rights, duties, or privileges of specific parties in a hearing or another contested case processing. Quasi-judicial actions do not include the legislative actions adopting, amending, or revising comprehensive, community, or neighborhood plans or other land use planning documents or the adoption of area-wide zoning ordinances or the adoption of a zoning amend that is of area-wide significance (RCW 42.36.010, Local land use decisions). In quasi-judicial actions, Members shall disclose any and all personal benefits, gains, advantages to themselves, friends or immediate family; “Immediate family” means spouses, dependents, anyone residing in the person’s household, and anyone within three degrees of relationship by blood, marriage or domestic partner. Even though Legislative decisions do not require disclosure as detailed in paragraphs 1 and 2 of this section, Planning Commissioners may recuse themselves in Legislative matters if the commissioner feels that, due to public perception or other consideration, the Planning Commission's business would be negatively impacted. No former Planning commissioner shall, within two years after his or her term on the Planning Commission has ended, knowingly act as agent, consultant or attorney for anyone other than Jefferson County in connection with any particular matter in which the county is a party, if the Planning Commissioner participated personally and substantially in that particular matter while on the Planning Commission. A planning commissioner who is a candidate for public office and who complies with all provisions of applicable public disclosure and ethics laws shall not be limited from accepting campaign contributions to finance the campaign, including outstanding debts; nor shall it be a violation of the Appearance of Fairness Doctrine to accept such campaign contributions (RCW 42.36.050, Campaign Contributions). SECTION 15 - REPORTS: Reports of official Planning Commission reviews or official recommendations shall include only that which has been approved by a majority vote of the members present as expressed in Section 10. Drafts of reports of official Planning Commission reviews or official recommendations shall be reviewed, corrected as necessary, and adopted by a majority vote of the Planning Commission members present. Under exceptional circumstances, where time is of the essence, this rule may be suspended by a two-thirds majority of the Planning Commissioners in attendance. Should this rule be suspended, the drafters of the subject report shall make a good faith effort to have the subject draft report reviewed by as many Planning Commissioners as feasible. Under such circumstances, such reports will be sent to the Planning Commissioners immediately upon completion. Further, this means of adoption shall be noted on the facing page of such document. Item 6b Page 6 Amended 02-06-2013 03/06/2019 DRAFT Formatted: Font: Bold, Underline A Planning Commission minority report may be submitted with a majority report. A minority report shall (1) contain the concurrent opinion of two or more Planning Commission members who participated in the discussion and voted in the negative, (2) be signed by such members, (3) not contain diverging opinions, and (4) contain an issue relating directly to the majority report with which it is submitted. One or more business days before any minority report is submitted to the Board of County Commissioners, a copy of such minority report shall be (1) submitted to the Planning Commission secretary and (2) made reasonably available to all Planning Commission members. The timing of minority reports shall follow the same time line as the Planning Commission majority report and be submitted in the same Board of County Commissioners packet. Such minority report shall be disseminated to the entire Planning Commission on the day the minority and majority reports are submitted to the Board packets. SECTION 16 - AMENDMENTS: Amendment to these By-Laws may be made at any regular meeting of the Planning Commission, provided the following conditions have been met: a. The proposed change has been an item of business at the previous meeting; b. The proposed change has been e-mailed to the membership ten (10) days prior to the meeting considering the proposed change; c. The proposed change is not in conflict with the statutes which authorize the Planning Commission; and d. The proposed change receives an affirmative vote of no fewer than (5) five members - a majority of the total membership. SECTION 17 - REPEALER: All previous by-laws of the Jefferson County Planning Commission are hereby repealed. SECTION 18 - ADOPTION: These by-laws, as amended, are hereby adopted this 6th day of February, 2013. Jefferson County Planning Commission ________________________________ Bill MillerMichael Nilssen, Chair ________________________________ Michelle McConnellNicole Allen, Interim Secretary Original adoption date 7/23/97; Amended Section 17 on 11/17/99 and 12/1/99; Amended Section 4 on 6/21/00; Amended Section 13 on 7/19/00; Amended Sections 12 & 13 on 5/16/01; Entire revision on 8/6/03; Amended Section 4 on 4/18/07; Amended Section 14 on 1/16/08; Amended Sections 3, 9, 10, 11, 14 & 16 on 9/3/08; Amended Sections 4 and 8 on 6/1/11; Amended Section 8 on 2/6/13.; Amended Section 3 and 10 on XX/XX/2019. Item 6b Item 6c Item 6c Item 6c Item 6c Page 1 Amended 02-06-2013 BY-LAWS Of the Jefferson County Planning Commission SECTION 1 - AUTHORITY: These by-laws are promulgated in compliance with Chapter 36.70 of the Revised Code of Washington, the Washington Planning Enabling Act, and Jefferson County Resolution No. 54-97, which recognized the Jefferson County Planning Department and reconstituted a new Planning Commission. SECTION 2 - MEMBERSHIP: The Planning Commission shall be comprised of nine members from Jefferson County, and Members of the Planning Commission shall be appointed by the Board of County Commissioners for a term of four years which shall commence on March 18th, and each commissioner district shall be equally represented on the Planning Commission. The chair of the Jefferson County Board of Commissioners shall appoint members to the commission with approval of a majority of the Board’s members. An appointment of a member shall be made from a list of applicants who shall submit a “Letter of Intent” to the Board of County Commissioners stating their qualifications for serving on the Planning Commission. Vacancy(s) shall be advertised at least twice in a legal newspaper of record having county-wide circulation. The advertisement shall encourage individuals residing in the specific commissioner district in which the vacancy occurs to apply. Vacancies resulting from the expiration of terms of office shall be filled by appointments for a term of four (4) years. Vacancies occurring for any reason other than the expiration of a term of office shall be by appointment for the unexpired term of the office being filled. In the event a Planning Commission member changes residence during their term which moves them into a different commissioner district, that member shall serve the remainder of their term. If through redistricting, a Planning Commissioner is moved into a different commissioner district, they shall remain in office until their term expires. The vacant position in the appropriate district shall then be filled after the term expires. The chair of the Board of County Commissioners may remove a member of the Planning Commission after a public hearing by the Board of County Commissioners. All Board members must approve the removal. A member of the Planning Commission may be removed for inefficiency, neglect of duty, or malfeasance. The chair of the Planning Commission may grant an excused absence or a leave of absence. “Excused absence” is defined as an absence from one regular meeting. “Leave of absence” is defined as an absence from two or more regular meetings. Two unexcused absences in a row from regularly scheduled meetings shall be grounds for the Planning Commission to recommend to the Board of County Commissioners that the individual be removed from the Planning Commission. Furthermore, a member granted a leave of absence by the chair of the Planning Commission is not an active member. Only active members shall constitute the current membership. SECTION 3 - MEMBER’S RESPONSIBILITIES AND DUTIES: The duties and responsibilities of the planning commission shall be as follows: Formatted: Indent: First line: 0" Item 6d Page 2 Amended 02-06-2013 1. Because Jefferson County has created both a planning commission and planning department (Department of Community Development – DCD) ,), the Planning Commission will, in accordance with RCW 36.70.040, assist the DCD in carrying out its duties, as outlined below. 2. The planning commission shall review the Jefferson County Comprehensive Plan and other planning documents to determine if the county’s plans, goals, policies, land use ordinances and regulations are promoting orderly and coordinated development within the county. The commission shall make recommendations in cooperation with DCD concerning this to the board of commissioners. 3. The planning commission shall review land use ordinances and regulations of the county and make recommendations in cooperation with DCD regarding them to the board of commissioners. 4. The planning commission shall recommend priorities for and review studies of geographic subareas in the county in cooperation with DCD. 5. All other county boards, committees, and commissions shall coordinate their planning activities, as they relate to land use or the Jefferson County Comprehensive Plan. 6. The planning commission may hold public hearings in the exercise of its duties and responsibilities as it deems necessary. 7. The planning commission shall have such other duties and powers as heretofore have been or hereafter may be conferred upon the commission by county ordinances or as directed by resolution of the board of commissioners, the performance of such duties and exercise of such authority to be subject to the limitations expressed in such enactments. 8. The Planning Commission shall report in all matters findings referred to it within the time line given in County Resolution #54-97, which is forty (40) days, or within such additional time as may be specified by the Board of County Commissioners. The report of the Planning Commission shall be advisory only. SECTION 4 - OFFICERS: SECTION 4 ‐ OFFICERS: Officers of the Planning Commission shall be chair and vice‐ chair. Candidates for chair and vice chair shall be nominated from the floor annually at the first regular meeting in September from among its members. The election shall take place at the next scheduled meeting unless 2/3 of currently seated (and active) members vote at the nominating meeting to hold the election at the same meeting. Nominations from the floor can also take place at the second/election meeting (if held). In the absence of both the chair and vice chair at a meeting or workshop, members present shall elect a temporary chair to perform those duties described by Section 5 of these by‐laws. The member elected shall only serve as temporary chair for that meeting or workshop. Item 6d Page 3 Amended 02-06-2013 Officers of the Planning Commission shall be chair and vice-chair. The chair and vice- chair shall be elected annually at the first May October regular meeting from among its members. In the absence of both the chair and vice-chair at a meeting or workshop, members present shall elect a temporary chair to perform those duties described by Section 5 of these by-laws. The member elected shall only serve as temporary chair for that meeting or workshop. SECTION 5 - OFFICERS’ RESPONSIBILITIES AND DUTIES: The chair of the Planning Commission shall: (: (1) preside at all meetings and execute the agenda of such meetings in an orderly manner and (2) officially represent the commission before organizations or groups. The vice chair shall officiate as chair in the chair’s absence. When appropriate and necessary, the chair shall establish committees and appoint members thereto. Committees are governed by the Open Public Meetings Act (Section 8 paragraph 2) and therefore require public notice of meetings and an audio record of such meeting. SECTION 6 - SECRETARY: The secretary shall be provided by the Planning Department. The secretary’s duties shall be to record and document the proceedings of all Planning Commission