HomeMy WebLinkAbout05.18.2022 Planning Commission AgendaArlene Alen – 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.
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AGENDA JEFFERSON COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
Regular Meeting – May 18, 2022
Tri Area Community Center, 10 West Valley Road, Chimacum, Washington 98325 COVID-19 NOTICE NO IN-PERSON PUBLIC ATTENDANCE ALLOWED (Per Jefferson County RESOLUTION No. 45-21) You can join this meeting by using the following methods:
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5:30PM Welcome Chair and Overview Presentation 1. Call to Order/Roll Call
2. Approval of Agenda
3. Approval of Minutes
a. May 4, 2022 Minutes
4. Planning Commission Updates
a. (10 minutes)
5. DCD Staff and Director Updates (5 minutes)
a. Stipends of $50 per meeting approved by Board of County Commissioners
b. DCD staffing
PUBLIC COMMENT
6. Public comments from attendees about any topic that is not on the agenda. Public comments
on agenda items can be given during the agenda item’s section. Three minutes per speaker.
Arlene Alen – 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
CONSENT AGENDA 7. Costal Processes Workshop – Invitation for Education Opportunity
REGULAR BUSINESS 8. Deliberations on Siting, Establishment, and Management of Temporary Housing Facilities
Ordinance – Joel Peterson
a. Presentation – Associate Planner Joel Peterson, AICP
9. UDC Docket-Amendment Items – Associate Planner Joel Peterson, AICP
a. Proposed corrections to scrivener errors and opportunities for clarification and addition
Jefferson County Planning Commission
MEETING MINUTES
Virtual Meeting (no in-person attendance allowed per Gov. Inslee’s Proclamation 20-28)
May 4, 2022
P: 360-379-4450
621 Sheridan St. F: 360-379-4451
Port Townsend WA 98368 plancomm@co.jefferson.wa.us
Regular Business
5:30 pm Welcome (chair) and Overview Presentation
1. Call to Order/Roll Call
District 1 District 2 District 3
Alen: Present
Coker: Unexcused
Koan: Present
Sircely: Excused
Smith: Unexcused
Richert: Present
Hull: Present
Nilssen: Present
Llewelyn: Present
2. Approval of Agenda for May 4, 2022. Agenda was approved 6 yays; 0 nays; 0
abstentions
3. Approval of previous Meeting Minutes
i. Minutes for April 20, 2022, were approved. 6 yays; 0 nays; 0 abstentions.
Motions
Motion # Motion 1st 2nd Yay Nay Abstain
1 Approve minutes for April 20,
2022
Richert Llewellyn
4. Planning Commission Updates
a. There were no Planning Commission Updates.
5. DCD Staff and Director Updates
a. Stipends Update
b. DNR Forest Harvest Update
c. Unified Development Code Docket Changes Update: postponed to future meeting
d. Tri-Area Trails Program—bicycle ride with Public Works Director in Summer
6. Public Comment
The Chair opened the floor to public comment on non-agenda items and no one spoke.
7. Consent Agenda
a. Tri-Area Active Transportation Map
Regular Business
8. Temporary Housing Facilities Public Hearing
a. Housing Facilities staff report with line-in/line-out Ordinance
b. Clean Copy of Proposed Ordinance
c. SEPA Checklist
d. Public Comments
Jefferson County Planning Commission
MEETING MINUTES
Virtual Meeting (no in-person attendance allowed per Gov. Inslee’s Proclamation 20-28)
May 4, 2022
P: 360-379-4450
621 Sheridan St. F: 360-379-4451
Port Townsend WA 98368 plancomm@co.jefferson.wa.us
6:44 pm
1. Linda Mattus, 141 Nelsons Landing Rd
2. Vikki Sonntag, 450 35th St
3. Cherish Cronmiller, 1652 S. Jacob Miller Road
4. Gina McMather, 374 Jaypopper Way
5. Glen Eppick, 225 Loftus
6. Teren McClound, 241 Sand Rd
7. Rachel Carbon, 820 Blue Ridge Rd
8. John Geiser, 300 Loftus Rd
9. Marcia Kelborne, 237 River Ridge Rd
Hearing Closed
Deliberations
a. Commissioners Nilssen and Koan shared concern that they will have a planned,
excused absence from next meeting. The chair ensured they had sufficient time to
participate in the beginning of deliberations.
b. Deliberation on the proposal will continue May 18, 2022.
7:23 pm Adjournment
• The next Planning Commission meeting is scheduled for May 18, 2022, 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_____, 2022.
____________________________
Richard Hull, Chair Helena Smith DCD Land Use Technician
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ITEM 7
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ITEM 7
JEFFERSON COUNTY
PLANNING COMMISSION
STAFF REPORT
TO: Jefferson County Planning Commissioners
FROM: Brent Butler, Director, Department of Community Development
DATE: April 20, 2022
SUBJECT: Unified Development Code Amendment Docket
STATEMENT OF ISSUE:
Planning, Building and Prosecuting Attorney’s office staff frequently identify areas for improvement or
necessary changes to the Jefferson County Unified Development Code (“UDC”). Amendments frequently
are triggered by changes to Federal or state law, the adoption of new guiding documents such as the 2018
Jefferson County Comprehensive Plan or minor errors do to a mistake, the latter is commonly known as a
Scrivener’s error and refers to an error due to a minor mistake or inadvertence.
BACKGROUND
Community Development has maintained a running amendment “Docket” of proposed changes to the
UDC. This docket was reviewed by Staff and the Planning Commission during development of the 2018
Comprehensive Plan Periodic Review and Update, including a number of UDC amendments.
Not all of the amendment proposals were addressed at that time, and since 2018, there have been
additional items added to the UDC Docket, as well as emerging issues that need to be docketed for future
analysis and potential implementation. A current list is attached: “UDC Amendments Deferred from
2018 Docket to Future Work Plan ver. 2022-04-20”.
ANALYSIS
Regular amendments to the UDC to correct errors, clarify how the code is to be implemented, or update for
purposes of changing state regulations, creates efficiency in application of the code and better understanding
by our citizens of Jefferson County.
Not all suggested amendments hold the same level of urgency, as seen by the deferral of some 2018 docket
items. However, Community Development and the Planning Commission should entertain a regular
dialogue of how emerging issues can affect a need for a UDC amendment.
ITEM 9a
RECOMMENDATION:
Review the attached list of docket items to gain a sense of which are Scrivener’s errors, clarifications
needed, or larger deliberative items. You may want to look at the published code.
https://www.codepublishing.com/WA/JeffersonCounty/#!/JeffersonCounty18/JeffersonCounty18.html
There are some items that staff will recommend need immediate action. This will be discussed at the
April 20, 2022 meeting.
ITEM 9a
UDC Amendments Deferred from 2018 Docket to Future Work Plan ver. 2022-04-20
Item #Type of
Change
Code Section Description
8 M 18.10.030 Add definition for “Cumulative Effects of similar actions in the area” as used in 18.15.610. See
18.25.100(3)(aa), and discussion on review page 8.
10 18.10.190 Add definition for Standing. Cf. 18.05.085(3).
23 M 18.15.040 Table 3-1 Fix awkward adjectival adjective "recreational" reference in "Marijuana recreational producer",
"Marijuana recreational processor", "Marijuana recreational retailer". Remove altogether or
write as "Marijuana producer (recreational)". Performance standards are awkwardly in
alphabetized list under "Recreational" at 18.20.295. Move to "M".
30 M 18.15.1124 Clarify standards used for FAA regulations with document cite.
31 M 18.15.1132 Ground transportation facilities—provide regulation cite.
38 M 18.15.225 The JCC stillAmend references to the appellant examiner for the Reasonable Economic Use
Variance process. Does this mean that we would still use the appellant examiner process in these
instances? Should this be docketed? Or has it already been? 18.15.225 Notice.
39 M JCC 18.15.255 JCC 18.15.255 (3)(a) references an outdated portion of the On-site Sewage Code. I believe it and
should reference WAC 246-272-22501.
47 M 18.15.572 Review possibly awkward construction between 18.15.470 "Article VI-L Remote Rural Overlay
Districts for the West End Planning Area and the Brinnon Planning Area" and 18.15.572 "Article VI-
O Small-Scale Recreation and Tourist (SRT) Overlay District" -- which is referring only to Brinnon
Subarea Plan. Rename Article VI-O to include "Brinnon Subarea Plan" or address all SRT in one
area. See also Article VII -- Subarea Plans; 18.15.580 Brinnon Subarea Plan.
49 M 18.15.610 (2)(b)MID approval criteria. Analyzing impacts of major industrial development--uses term "cumulative
effects" which should probably be defined.