meetings. No member of the Planning Commission shall be appointed secretary. SECTION 7 – STAFF AND RESPONSIBILITIES: The Jefferson County Planning Department shall provide staff to the Planning Commission. The designated county planning staff shall (1) prepare for future meetings with the chair of the Planning Commission, (2) distribute agendas for meetings and workshops, (3) prepare the Planning Commission budget, (4) account for and process expenditures, (5) notify members by e-mail of workshops, and (6) where sufficient staff resources exist, act in any other manner deemed necessary by the Planning Commission, such as providing technical advice or developing plans, studies, or reports. SECTION 8 - MEETINGS AND WORKSHOPS: Notification to the public of all meetings shall be made through advertising in a legal newspaper of record with county-wide circulation. Meetings requiring public notification include, butinclude but are not limited to: (1) regular meetings, (2) special meetings, (3) public hearings, (4) workshops, and (5) committee meetings. Notification will appear at least ten (10) days prior to a public hearing. Workshops can be held on matters of discussion by approval of the Planning Commission with notice to the public. No official action shall be taken at workshops. If a meeting needs to be canceled due to a lack of a quorum, a notice shall be posted on the door of the meeting place. The Planning Commission is subject to the Open Public Meetings Act which generally requires that meetings of the governing body be open to the public and that no conditions precedent to attendance by the public, except for orderly conduct, may be imposed. Therefore, a county legislative body shall not ban the use of recording Formatted: Strikethrough Item 6d Page 4 Amended 02-06-2013 devices or video cameras from the open portion of a meeting held pursuant to the Open Public Meetings Act. The county legislative body may impose restrictions on the use of recording devices, but only to the extent necessary to preserve the orderly conduct of the meeting. E-mails between the members addressing matters before the Planning Commission could be construed to be a public meeting, particularly if there was any response to such communication. Therefore, all e-mails related to matters before the Planning Commission should must be forwarded to the planning desk at pcommissiondesk@co.jefferson.wa.us staff for appropriate distribution. SECTION 9 - CONDUCT: Except where in conflict with these By-laws, Roberts Rules of Order for small businesses or commissions shall guide the conduct of all public meetings and hearings of the Planning Commission. SECTION 10 - QUORUM: A majority of the Planning Commission membership, being not fewer than (5) five, shall constitute a quorum for the consideration of most items of business, with a majority vote of those present being sufficient to take action. Comprehensive Plan Changes, Zoning Changes, By-Law Changes, Unified Development Code (UDC) changes and other site-specific approvals shall be by the affirmative vote of not fewer than (5) five members - a majority of the total membership. In the event of a challenge to a member or members of a decision-making body which would cause a lack of a quorum or would result in a failure to obtain a majority vote as required by law, any such challenged member(s) shall be permitted to fully participate in the proceeding and vote as though the challenge had not occurred, if the member or members publicly disclose the basis for disqualification prior to rendering a decision. Such participation shall not subject the decision to a challenge by reason of violation of the appearance of fairness doctrine (RCW 42.36.090, Participation of challenged member of decision-making body). SECTION 11 - VOTING: All members are entitled to one vote. A vote shall be either (1) yeah, (2) nay, or (3) abstain. An abstention per Roberts Rules of Order is not counted as a nay vote. If a member recuses themselves, they shall leave the room and not take part in any of the discussion pertaining to the matter before the Planning Commission. All matters acted on shall be recorded as written motions. The chair is a Planning Commission member and is therefore allowed one vote on all issues. Some matters before the Planning Commission (e.g., election of officers, approval of the Planning Commission’s minutes, setting dates and times for special meetings, etc.) are administrative and not quasi-judicial in nature. Such administrative matters shall be decided by a majority vote of the members present. SECTION 12 - BUDGET: A preliminary budget for the Planning Commission shall be prepared by the Jefferson County Planning Department. An itemized estimate of expenditures for the ensuing calendar year shall be included in the preliminary budget. The preliminary budget shall be reviewed by members at the earliest possible time so the members may express any shortcomings in the budget and make a recommendation direct to the Board of County Commissioners to address the Planning Commission’s needs. Field Code Changed Formatted: Font color: Blue Formatted: Font: 12 pt, Font color: Blue Formatted: Font color: Blue Formatted: Font: 12 pt, Font color: Blue Formatted: Strikethrough Item 6d Page 5 Amended 02-06-2013 The budget shall become final in December without further review by the Planning Commission, unless there is a substantial change. The budget and any amendments thereof shall be prepared in accordance with requirements established by the Jefferson County Auditor. SECTION 13 - CLAIMS FOR EXPENDITURES: All claims for expenditures for operating the Planning Commission shall be made by the Jefferson County Planning Department in accordance with requirements established by the Jefferson County Auditor. All claims shall be reviewed by the Director of the Department of Community Development and approved by the Board of County Commissioners. Any requests to claim mileage, expenses for attending a conference, seminar, or similar session shall be approved by the Board of County Commissioners. SECTION 14 – APPEARANCE OF FAIRNESS: Application of the Appearance of Fairness Doctrine to local land use decisions shall be limited to the quasi-judicial actions of local decision-making bodies as defined in this section. Quasi-judicial actions of local decision-making bodies are those actions of the legislative body, planning commission, hearing examiner, zoning adjuster, board of adjustment, or boards which determine the legal rights, duties, or privileges of specific parties in a hearing or another contested case processing. Quasi-judicial actions do not include the legislative actions adopting, amending, or revising comprehensive, community, or neighborhood plans or other land use planning documents or the adoption of area-wide zoning ordinances or the adoption of a zoning amend that is of area-wide significance (RCW 42.36.010, Local land use decisions). In quasi-judicial actions, Members shall disclose any and all personal benefits, gains, advantages to themselves, friends or immediate family; “Immediate family” means spouses, dependents, anyone residing in the person’s household, and anyone within three degrees of relationship by blood, marriage or domestic partner. Even though Legislative decisions do not require disclosure as detailed in paragraphs 1 and 2 of this section, Planning Commissioners may recuse themselves in Legislative matters if the commissioner feels that, due to public perception or other consideration, the Planning Commission's business would be negatively impacted. No former Planning Ccommissioner Member shall, within two years after his or her term on the Planning Commission has ended, knowingly act as agent, consultant or attorney for anyone other than Jefferson County in connection with any particular matter in which the county is a party, if the Planning Commissioner participated personally and substantially in that particular matter while on the Planning Commission. A planning commissioner who is a candidate for public office and who complies with all provisions of applicable public disclosure and ethics laws shall not be limited from accepting campaign contributions to finance the campaign, including outstanding debts; nor shall it be a violation of the Appearance of Fairness Doctrine to accept such campaign contributions (RCW 42.36.050, Campaign Contributions). SECTION 15 - REPORTS: Reports of official Planning Commission reviews or official recommendations shall include only that which has been approved by a majority vote of the members present as expressed in Section 10. Item 6d Page 6 Amended 02-06-2013 Drafts of reports of official Planning Commission reviews or official recommendations shall be reviewed, corrected as necessary, and adopted by a majority vote of the Planning Commission members present. Under exceptional circumstances, where time is of the essence, this rule may be suspended by a two-thirds majority of the Planning Commissioners members in attendance. Should this rule be suspended, the drafters of the subject report shall make a gooda good faith effort to have the subject draft report reviewed by as many Planning Commissioners Members as feasible. Under such circumstances, such reports will be sent to the Planning Commissioners immediately upon completion. Further, this means of adoption shall be noted on the facing page of such document. A Planning Commission minority report may be submitted with a majority report. A minority report shall (1) contain the concurrent opinion of two or more Planning Commission members who participated in the discussion and voted in the negative, (2) be signed by such members, (3) not contain diverging opinions, and (4) contain an issue relating directly to the majority report with which it is submitted. One or more business days before any minority report is submitted to the Board of County Commissioners, a copy of such minority report shall be (1) submitted to the Planning Commission secretary and (2) made reasonably available to all Planning Commission members. The timing of minority reports shall follow the same time linetimeline as the Planning Commission majority report and be submitted in the same Board of County Commissioners packet. Such minority report shall be disseminated to the entire Planning Commission on the day the minority and majority reports are submitted to the Board packets. SECTION 16 - AMENDMENTS: Amendment to these By-Laws may be made at any regular meeting of the Planning Commission, provided the following conditions have been met: a. The proposed change has been an item of business at the previous meeting; b. The proposed change has been e-mailed to the membership ten (10) days prior to the meeting considering the proposed change; c. The proposed change is not in conflict with the statutes which authorize the Planning Commission; and d. The proposed change receives an affirmative vote of no fewer than (5) five members - a majority of the total membership. SECTION 17 - REPEALER: All previous by-laws of the Jefferson County Planning Commission are hereby repealed. SECTION 18 - ADOPTION: These by-laws, as amended, are hereby adopted this 6th day of February, 2013. Jefferson County Planning Commission ________________________________ Bill MillerMichael Nilssen, Chair ________________________________ Item 6d Page 7 Amended 02-06-2013 Michelle McConnellNichole Allen, Interim Secretary Original adoption date 7/23/97; Amended Section 17 on 11/17/99 and 12/1/99; Amended Section 4 on 6/21/00; Amended Section 13 on 7/19/00; Amended Sections 12 & 13 on 5/16/01; Entire revision on 8/6/03; Amended Section 4 on 4/18/07; Amended Section 14 on 1/16/08; Amended Sections 3, 9, 10, 11, 14 & 16 on 9/3/08; Amended Sections 4 and 8 on 6/1/11; Amended Section 8 on 2/6/13. Item 6d Page 1 Amended 02-06-2013 Formatted: Highlight BY-LAWS Of the Jefferson County Planning Commission SECTION 1 - AUTHORITY: These by-laws are promulgated in compliance with the Washington Planning Enabling Act, Chapter 36.70 of the Revised Code of Washington (RCW), the Washington Planning Enabling Act, 18.05.050 of the Jefferson County Code (JCC) and Jefferson County Resolution No. 54-97, which resolution recognized the Jefferson County Planning Department and reconstituted a new Planning Commission. SECTION 2 - MEMBERSHIP: The Planning Commission shall be comprised of nine members from Jefferson County, . and Members of the Planning Commission shall be appointed by the Board of County Commissioners (Board) for a term of four years, which shall commence on March 18th., and eEach commissioner district shall be equally represented on the Planning Commission. The chair of the Jefferson County Board of Commissioners shall appoint members to the Planning cCommission with approval of a majority of the Board’s members. An appointment of a member to the Planning Commission shall be made from a list of applicants who shall submit a “Letter of Intent” to the Board of County Commissioners stating their qualifications for serving on the Planning Commission. Vacancy(ies) on the Planning Commission shall be advertised at least twice in a legal newspaper of record having county-wide circulation. The advertisement shall encourage individuals residing in the specific commissioner district in which the vacancy occurs to apply. Vacancies resulting from the expiration of terms of office shall be filled by appointments for a term of four (4) years. Vacancies occurring for any reason other than the expiration of a term of office shall be by appointment for the unexpired term of the office being filled. In the eventIf a Planning Commission member changes residence during their a term which that results in the member moves moving them into a different commissioner district, that member shall serve the remainder of their term. If through redistricting, a Planning Commissionermember is moved into a different commissioner district, they shall remain in office until their term expires. The vacant position in the appropriate district shall then be filled after the term expires. Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Hyperlink, Font: Times New Roman, 10 pt, Not Bold Formatted: Superscript Item 6e Page 2 Amended 02-06-2013 Formatted: Highlight The chair of the Board of County Commissioners may remove a member of the Planning Commission after a public hearing by the Board of County Commissioners. All Board members must approve the removal. A member of the Planning Commission may be removed for inefficiency, neglect of duty, or malfeasance. The chair of the Planning Commission may grant an excused absence or a leave of absence. “Excused absence” is defined as an absence from one regular meeting. “Leave of absence” is defined as an absence from two or more regular meetings. Two unexcused absences in a row from regularly scheduled meetings shall be grounds for the Planning Commission to recommend to the Board of County Commissioners that the individual member be removed from the Planning Commission. Furthermore, aA member granted a leave of absence by the chair of the Planning Commission is not an active member. Only active members shall constitute the current membership of the Planning Commission. SECTION 3 - MEMBER’S RESPONSIBILITIES AND DUTIES: The duties and responsibilities of the planning Planning commission Commission shall be as follows: 1. The Planning Commission shall not make recommendations to the Board that are inconsistent with state or local law as reflected in the Washington Constitution, the RCWs, the Washington Administrative Code (WAC), the JCC or any other Jefferson County ordinances or resolutions. 2. The Planning Commission shall not make recommendations that are inconsistent with WAC 365-196-725, which states that comprehensive plans and development regulations adopted under the Growth Management Act (Chapter 36.70A RCW) are subject to the supremacy principle of Article VI, United States Constitution and of Article XI, Section 11, Washington state Constitution. 1.3. Because Jefferson County has created both a planning commission and planning department (Department of Community Development – “DCD”), the Planning Commission will, in accordance with RCW 36.70.040, assist the DCD in carrying out its duties, as outlined below. 2.4. The planning Planning commission Commission shall review the Jefferson County Comprehensive Plan and other planning documents to determine if the Item 6e Page 3 Amended 02-06-2013 Formatted: Highlight county’s plans, goals, policies, land use ordinances and regulations are promoting orderly and coordinated development within the Jefferson countyCounty. The Planning commission Commission shall make recommendations in cooperation with DCD concerning this to the board Boardof commissioners. 3.5. The planning Planning commission Commission shall review land use ordinances anddevelopment regulations of the Jefferson county County and make recommendations in cooperation with DCD regarding them to the board Boardof commissioners. 4.6. The planning Planning commission Commission shall recommend priorities for and review studies of geographic subareas in the Jefferson county County in cooperation with DCD. 5.7. All other county boards, committees, and commissions shall coordinate with the Planning Commission their planning activities, as they relate to land use or the Jefferson County Comprehensive Plan. 6.8. The planning Planning commission Commission may hold public hearings in the exercise of its duties and responsibilities as it deems necessary. 7.9. The planning Planning commission Commission shall have such other duties and powers as heretofore have been or hereafter may be conferred upon the commission by Jefferson county County ordinances or as directed by resolution of the board Boardof commissioners, the performance of such duties and exercise of such authority to be subject to the limitations expressed in such enactments. 8.10. The Planning Commission shall report in all matters findings referred to it within the time line given in County Resolution #54-97, which is forty (40) days, or within such additional time as may be specified by the Board of County Commissioners. The report of the Planning Commission shall be advisory only. SECTION 4 - OFFICERS: SECTION 4 ‐ OFFICERS: Officers of the Planning Commission shall be chair and vice‐ chair. Candidates for chair and vice chair shall be nominated from the floor annually at the first regular meeting in September from among its members. Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Cambria Math, 12 pt Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Cambria Math, 12 pt Formatted: Font: (Default) Arial, 12 pt Item 6e Page 4 Amended 02-06-2013 Formatted: Highlight The election shall take place at the next scheduled meeting unless 2/3 of currently seated (and active) members of the Planning Commission vote at the nominating meeting to hold the election at the same meeting. Nominations from the floor can also take place at the second/election meeting (if held). In the absence of both the chair and vice chair at a meeting or workshop, members present shall elect a temporary chair to perform those duties described by Section 5 of these by‐laws. The member elected temporary chair shall only serve as temporary chair for that meeting or workshop. Officers of the Planning Commission shall be chair and vice-chair. The chair and vice- chair shall be elected annually at the first May October regular meeting from among its members. In the absence of both the chair and vice-chair at a meeting or workshop, members present shall elect a temporary chair to perform those duties described by Section 5 of these by-laws. The member elected shall only serve as temporary chair for that meeting or workshop. SECTION 5 - OFFICERS’ RESPONSIBILITIES AND DUTIES: The chair of the Planning Commission shall: (: (1) preside at all meetings and execute the agenda of such meetings in an orderly manner; and, (2) officially represent the Planning commission Commission before organizations or groups. The vice chair shall officiate as chair in the chair’s absence. SECTION 6 – COMMITTEES OF LESS THAN A QUORUM OF THE PLANNING COMMISSION When appropriate and necessary, the chair shall establish committees and appoint members theretoto them. If made up of less than a quorum of the Planning Commission, Committees are not governed by the Open Public Meetings Act (Section 8 paragraph 2Chapter 42.30 RCW) and therefore do not require public notice of committee meetings and or an audio record of such Committee meeting. SECTION 6 7 - SECRETARY: The secretary shall be provided by the Planning Department. The secretary’s duties shall be to record and document the proceedings of all Planning Commission meetings. No member of the Planning Commission shall be appointed secretary. SECTION 7 8 – STAFF AND RESPONSIBILITIES: Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Cambria Math, 12 pt Formatted: Font: (Default) Arial, 12 pt Formatted: Strikethrough Item 6e Page 5 Amended 02-06-2013 Formatted: Highlight The Jefferson County Planning Department shall provide staff to the Planning Commission. The designated county planning staff shall: (1) prepare for future meetings with the chair of the Planning Commission, (2) distribute agendas for meetings and workshops, (3) prepare the Planning Commission budget, (4) account for and process expenditures, (5) notify members by e-mail of workshops, and, (6) where sufficient staff resources exist, act in any other manner deemed necessary by the Planning Commission, such as providing technical advice or developing plans, studies, or reports. SECTION 8 9 - MEETINGS AND WORKSHOPS: Since the Board is required to consider its recommendations, the Open Public Meetings Act (Chapter 42.30 RCW) applies to any scheduled Planning Commission meeting. The Planning Commission shall follow the requirements of the Open Public Meetings Act. Any action taken in violation of the Open Public Meetings Act subjects all persons who participate in the meeting to liability under the Open Public Meetings Act. Under the Open Public Meetings Act, “action” is defined broadly to include “the transaction of the official business … including but not limited to receipt of public testimony, deliberations, discussions, considerations, reviews, evaluations, and final actions.” RCW 42.30.020(3). Notification to the public of all Planning Commission meetings shall be made through advertising in a legal newspaper of record with county-wide circulation. Planning Commission Meetings meetings requiring public notification include, butinclude but are not limited to: (1) regular meetings, (2) special meetings, (3) public hearings, (4) workshops, and (5) committee meetings. Notification will appear at least ten (10) days prior to a public hearing. Workshops can be held on matters of discussion by approval of the Planning Commission with notice to the public. No official action shall be taken at any meetings or workshops that involve a quorum of the Planning Commission. If a meeting needs to be canceled due to a lack of a quorum, a notice shall be posted on the door of the meeting place. The Planning Commission is subject to the The Open Public Meetings Act, which generally requires that meetings of the governing bodyan agency be open to the public and that no conditions precedent to attendance by the public, except for orderly conduct, may be imposed. Therefore, the Planning Commission shall not ban the use of recording devices or video cameras from the open portion of a meeting held pursuant to the Open Public Meetings Act. The county legislative bodyPlanning Commission may impose restrictions on the use of recording devices, but only to the extent necessary to preserve the orderly conduct of the meeting. E-mails between the members addressing matters before the Planning Commission could be construed to be a virtual public meeting, particularly if there was any response to such communication. Therefore, all e-mails related to matters before the Planning Item 6e Page 6 Amended 02-06-2013 Formatted: Highlight Commission should must be forwarded to the planning desk at pcommissiondesk@co.jefferson.wa.us staff for appropriate distribution. SECTION 9 10 - CONDUCT: Except where in conflict with these By-laws, Robert’s Rules for Small Boards, Robert’s Rules of Order Newly Revised, 11th edition, pp. 487-488 (Robert’s Rules for Small Boards) Roberts Rules of Order for small businesses or commissions shall guide the conduct of all public meetings and hearings of the Planning Commission. SECTION 10 11 -– QUORUM: Under the Open Public Meetings Act, Chapter 42.30 RCW the Planning Commission can take no action by secret ballot. RCW 41.30.060. A majority of the Planning Commission membership, being not fewer than (5) five, shall constitute a quorum for the consideration of most items of businessaction, with a majority vote of those present being sufficient to take action. Comprehensive Plan Changes, Zoning Changes, By-Law Changes, Unified Development Code (UDC) changes and other site-specific approvals shall be by the affirmative vote of notno fewer than (5) five members - a majority of the total membership. In the event of a challenge to a member or members of a decision-making body which would cause a lack of a quorum or would result in a failure to obtain a majority vote as required by law, any such challenged member(s) shall be permitted to fully participate in the proceeding and vote as though the challenge had not occurred, if the member or members publicly disclose the basis for disqualification prior to rendering a decision. Such participation shall not subject the decision to a challenge by reason of violation of the appearance of fairness doctrine (RCW 42.36.090, Participation of challenged member of decision-making body). SECTION 11 12 - VOTING: All members are entitled to one vote. A vote shall be either (1) yeah, (2) nay, or (3) abstain. An abstention per Robert’s Rules for Small BoardsRoberts Rules of Order is not counted as a nay vote. If a member recuses themselves, they shall leave the room and not take part in any of the discussion pertaining to the matter before the Planning Commission. All matters acted on shall be recorded as written motions. The chair is a Planning Commission member and is therefore allowed one vote on all issues. Field Code Changed Formatted: Font color: Blue Formatted: Font: 12 pt, Font color: Blue Formatted: Font color: Blue Formatted: Font: 12 pt, Font color: Blue Formatted: Strikethrough Commented [PH1]: See: https://jurassicparliament.com/wp-content/uploads/2019/05/Small-board-rules-different.pdf Commented [PH2]: I can find no document with this name. See https://robertsrules.com/books/ . Best to get the name correct. Formatted: Keep with next Commented [PH3]: Appearance of fairness doctrine does not apply. It only applies to members of a decision-making body. RCW 42.36.090. The Planning Commission is not a decision-making body. Item 6e Page 7 Amended 02-06-2013 Formatted: Highlight Some matters before the Planning Commission (e.g., election of officers, approval of the Planning Commission’s minutes, setting dates and times for special meetings, etc.) are administrative and not quasi-judicial in nature. Such administrative matters shall be decided by a majority vote of the active members present. SECTION 12 13 - BUDGET: A preliminary budget for the Planning Commission shall be prepared by the Jefferson County Planning DepartmentDCD. An itemized estimate of expenditures for the ensuing calendar year shall be included in the preliminary budget. The preliminary budget shall be reviewed by members of the Planning Commission at the earliest possible time so the members may express any shortcomings in the budget and make a recommendation direct to the Board of County Commissioners to address the Planning Commission’s needs. The budget shall become final in December without further review by the Planning Commission, unless there is a substantial change. The budget and any amendments thereof shall be prepared in accordance with requirements established by the Jefferson County Auditor. SECTION 13 14 - CLAIMS FOR EXPENDITURES: All claims for expenditures for operating the Planning Commission shall be made by the Jefferson County Planning DepartmentDCD in accordance with requirements established by the Jefferson County Auditor. All claims shall be reviewed by the Director of the Department of Community DevelopmentDCD and approved by the Board of County Commissioners. Any requests to claim mileage, expenses for attending a conference, seminar, or similar session shall be approved by the Board of County Commissioners. SECTION 14 – APPEARANCE OF FAIRNESS: Application of the Appearance of Fairness Doctrine to local land use decisions shall be limited to the quasi-judicial actions of local decision-making bodies as defined in this section. Quasi-judicial actions of local decision-making bodies are those actions of the legislative body, planning commission, hearing examiner, zoning adjuster, board of adjustment, or boards which determine the legal rights, duties, or privileges of specific parties in a hearing or another contested case processing. Quasi-judicial actions do not include the legislative actions adopting, amending, or revising comprehensive, community, or neighborhood plans or other land use planning documents or the adoption of area-wide zoning ordinances or the adoption of a zoning amend that is of area-wide significance (RCW 42.36.010, Local land use decisions).In quasi-judicial actions, Members shall disclose any and all personal benefits, gains, advantages to themselves, friends or immediate family; “Immediate family” means spouses, Commented [PH4]: Appearance of fairness doctrine does not apply. It only applies to members of a decision-making body. RCW 42.36.090. The Planning Commission is not a decision-making body. Item 6e Page 8 Amended 02-06-2013 Formatted: Highlight dependents, anyone residing in the person’s household, and anyone within three degrees of relationship by blood, marriage or domestic partner. Even though Legislative decisions do not require disclosure as detailed in paragraphs 1 and 2 of this section, Planning Commissioners may recuse themselves in Legislative matters if the commissioner feels that, due to public perception or other consideration, the Planning Commission's business would be negatively impacted. No former Planning Ccommissioner Member shall, within two years after his or her term on the Planning Commission has ended, knowingly act as agent, consultant or attorney for anyone other than Jefferson County in connection with any particular matter in which the county is a party, if the Planning Commissioner participated personally and substantially in that particular matter while on the Planning Commission. A planning commissioner who is a candidate for public office and who complies with all provisions of applicable public disclosure and ethics laws shall not be limited from accepting campaign contributions to finance the campaign, including outstanding debts; nor shall it be a violation of the Appearance of Fairness Doctrine to accept such campaign contributions (RCW 42.36.050, Campaign Contributions). SECTION 15 - REPORTS: Reports of official Planning Commission reviews or official recommendations shall include only that which has been approved by a majority vote of the members present as expressed in Section 1011. Drafts of reports of official Planning Commission reviews or official recommendations shall be reviewed, corrected as necessary, and adopted by a majority vote of the Planning Commission active members present. Under exceptional circumstances, where time is of the essence, this rule may be suspended by a two-thirds majority of the Planning Commissioners members in attendance. Should this rule be suspended, the drafters of the subject report shall make a gooda good faith effort to have the subject draft report reviewed by as many Planning Commissioners Members as feasible. Under such circumstances, such reports will be sent to the Planning Commissioners Commissioner members immediately upon completion. Further, this means of adoption shall be noted on the facing page of such document. A Planning Commission minority report may be submitted with a majority report. A minority report shall: (1) contain the concurrent opinion of two or more Planning Commission members who participated in the discussion and voted in the negative, ; (2) be signed by such members, ; (3) not contain diverging opinions, ; and, (4) contain an issue relating directly to the majority report with which it is submitted. Item 6e Page 9 Amended 02-06-2013 Formatted: Highlight One or more business days before any minority report is submitted to the Board of County Commissioners, a copy of such minority report shall be: (1) submitted to the Planning Commission secretary, and, (2) made reasonably available to all Planning Commission members. The timing of minority reports shall follow the same time linetimeline as the Planning Commission majority report and be submitted in the same Board of County Commissioners packet. Such minority report shall be disseminated to the entire Planning Commission on the day the minority and majority reports are submitted to the Board packets. SECTION 16 - AMENDMENTS: Amendment to these By-Laws may be made at any regular meeting of the Planning Commission, provided the following conditions have been met: a. The proposed change has been an item of business at the previous meeting; b. The proposed change has been e-mailed to the membership ten (10) days prior to the meeting considering the proposed change; c. The proposed change is not in conflict with the statutes which authorize the Planning Commission; and, d. The proposed change receives an affirmative vote of no fewer than (5) five members - a majority of the total membership. SECTION 17 - REPEALER: All previous by-laws of the Jefferson County Planning Commission are hereby repealed and replaced. SECTION 18 - ADOPTION: These by-laws, as amended, are hereby adopted this 6th day of February, 2013. Jefferson County Planning Commission ________________________________ Bill MillerMichael Nilssen, Chair ________________________________ Michelle McConnellNichole Allen, Interim Secretary Commented [PH5]: Date should be changed to date of adoption of amendments. Date in the footer should be made consistent after that. Item 6e Page 10 Amended 02-06-2013 Formatted: Highlight Original adoption date 7/23/97; Amended Section 17 on 11/17/99 and 12/1/99; Amended Section 4 on 6/21/00; Amended Section 13 on 7/19/00; Amended Sections 12 & 13 on 5/16/01; Entire revision on 8/6/03; Amended Section 4 on 4/18/07; Amended Section 14 on 1/16/08; Amended Sections 3, 9, 10, 11, 14 & 16 on 9/3/08; Amended Sections 4 and 8 on 6/1/11; Amended Section 8 on 2/6/13. Item 6e Item 7a Item 7a Item 7a Item 7a Item 7a Appendix A: KING COUNTY Administrative Process Link for application and checklist for Lot Determination 19A.08.070: Determining and maintaining legal status of a lot. A. A property owner may request that the department determine whether a lot was legally created. The property owner shall demonstrate to the satisfaction of the department that a lot was created in compliance with applicable state and local land segregation statutes or codes in effect at the time the lot was created. B. A lot shall be recognized as a legal lot: 1. If before October 1, 1972, it was: a. conveyed as an individually described parcel to separate, noncontiguous ownerships through a fee simple transfer or purchase; or b. recognized as a separate tax lot by the county assessor; 2. If created by a recorded subdivision before June 9, 1937, and it was served by one of the following before January 1, 2000: a. an approved sewage disposal; b. an approved water system; or c. a road that was: (1) accepted for maintenance by the King County department of transportation; or (2) located within an access easement for residential use or in a road right-of- way and consists of a smooth driving surface, including, but not limited to, asphalt, concrete, or compact gravel, that complied with the King County road standards in effect at the time the road was constructed; 3. If created by an approved short subdivision, including engineers subdivisions; 4. If created by a recorded subdivision on or after June 9, 1937; or 5. If created through the following alternative means of lot segregation provided for by state statute or county code: a. at a size five acres or greater, created by a record of survey recorded between August 11, 1969, and October 1, 1972, and that did not contain a dedication; b. at a size twenty acres or greater, created by a record of survey recorded before January 1, 2000, and not subsequently merged into a larger lot; Item 7a c. at a size forty acres or greater created through a larger lot segregation made in accordance with RCW 58.18.010, approved by King County and not subsequently merged into a larger lot. Within the F zone, each lot of tract shall be of a size that meets the minimum lot size requirements of K.C.C. 21A.12.040.A; d. through testamentary provisions or the laws of descent after August 10, 1969; or e. as a result of deeding land to a public body after April 3, 1977. C. In requesting a determination, the property owner shall submit evidence, deemed acceptable to the department, such as: 1. Recorded subdivisions or division of land into four lots or less; 2. King County documents indicating approval of a short subdivision; 3. Recorded deeds or contracts describing the lot or lots either individually or as part of a conjunctive legal description (e.g., Lot 1 and Lot 2); or 4. Historic tax records or other similar evidence, describing the lot as an individual parcel. The department shall give great weight to the existence of historic tax records or tax parcels in making its determination. D. Once the department has determined that the lot was legally created, the department shall continue to acknowledge the lot as such, unless the property owner reaggregates or merges the lot with another lot or lots in order to: 1. Create a parcel of land that would qualify as a building site, or 2. Implement a deed restriction or condition, a covenant or court decision. E. The department’s determination shall not be construed as a guarantee that the lot constitutes a building site as defined in K.C.C. 19A.04.060. Testamentary lots created after December 31, 1999, and before January 1, 2019, are exempt from meeting the minimum lot area requirements in K.C.C. 21A.12.030 and 21A.12.040 for the applicable zoning district, if all other federal, state and local statutes and regulations are met. All other testamentary lots shall be required to meet all federal, state and local statutes and regulations, including minimum lot area requirements in K.C.C. 21A.12.030 and 21A.12.040. F. Reaggregation of lots after January 1, 2000, shall only be the result of a deliberate action by a property owner expressly requesting the department for a permanent merger of two or more lots through a boundary line adjustment under K.C.C. chapter 19A.28. (Ord. 19010 § 1, 2019: Ord. 18764 § 1, 2018: Ord. 17539 § 11, 2013: Ord. 17191 § 11, 2011: Ord. 16687 § 1, 2009: Ord. 15031 § 2, 2004: Ord. 13694 § 42, 1999). Item 7a Appendix B: SKAGIT COUNTY Lot of record: any lot platted or legally created under a Skagit County subdivision ordinance on or after March 1, 1965; any tract of land divided by metes and bounds or fractional section description or platted and recorded with the auditor prior to March 1, 1965; or any tract of land defined by metes and bounds or fractional section description and conveyed by notarized deed prior to March 1, 1965. Lot of Record Application form 14.06.045: Lot Certification (1) Lot certification shall be the administrative review process completed to determine whether a lot is legally created and, therefore, eligible for conveyance and whether or not the lot will be considered for development permits, as follows: (a) Conveyance. The County shall determine whether a lot was legally created. A legally created lot is a lot that meets the definition of lot of record, as defined in SCC 14.04.020, or a lot owned by an innocent purchaser who has met the requirements described in SCC 14.18.000(9) and RCW 58.17.210 for the lot in question. A lot of record may be conveyed individually without violating the provisions of Chapter 58.17 RCW, but may or may not be eligible for development permits, pursuant to SCC 14.16.850(4). Parcels not meeting the definition of lot of record may not be able to be conveyed without violating Chapter 58.17 RCW and will not be considered for development purposes. (b) Development. If a lot of record is certified under Subsection (1)(a) of this Section, the County shall also determine whether or not the lot of record will be considered for development permits. To be considered for development permits, the lot of record must be available for development purposes, and either meet the minimum lot size requirements of the zoning district in which it is located, or, if the lot of record does not meet the minimum lot size requirements of the zoning district in which it is located (a “substandard lot of record”), it must meet 1 or more of the exemptions identified in SCC 14.16.850(4)(c). Lots restricted from development by prior County decision or action (i.e., plat notes, open space designation, or other means) shall not be considered for development purposes regardless of lot size. (2) Pursuant to SCC 14.06.090(1)(b), a lot certification shall be required prior to or as a part of any of the following development permit applications: land divisions, boundary line adjustments, binding site plans pursuant to SCC 14.18.500, individual Comprehensive Plan Map amendments, new on-site sewage systems pursuant to SCC 12.05.090, building permits for new residential, commercial, industrial or institutional structures or structures accessory thereto, special use permits, variance permits, administrative decisions of reduction of setbacks pursuant to SCC 14.16.810(4), or any permits seeking to qualify under the vesting sections of SCC 14.02.050. (3) A separate assessor’s parcel number, alone, shall not be sufficient evidence that the lot meets the definition of a lot of record. Evidence that the lot in question meets the definition of lot of record shall be required for lot certification. Item 7a (4) Once issued, the lot certification shall be recorded with the Skagit County Auditor. A determination that the lot does not meet the lot of record requirements shall also be recorded for purposes of innocent purchaser notification as described in SCC 14.18.000(9). (5) Once issued, a lot certification shall constitute the final determination regarding lot of record status for the specified legal description. Any future development permit requests on the same legal description shall not require a new lot certification review, but may rely on the existing lot certification. Lot certifications issued by the County prior to the effective date of this Section for lots satisfying the provisions of former SCC 14.04.190(5) in effect at the time of certification shall be recorded by the owner and shall be entitled to the same finality as lot certifications issued pursuant to this Section. All other previously issued lot certifications will be considered as sufficient evidence for meeting the requirements of Subsection (1)(a) of this Section, but will need further review to determine the eligibility for development under Subsection (1)(b) of this Section. (6) Issuance of a lot certification that includes a determination that the lot of record is eligible to be considered for development permits under Subsection (1)(b) of this Section shall not constitute a determination that the lot of record has met all other applicable requirements of the Skagit County Code, including, but not limited to, Chapter 12.05 SCC (On-Site Sewage Code), Chapter 12.48 SCC (Drinking Water Systems), Chapter 14.24 SCC (Critical Areas), Chapter 14.26 SCC (Shorelines), Chapter 14.28 SCC (Concurrency), Chapter 14.34 SCC (Flood Damage Prevention), nor any requirements of the specific zoning designation, other than the minimum lot size requirements. Nothing in this Section shall be interpreted to replace or supersede any requirements of any applicable public or private water purveyor. (7) A lot owner may apply for lot certifications for a group of undeveloped lots contained within a subdivision approved on or after March 1, 1965, as a single lot certification application. In addition, when future subdivisions are approved pursuant to Chapter 14.18 SCC, the plat map shall include a note regarding lot certification and lot certifications shall be issued and recorded for all lots upon recording of the plat. (8) The lot certification review and decision shall be an administrative review and determination process as described in SCC 14.06.040(5) and may be appealed to the Hearing Examiner according to the appeal process for Level I decisions listed in SCC 14.06.110. Because a lot certification is not a development permit application, but instead is required as part of a development permit application, the lot certification shall not require a letter of completeness (SCC 14.06.100), a Notice of Development Application and public comment period (SCC 14.06.150), nor a Notice of Decision (SCC 14.06.200). (Ord. O20090011 Attch. 2 (part); Ord. O20070009 (part); Ord. O20040017 (part)) 14.16.850(4) Development of Lots of Record. (a) Notwithstanding other restrictions of the Skagit County Code, only lots of record meeting the minimum lot size requirements of the zoning district in which they are located that are not restricted from development by prior County decision or action (e.g., plat notes, open space designation, or other means) will be eligible for development permits. Lots of record that do not meet the minimum lot size requirements of the zoning district in which they are located (hereafter “substandard lots of record”) shall only be considered for development permits if Item 7a they are not restricted from development by prior County decision or action and meet 1 or more of the exceptions described in Subsection (4)(c) of this Section. (i) An owner of contiguous, substandard lots may choose to aggregate (combine) the lots in order to meet these requirements; provided, that aggregation of lots shall meet the requirements of and be recorded as a boundary line adjustment, pursuant to SCC 14.18.700. (ii) If the owner chooses to aggregate contiguous, substandard lots to meet these requirements, the County shall waive the application fee for the boundary line adjustment. (iii) If an owner of contiguous, substandard lots chooses to aggregate the lots pursuant to this Subsection in order to meet these requirements and the resulting aggregated lot still does not meet the zoning minimum lot size, the lot must meet an exemption in Subsection (4)(c) of this Section, or apply for and receive a reasonable use exception pursuant to Subsection (4)(f) of this Section to be considered for development permits. (b) Lots created through testamentary provisions or the laws of descent shall be governed by the following provisions: (i) Lots that meet the current lot size requirements of the zoning district in which they are located shall be treated the same as a legally subdivided lot; (ii) Lots that do not meet the current lot size requirements of the zoning district in which they are located, but which did meet the requirements in effect at the time they were created will be treated the same as substandard lots of record under Subsection (4)(c) of this Section; (iii) Lots that do not meet the current minimum lot size dimensional standards of the zoning district in which they are located, and did not meet the standards in effect at the time they were created shall be treated as lots of record for purposes of conveyance, but will not be considered for building or development permits. (c) The County shall only consider issuing development permits on those substandard lots of record meeting any of the exemptions in this Subsection. (i) The lot of record was properly platted and approved by Skagit County on or after March 1, 1965; provided, that any lot that was created with a restriction barring future development (e.g., plat notes, open space designation, or other means) shall not be considered for development pursuant to this Subsection. (ii) The lot of record is recognized as a participating parcel paying assessments to the Edison Subarea (Sub-District) of the Skagit County Clean Water District pursuant to Ordinance No. 16177 or any subsequent ordinances. (iii) The lot of record is recognized as part of an adopted “Limited Area of More Intense Rural Development (LAMIRD)” pursuant to SCC 14.16.920. Item 7a (iv) The lot of record has been approved on a previously issued lot of record certification consistent with SCC 14.06.045(5). (v) The lot of record is located in an urban growth area, is a minimum of 1 acre in size, and can satisfy the requirements of the Skagit County Code for water (either on-site or connection to a public water system) and for wastewater (either on-site or connection to a public sewer system), together with any other code provision applicable to the type of development proposed, as specified in SCC 14.06.045(6). (vi) The lot of record is at least 1 acre in size and further meets 1 or more of the following: (A) Has existing water meter and/or sewer service connection existing on the lot prior to January 1, 2004; or (B) Has water and/or sewer connections allowed under a specific binding written contract in effect on January 1, 2004, that is an extension agreement or connection agreement; or (C) The owner or predecessor owner has paid or is currently still paying water and/or sewer assessments pursuant to a legally established utility local improvement district (ULID) or a local improvement district (LID) that was established prior to January 1, 2004. (vii) The lot of record meets 1 or more of the following: (A) Has an existing dwelling unit that, at a minimum, meets the definition of an “efficiency dwelling unit” or a commercial/industrial/institutional building located solely on the lot of record and the dwelling unit or commercial/industrial/institutional building was either constructed prior to July 1, 1990, according to the Assessor’s records, or, if constructed after that date, obtained a building permit for its construction and approval to occupy from the County; or (B) Has an approved permit for an on-site sewage system pursuant to Chapter 12.05 SCC that is submitted and approved prior to January 1, 2004, and either that permit is still valid, or the system has been installed; or (C) Has an individual water system evaluation pursuant to Chapter 12.48 SCC (including installation of the well) submitted and approved prior to June 1, 1997, for a water system intended to serve the substandard lot; or (D) Has been issued a development permit which vests future structure(s) pursuant to SCC 14.02.050 (Vesting). (viii) The lot of record was legally created prior to March 1, 1965, or if created after March 1, 1965, was exempt from subdivision requirements at the time it was created, and meets one of the following requirements: Item 7a (A) The lot of record is 1 acre or larger and is located in the Rural Village Residential or Rural Intermediate zoning district. Lots located within the Fidalgo Island subarea plan boundaries identified in Ordinance No. 18375, Appendix 1, Section 1, No. 12, or located on Guemes Island shall not be eligible for this Subsection; or (B) The lot of record is five acres or larger and is located in the Rural Reserve zoning district; or (C) The lot of record is 10 acres or larger and is located in a Rural Resource- Natural Resource Lands or Secondary Forest-Natural Resource Lands zoning district; or (D) The lot of record meets the requirements of SCC 14.16.410(3)(c) for residential development in the Industrial Forest-Natural Resource Lands designation; or (E) The lot of record is 0.25 acres or larger and is located in the Bayview Ridge Residential zoning district. (d) In the following zones, if the proposed use for the substandard lot of record is one of the following nonresidential uses and otherwise meets all requirements for the use in the zone, it may be allowed regardless of the determination pursuant to SCC 14.06.045(1)(b): (i) Rural Village Residential. (A) Administrative special uses: minor utility developments; parks, specialized recreation facilities; trails and primary and secondary trailheads. (B) Hearing Examiner special uses: cemetery; community club/grange hall; expansion of existing major public uses up to 3,000 square feet; historic sites open to the public; minor public uses; parks, community; personal wireless services towers, subject to SCC 14.16.720. (ii) Rural Intermediate. (A) Permitted uses: agriculture, agricultural accessory uses. (B) Administrative special uses: minor utility developments; parks, specialized recreational facilities; trails and primary and secondary trailheads. (C) Hearing Examiner special uses: cemetery; community club/grange hall; expansion of existing major public uses up to 3,000 square feet; historic sites open to the public; impoundments greater than 1-acre feet in size; minor public uses; outdoor recreational facilities; parks, community; personal wireless service towers, subject to SCC 14.16.720. (iii) Rural Reserve. (A) Permitted uses: agriculture, agricultural accessory uses, agricultural processing facilities, cultivation, harvest and production of forest products or Item 7a any forest crop, in accordance with the Forest Practice Act of 1974, and any regulations adopted pursuant thereto. (B) Administrative special uses: minor utility developments; parks, specialized recreational facility; trails and primary and secondary trailheads. (C) Hearing Examiner special uses: animal preserve; cemetery; community club/grange hall; expansion of existing major public uses up to 3,000 square feet; historic sites open to the public; impoundments greater than 1-acre feet in volume; manure lagoon; minor public uses; natural resources training/research facility; outdoor outfitters enterprises; outdoor recreational facilities; parks, community; personal wireless services towers, subject to SCC 14.16.720. (iv) Urban Reserve Residential. (A) Administrative special uses: expansion of existing major public uses, minor public use, minor utility development, seasonal roadside stands under 300 square feet, temporary event, trails and primary and secondary trailheads. (B) Hearing Examiner special uses: cemetery; community club/grange hall; display gardens; historic sites open to the public; parks, community; personal wireless services towers subject to SCC 14.16.720. (v) Urban Reserve Commercial-Industrial. (A) Permitted uses: community club/grange hall, historic sites open to the public, minor public uses. (B) Administrative special uses: expansion of existing major public uses up to 3,000 square feet; minor utility developments; parks, specialized recreational facility; personal wireless services towers subject to SCC 14.16.720; temporary events; trails and primary and secondary trailheads. (C) Hearing Examiner special uses: none. (vi) Urban Reserve Public Open Space. (A) Permitted uses: agriculture; agricultural accessory use; caretaker dwelling unit for on-site resident park manager accessory to the primary public use; cultivation; harvest and production of forest products or any forest crop, in accordance with the Forest Practice Act of 1974, and any regulations adopted pursuant thereto; historic sites open to the public; interpretive center; minor public uses; minor utility development; open space; parks, community; park, recreation open space; parks, regional; park, specialized recreation area; trails and primary and secondary trailheads. (B) Administrative special uses: natural resources training/research facility, outdoor recreation facilities, personal wireless services towers, subject to SCC 14.16.720, Water diversion structure. Item 7a (C) Hearing Examiner special uses: impoundment. (vii) Bayview Ridge Residential. (A) Permitted uses: agricultural uses; historic sites open to the public. (B) Administrative special uses: minor utility developments; parks, specialized recreational facilities; trails and primary and secondary trailheads. (C) Hearing Examiner special uses: parks, community. (e) In the natural resource land zones, if the proposed use for the substandard lot of record is any of the uses permitted in the respective natural resource land zone other than the following residential uses, it may be allowed regardless of the determination pursuant to SCC 14.06.045(1)(b): (i) Agricultural-NRL: co-housing, as part of CaRD, subject to SCC 14.18.300 through 14.18.330; farm-based business carried on exclusively by a member or members of a family residing on the farm and employing no more than 3 nonresident full-time equivalent employees; family day care provider as defined in Chapter 14.04 SCC; Home- Based Business 1; single-family detached residential dwelling unit and residential accessory uses, when accessory to an agricultural use; temporary manufactured homes as permitted in SCC 14.16.900(2)(b); Home-Based Business 2, provided no conversion of agricultural land is required to accommodate the business activity; Home-Based Business 3, provided no conversion of agricultural land is required to accommodate the business activity. (ii) Secondary Forest-NRL: accessory residential structures; co-housing as part of a CaRD, subject to SCC 14.18.300 through 14.18.330; detached single-family residential dwellings; family day care provider; Home-Based Business 1; Home-Based Business 2, provided no conversion of agricultural land is required to accommodate the business activity; Home-Based Business 3, provided no conversion of agricultural land is required to accommodate the business activity. (iii) Rural Resource-NRL: detached single-family residential dwelling; Home-Based Business 1; family day care provider; residential accessory structures; Home-Based Business 2, provided no conversion of agricultural land is required to accommodate the business activity; Home-Based Business 3, provided no conversion of agricultural land is required to accommodate the business activity. (iv) Industrial Forest-NRL: co-housing, as part of CaRD, subject to SCC 14.18.300 through 14.18.330; single-family residential dwellings; Home-Based Business 1; Home- Based Business 2, provided no conversion of agricultural land is required to accommodate the business activity; Home-Based Business 3, provided no conversion of agricultural land is required to accommodate the business activity. (f) Reasonable Use. Item 7a (i) Variances from the requirements of this Section shall not be considered. However, if a substandard lot of record in the Rural Reserve, Rural Intermediate, Rural Village Residential, Urban Reserve Residential, or Bayview Ridge Residential zones does not meet any of the exceptions in Subsection (4)(c) of this Section, the lot owner may request that the County further evaluate the lot for a reasonable use exception pursuant to this Subsection. Issuance of a reasonable use exception shall allow the lot owner to apply for residential development permits on the lot. Reasonable use exceptions shall only be issued if the lot owner can demonstrate the following: (A) The lot has not been owned with any other contiguous lots with the same zoning designation at any time from July 1, 1990, to the present. The owner may elect to aggregate all contiguous, substandard lots held in common ownership, thereby creating a single parcel, to then qualify under this Subsection; and (B) The proposed use can otherwise satisfy all other requirements of the Skagit County Code; and (C) The proposed use does not require extension of, or installation of, urban levels of service outside of an urban growth area. Lots included in a plat shall not be required to be combined with unplatted land or lots in separate plats for the purposes of qualifying under this Subsection. Lots where ownership of 1 or more contiguous lots has been transferred since July 1, 1990, shall not be considered as held in common ownership if the segregation(s) occurred in compliance with all zoning and aggregation provisions in effect at the time of transfer. (ii) The County evaluation of a reasonable use exception to the requirements of this Section shall be processed as a Level I administrative decision, pursuant to SCC 14.06.110, including all of the public notice and comment requirements. (iii) In the Natural Resource Lands zoning districts (Ag-NRL, RRc-NRL, SF-NRL and IF- NRL), natural resource production is deemed a reasonable use of the property and, therefore, substandard lots of record in these zones shall not be eligible for a reasonable use exception pursuant to this Subsection. Item 7a Appendix C: WHATCOM COUNTY 20.97.220: “Lot of record” means a lot which is described by final plat, short plat, or metes and bounds, and is established pursuant to applicable local and state regulations at the date a legal instrument creating the lot is recorded at the Whatcom County auditor’s office. From WCC 20.83 on Nonconforming Uses and Parcels: 20.83.060 Lots of record. Except as modified by WCC 20.83.070, legal parcels or lots of record that do not meet the minimum area or width requirements of the zone district may be developed with permitted, accessory and conditional uses provided: (1) That all other district standards are met; and (2) The lots or parcels were created pursuant to applicable state and local subdivision regulations in place at the time of lot segregation. (Ord. 2000-013 § 1, 2000; Ord. 87-12, 1987; Ord. 87-11, 1987; Ord. 82-78, 1982). See also Whatcom County’s Lot of Record Application (LOR) for process required for lot recognition Review Process for LOR: Review is based upon a deed history and maps provided by the applicant to determine if the lot was created prior to 1972 or if the lot was created after 1972 and is consistent with the subdivision regulations in effect at the time of creation. LOR’s are performed for all exemptions, boundary line adjustments, short plats, binding site plans and long subdivisions. (found here) Item 7a Appendix D: KITSAP COUNTY 17.110.450 Lot of record 21.02.085 Building site KCC Chapter 16.62: Legal Lot Determination 16.62.010 Purpose and summary A. Pursuant to RCW 58.17.210, the purpose of this chapter is to provide a process and standards for determining whether lots are legal lots of record consistent with applicable state and local law, and to provide potential remedial measures available to owners of property that do not meet the standards. B. Parcels are considered legal lots of record if they were in compliance with applicable laws regarding platting at the time of their creation. Platting laws pertain primarily to the review process used in the creation of the lots. Specific provisions are listed herein. C. Platting dates pertinent to legal lot determination: 1. August 11, 1969 – Revised Washington State subdivision law; 2. July 1, 1974 – First Kitsap County Short Subdivision ordinance; 3. January 13, 1986 – First Kitsap County Large Lot Subdivision ordinance. 16.62.020 Applicability and burden of proof A. This chapter applies to all requests for legal lot determinations and to applications for any permit, including but not limited to building permits, subdivisions, hearing examiner conditional use permits, administrative conditional use permits, rezones and Comprehensive Plan change applications. B. A lot is presumed to be a legal lot of record, but may be investigated by the department upon submittal of a building or other development permit. C. The burden of proving that a lot is legal rests with the applicant 16.62.030 Determination process Legal lot of record status may be formally determined through the following ways: A. Legal Lot Determinations as Part of a Building Permit or Other Development Application. Building permits for placement or replacement of primary structures and other development applications shall be reviewed by the director for compliance with the standards of this chapter, according to the time lines and procedures associated with the particular building permit or development application. A separate written approval will not be issued unless requested by the applicant. Fees for legal lot determination shall be assessed pursuant to Title 21, unless the parcel was recognized through a previous legal lot determination or other review in which such recognition was made. B. Legal Lot Determination Requests Submitted Without Other Development Review. Requests for determination of legal lot of record status not involving any other county development reviews shall be through an application for legal lot determination, along with the submittal of applicable fees, pursuant Item 7a to Title 21. This application will be processed as a Type I application. The county will issue a letter of determination in response to all such requests. C. Prior Legal Lot Determination. Lots that have been previously recognized as a legal lot of record shall remain legal lots of record unless changed by action of the owner. Any such change shall necessitate a new legal lot determination through the processes outlined at subsection (A) or (B) of this section. D. Parcels That Are Not Considered Legal Lots. 1. Vacated rights-of-way; 2. Tidelands; 3. Parcels designated solely for access purposes; 4. Hiatuses created by legal descriptions; 5. Parcels created through a tax segregation, unless resulting parcels are twenty acres (or one- thirty-second of a section) or larger in size. E. The director’s determination of legal lot status shall not be construed as a guarantee that the lot constitutes a building site as defined in Chapter 21.02. 16.62.050 Approval standards Parcels that meet the following platting standards will be considered legal lots of record: A. The parcel was created through a plat, short plat, large lot plat, or binding site plan approved by Kitsap County and recorded with the Kitsap County auditor; or B. The parcel is five acres or larger, or 1/128th of a section or larger, and was created by record of survey before January 13, 1986, the date of Kitsap County’s first large lot subdivision ordinance; or C. The parcel was lawfully created through testamentary provisions, or the laws of descent. Development of said parcel is subject to the zoning regulations set forth at Title 17; or D. The parcel was created through an exemption listed in RCW 58.17.035 or 58.17.040 or other statutory exemptions available at the time it was created; or E. The parcel is twenty acres (or one-thirty-second of a section) or larger in size; or F. The parcel deed description shown in a sales or transfer deed dated prior to July 1, 1974, is the same as the current parcel description; or G. The parcel is a resultant parcel of a BLA that utilized parcels legally created through a tax segregation and said resultant parcel conforms to area and dimensional requirements at the time it was created. 16.62.060 Effect of legal lot determination A. In urban areas, all lots found to be legal lots of record may be developed consistent with the requirements of the Kitsap County Code. Item 7a B. In rural areas, lots found to be legal lots of record may be developed consistent with the requirements of the Kitsap County Code, as follows: 1. Single Ownership. A parcel in single ownership may be developed consistent with the requirements of the Kitsap County Code and must be capable of individually meeting the definition of a building site. 2. Contiguous Parcels in Common Ownership. Contiguous parcels in common ownership, or the legal equivalent thereof, as of the date of passage of the ordinance codified in this chapter may not be developed individually unless capable of individually meeting the definition of a building site. Contiguous parcels in common ownership not individually meeting the definition of a building site must be aggregated to the extent necessary to meet the definition of a building site. 16.62.070 Potential remedial measures Knowingly transferring or selling lot(s) created in violation of land division regulations is a gross misdemeanor pursuant to RCW 58.17.300. The owner(s) of illegally created lot(s) per this chapter may consider pursuing one or more of the following actions. This list is not exhaustive and is not intended to provide legal advice. A. Apply for a public interest determination under Section 16.04.160(A); B. Apply for innocent purchaser status under Section 16.04.160(B); C. Pursue a private right of action as provided in RCW 58.17.210; D. Acquire additional land from adjoining properties, through a boundary line adjustment, in order to achieve adequate dimension and area to meet the criteria for a building site. Item 7a 1 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Mark McCauley, Interim County Administrator FROM: Brent Alfred Butler, Director, Community Development Pinky Mingo, Director, Environmental Health David Wayne Johnson, Interim Planning Manager, Community Development Shannen Cartmel, Associate Planner, Community Development Bryan Benjamin, Assistant Planner, Community Development DATE: November 22, 2021 SUBJECT: Public Hearing regarding Pre-1971 Lots and Plats Ordinance 05-1004-21 and Ordinance 06-1011-21 STATEMENT OF ISSUE: This public hearing will provide the general public an opportunity to provide public testimony on Ordinance 05-1004-21 and Ordinance 06-1011-21, which repeals and replaces Ordinance 05-1004-21 (see attached). A public hearing is required within 60 days of adoption of a moratorium or interim control. With the recent uptick in the real estate market, the Department of Community Development (DCD) has received applications to develop ‘old plats’ at urban-level densities in rural areas without any public input. Platted before Jefferson County’s 1971 subdivision regulations created a mechanism to preserve community health and welfare, these old plats appear on the precipice of large-scale development in several parts of the rural county with little or no public input. In fact, these applications would likely increase housing densities in rural areas wholly outside of those areas envisioned by the Jefferson County Comprehensive Plan to receive growth such as the City of Port Townsend Urban Growth Area (UGA), the unincorporated Port Hadlock /Irondale UGA, the Port Ludlow and Brinnon Master Planned Resorts, and subdivisions such as Kala Point, Cape George, Becket Point, and Woodland Hills among others that benefited from rigorous community input. This appears in conflict with the Growth Management Act and the community’s preference as outlined in Comprehensive Plan. On May 24, 2021, the Board of County Commissioners (BoCC) discussed DCD’s workplan in an agenda request entitled “Discussion of Community Development’s FY2021-2022 Long-Range Work Program and Potential Action Directing Community Development to Initiate Unified Development Code Updates”. In conclusion, the BoCC directed the Department of Community Development to initiate code revisions for “Transient Housing” and the “Legal Lot of Record” (see BoCC May 24, 2021 minutes). Prior to incorporating public input in the drafting of the Legal Lot of Record code revisions, DCD received several applications seeking recognition of old plats in rural areas for the purpose of developing housing at Appendix EItem 7a 2 densities more than ten-fold greater than the base density. On October 4, 2021, the BOCC enacted a moratorium to study this issue with input from the community concerning the most appropriate ways to regulate legal lots of record and old plats in Jefferson County. Findings of fact identified as “WHEREAS” recitals in the October 4, 2021 and October 11, 2021 ordinances support the need to study this issue with community members. Recognizing that the moratorium unintentionally excluded some activities from the list of eight exemptions that should be permitted to move forward, the BoCC repealed and replaced the moratorium on October 11, 2021. Then on November 1, 2021, the BoCC held a public housing workshop to provide direction on five affordable housing and home/houseless housing projects in the DCD workplan, including the Lot of Record project. BACKGROUND Over the last few decades, the county staff has administratively adapted to respond to the need to combine lots in old pre-existing plats for development through a number of different methods. There has been no legislative initiative, coupled with public participation, to examine the extent of the problem or options for dealing with these small lots. In Jefferson County, many small lots were created through plats that were recorded or otherwise acknowledged in the late 1800’s and early 1900’s. Plats generally are maps, or representations on paper, of a piece of land subdivided into lots, with streets, alleys, etc., usually drawn to a scale. Jefferson County’s first subdivision regulations were adopted in 1971, as Ordinance Number 2. Without the benefit of subdivision regulations that consider stormwater, road, school, flood and fire impacts, these late 1800’s and early 1900’s plats may encourage development in floodways, steep slopes or where transportation, stormwater and septic infrastructure is infeasible. Many other counties, faced with similar situations have developed a code process which limits development of old plats and substandard lots. Examples of jurisdictions with such legislation include Skagit County, Kitsap County, King County, San Juan County, and Thurston County. The Washington State Attorney General’s Office has issued a number of opinions on the issue of recognition of old plats which opine that counties may and sometimes are required to apply modern land use and zoning requirements to these old plats. ANALYSIS Typically, DCD provides an opportunity for public input through the deliberative public process outlined in the Jefferson County Code so that higher densities are created in ways that preserve rural character and are responsive to the public. For example, the recently approved Discovery Bay Golf Course Planned Rural Residential Development (PRRD) incorporated the public on at least two occasions through the notice of application and the public hearing before the hearing examiner. Even then, some community members felt aggrieved because of the loss of natural area. By recognizing these old plats without a public process or code mechanism, these applications would likely establish densities in locations inconsistent with the intent and purpose of the State’s Growth Management Act (GMA) that seeks ‘to recognize the importance of rural lands and rural character to Washington’s economy, its people, and its environment while respecting regional differences.’ Item 7a 3 Since DCD’s long-range planners who research best practices, conduct public outreach, develop recommendations and draft code revisions with the support of the Prosecuting Attorney’s Office are also assigned current planning responsibilities, DCD’s senior management team recognizes the need to supplement staffing through consultants for this project. As outlined during the BoCC’s November 1, 2021 housing workshop, DCD permit volume continues to exceed the past year’s record. In 2019, DCD had more permits than any other year which was subsequently exceeded in 2020 only to be surpassed yet again in 2022. Consultants would assist staff in carrying out early and continuous community outreach in the spirit of the growth management act’s public participation goal. For the purpose of ensuring the robust citizen participation and coordination outlined in the Comprehensive Plan, DCD anticipates that public participation may be particularly difficult in some instances, especially with regards to floodplain property owners on the west end and those property owners in areas with limited broadband. To address these realities, DCD will focus on a participatory planning approach that relies on in-person and online (hybrid) events. Because planning and staging comfortable, safe events during the COVID-19 pandemic may be exceptionally challenging, DCD requests $15,000 for public outreach and analysis, as more fully outlined below under item number 3. This draft scope of work (SOW) includes the following key components. 1. Communications Plan: DCD recommends a communication plan to update the public and meet the Growth Management Act’s goal of early and continuous public input. As part of a communications plan, the County would expand the preliminary list of Frequently Asked Questions (FAQ), flowcharts illustrating the permitting processes, and create ways to stay informed such as list serves. Frequently community members do not understand the terms used, so a proactive step may be to share widely the definitions of terms such as: Subdivision, Plat, and Lot. DCD will also provide information to the community on the process of subdivision, the reasons we need to certify lots as buildable when below the base zoning density, and how the law of boundary line adjustment affects these processes. 2. Regulatory Approaches: Study old plats and the land use effects of different regulatory approaches in the urban growth area overlay, resource lands, rural areas, and shoreline areas. Analysis and literature review of regulatory approaches to development within critical areas (geological hazards, frequently flooded, wetlands, stream and creeks, and critical aquifer recharge areas) including shorelines that will protect health and the environment. Review of possible regulatory approaches in different western Washington counties. 3. Participatory Planning & Code Drafting: Participatory planning as defined here involves the systematic effort to envision Jefferson County’s desired future as outlined in the Comprehensive Plan and planning for that future, while involving and harnessing the specific competencies and input of community residents, leaders, and stakeholders in the process. Additional preliminary code drafting questions include whether the supply of small lots further reduces housing and affordability by limiting supply and, if so, what measures may be undertaken to reduce, minimize or eliminate that housing and affordability impacts. Should the county retain subject matter experts to evaluate the impact on affordability based on various scenarios? Should the county allow regional variance within the county’s planning areas (see Jefferson County Comprehensive Item 7a 4 Plan Exhibit 1-17) or base the code revisions solely on land use category or a combination of the two? Should the County accept area specific public comment through the corresponding Commissioner Districts or some other venue? 4. State Environmental Policy Act (SEPA): This final step involves review of impacts on the environment as more fully outlined in the Washington Administrative Code, Chapter 197-11and public engagement. NOTICE This public hearing is being held pursuant to Chapter 36.70A.390 RCW for the purpose of receiving public testimony on the draft workplan, the ordinance and exemptions thereto, to set policy for acceptance of plats that came into existing prior to enactment of Chapter 58.17 RCW or Ordinance 02-71, Jefferson County’s first platting ordinance. Written testimony submitted by electronic mail to: jeffbocc@co.jefferson.wa.us; or by regular mail postage prepaid to Jefferson County Commissioners’ Office; PO Box 1220, Port Townsend, WA 98368 will be accepted until the end of the Public Hearing unless extended by the Board of County Commissioners. Notice of this hearing was published on November 10, 2021 and November 17, 2021 in the Port Townsend Leader, Jefferson County’s legal newspaper. FISCAL IMPACT/COST-BENEFIT ANALYSIS: DCD recognizes that this project generates no recoverable fees and would need to be fully supported by the General Fund unless grant funding is identified and awarded. RECOMMENDATION: After accepting public testimony, authorize the County Administrator to approve consultant expenses in an amount not to exceed $15,000 to implement the workplan’s public outreach and analysis objectives and authorize the scheduling of a workshop on December 6, 2021 followed by a public hearing on December 20, 2021 on Ordinance 06-1011-21 to consider additional exemptions. REVIEWED BY: Mark McCauley, Interim County Administrator Date Item 7a Public Hearing Ordinances 05-1004-21 and 06-1011-21 November 22, 2021 1 Board of County Commissioners Jefferson County Jefferson County Department of Community Development Brent A. Butler, Director, Community Development Shannen Cartmel, Associate Planner Bryan Benjamin, Assistant Planner *Appendix F Item 7a Mission Statement 2 "To preserve and enhance the quality of life in Jefferson County by promoting a vibrant economy, sound communities, and a healthy environment." 1)Emerging Issue 2)Key Terms and Definitions 3)What is Subject to the Moratorium? 4)What are the Exceptions? 5)Scope of Work 6)Budget and Timeline 7)Accept Testimony 8)Close the Public Hearing Public Hearing Agenda Item 7a Mission Statement 3 "To preserve and enhance the quality of life in Jefferson County by promoting a vibrant economy, sound communities, and a healthy environment." Why is this an emerging issue? What is the urgency? When noticed? Where is this issue? 1)Emerging Issue Item 7a Mission Statement 4 "To preserve and enhance the quality of life in Jefferson County by promoting a vibrant economy, sound communities, and a healthy environment." a)Subdivisions b)Public Input c)Boundary Line Adjustments 1)Emerging Issue: why? Urban Growth Area (UGA) Master Planned Resort Planned Rural Residential Development 10 (x) Density Increase in Rural County without Public Input *Procedural Approvals Item 7a 5 Year 2018 Year 2019 Year 2020 Year 2021 Prior year comparison Building Permits 588 582 677 649 649 on 12/17/2020 Zoning Permits 44 69 73 67 67 permits on 12/14/2020 Shoreline Permits 23 25 22 18 18 on 10/22/2020 Subdivisions 21 23 18 24 Pre- application 35 41 26 32 Customer Assistance Meetings 813 679 383 405 1) Emerging Issue: what is the urgency and when noticed?Item 7a Mission Statement 6 "To preserve and enhance the quality of life in Jefferson County by promoting a vibrant economy, sound communities, and a healthy environment." 2) Key Terms and Definitions *Subdivisions *Plats *Lots *Boundary Line Adjustment *Lot of Record Item 7a 3) What is Subject to the Moratorium 7Item 7a Mission Statement 8 "To preserve and enhance the quality of life in Jefferson County by promoting a vibrant economy, sound communities, and a healthy environment." 4) What are the Exceptions to the Moratorium Exception 1 –Repair of Legally Permitted or Nonconforming Onsite SepticItem 7a Mission Statement 9 "To preserve and enhance the quality of life in Jefferson County by promoting a vibrant economy, sound communities, and a healthy environment." 4) What are the Exceptions to the Moratorium Exception 2 –Repair, Remodel or Expansion of Existing Legally Permitted (including non-conforming) structures Item 7a Mission Statement 10 "To preserve and enhance the quality of life in Jefferson County by promoting a vibrant economy, sound communities, and a healthy environment." 4) What are the Exceptions to the Moratorium Exception 3 –Lots Already Recognized by Environmental Health (Department of Public Health) or Department of Community Development or other Administrative Process, e.g., Assessor’s Plats Item 7a Mission Statement 11 "To preserve and enhance the quality of life in Jefferson County by promoting a vibrant economy, sound communities, and a healthy environment." 4) What are the Exceptions to the Moratorium Exception 4 –Applications Deemed Complete by October 4, 2021 Item 7a Mission Statement 12 "To preserve and enhance the quality of life in Jefferson County by promoting a vibrant economy, sound communities, and a healthy environment." 4) What are the Exceptions to the Moratorium Exception 5 –Lots equal or Larger than Existing Zoning Classification Item 7a Mission Statement 13 "To preserve and enhance the quality of life in Jefferson County by promoting a vibrant economy, sound communities, and a healthy environment." 4) What are the Exceptions to the Moratorium Exception 6 –Lot Consolidation by Boundary Line Adjustment (One Application per Applicant)Item 7a Mission Statement 14 "To preserve and enhance the quality of life in Jefferson County by promoting a vibrant economy, sound communities, and a healthy environment." 4) What are the Exceptions to the Moratorium Exception 7 –Publicly Funded Homeless or Low-Income Housing ProjectsItem 7a Mission Statement 15 "To preserve and enhance the quality of life in Jefferson County by promoting a vibrant economy, sound communities, and a healthy environment." 4) What are the Exceptions to the Moratorium Exception 8 –Port Hadlock Urban Growth Area Item 7a Mission Statement 16 "To preserve and enhance the quality of life in Jefferson County by promoting a vibrant economy, sound communities, and a healthy environment." 4) What are the Exceptions to the Moratorium Exception 9 –Essential Public Facility or Public Entity Item 7a 5) What is the Scope of Work a)Communications Plan –visualize and analyze density, FAQ, and Flowchart b)Analysis of Regulatory Approaches –Zoning Districts, Critical Areas, Shorelines c)Participatory Planning & Code Drafting d)State Environmental Policy Act 17Item 7a 5) What is the Scope of Work: Ongoing Analysis 18 •Analysis of regulatory approaches of six Western Washington counties County Protocol Code Language Administrative Process Required for Permitting Innocent Buyer Provisions Substandard Lot Provision King X X X Skagit X X X X X Whatcom X X X Kitsap X X X X Item 7a 5) What is the Scope of Work: Ongoing Analysis 19 •Other considerations for outreach regarding regulatory approaches: Issues Complexity Cost Processing time Equity Item 7a 5) Scope of Work 20 Analysis Source: Jefferson County Central Services, Geographic Information Systems (GIS)Item 7a 21 Disclaimer: For Planning Purposes Only Source: Jefferson County Central Services, Geographic Information Systems (GIS)Item 7a 22 Disclaimer: For Planning Purposes Only Source: Jefferson County Central Services, Geographic Information Systems (GIS)Item 7a 23 Disclaimer: For Planning Purposes Only Source: Jefferson County Central Services, Geographic Information Systems (GIS)Item 7a 24 Human Resources •Long Range Assistant Planner assigned to 2021 Comp Plan Cycle (1st Quarter 2023 Completion), Homeless Housing Ordinance (*June 2022 Completion), Short Term Rentals (TBD) •Current Associate Planner Assigned to Large Projects and Energov (2022 2nd Quarter •Planning Commission Subcommittee (Direct Preparation of PC Recommendations by 1st or 2nd Quarter 2022) Capital •Consultants to assist outreach and/or analysis especially on low income households Allocate up to $15,000 for 3 Community Meetings and/or Analysis 6) Budget and Timeline Item 7a After accepting Testimony, consider scheduling Workshop on December 6, 2021 and Public Hearing on December 20, 2021 before the Board of County Commissioners 25Item 7a