51 M 18.15.635 Reauthorization of Article needed through Board’s legislative action.
Refers to code provisions for Major Industrial Developments (MID) -- requires public hearing and
reauthorization action. Review Growth Management Act (GMA) amendments.
52 S 18.18 Code Interpretation 6/10/2009 explaining transitional and urban zoning and lot combinations.
Review interpretation for possible code text that is more expository.
ITEM 9a
59 S 18.18.100(2)(g)UGA sign regulations differ from 18.30.150(8)(d) and may be impermissible restraint on speech.
Generally, need to review sign code across UDC for compatibility between 18.18, 18.20 and 18.25.
Review for compliance with "strict scrutiny" standard.
69 S 18.20.295 (4)(g)18.20.295 (4) (g) – Recreational Marijuana: site development standards require all have “Type A”
landscape screening from adjacent parcels. This is nonsense not appropriate for retail. Add text
here about administrative options to adapt different performance standards.
70 S 18.20.140 JCC 18.20.140 needs requirements for General Institutional Uses.
71 M 18.20.150 (1)(c)Update RCW reference.
72 M 18.20.160 (5)(c)+Revise release of moratorium and add the one acre provision 18.20.160 (5)(c) (assessor allows
one-acre site allowing to remain under forestry tax category.)
73 M 18.20.160 (5)The text of RCW 76.09.060 and JCC 18.20.160(5) are conflicting. The text needs to be updated to
coincide with one another. [Forest Practices Act, conversion harvest and development
moratorium.]
77 M 18.20.200 Include marijuana operation in prohibition list for home businesses.
79 M 18.20.295 Update name of “Liquor and Cannabis Board”. Add definitions for license and licensee.
81 M 18.20.295 (3)(b)Add USE in "Allowed as conditional discretionary (C(d)) use with a cottage industry permit…"
84 M 18.20.350(3)(j)(v)“Cumulative effect” or “cumulative impact” undefined [use definition from State references -
RCW or WAC].
92 S 18.30.050 Table 6-1 *JCC 18.30.050 Table 6-1 at Minimum rear and Side Setbacks...add footnote "20"
*Footnote 20. "If a development proposal depends on two or more lots or parcels to be
considered as one site for purposes of complying with the provisions of this title or of any other
provision of Jefferson County Code, the department may require a the applicant to record a
covenant to the benefit of the county that requires the retention of the lots under common
ownership and control for the duration that the use is maintained on the site."
*Area of Impervious Surface Coverage. Change to include pervious pavement in the calculation.
*Note 15 re: stormwater requirements on parcel < one acre, show it's minimized, demonstrate
house is comparable to neighborhood (gross floor area).
101 S 18.30.100 Table 6-3 Investigate parking stall size standards for compact vehicles.
ITEM 9a
103 S 18.30.130 (8)(b)Pruned and trimmed as necessary—see Wuthrich v. King County, No. 92555-5 and note for JCC
18.30.050.
104 M 18.30.150 (8)(d)Harmonize with UGA sign code at JCC 18.18.100.
106 M 18.30.150 (8)(d)Removed time limits for political signs. JCC 18.30.150 regarding time limits for political signs--
Reed v. City of Maguire U.S. Supreme Court applies strict scrutiny to any regulation based on
content. Remove the political time limits so they are not regulated differently from real estate
signs, et cetera. JMP
107 M 18.30.150 (6)(r)*(r) need height standard referencing "urban residential" zone too.For UGA development standard
review
118 S 18.35.470 Make the condominium-ization – JCC 18.35.470 – language clearer with consideration for possible
eaffects on ADU’s.
no text yet
119 S 18.35.670 The plat alteration section (JCC 18.35.670) is kind of left hanging without a final “what to do”. We
should work on adding this. Should include final steps including such as taxes being paid, number
of copies for final, signature blocks, etc. Please let me know if you’d like me to work on this
section.
needs more discussion & process
improvement
121 M 18.40.030 (5)Edit sentence "Project review conducted pursuant to…" for clarity.not sure what the problem is
129 M 18.40.130 (2)Review text and revise for clarity. Looks like cut/paste from RCW and not completely in context.
133 S 18.40.230 Aaland: In first paragraph, changed the provision to combine the notice of application with
threshold determination from “may” to “shall” combine to conform with 18.40.780(1)(c)
needs more process work
133 S 18.40.230 [Note: this is part of a larger issue of noticing before appeal period runs out.
133 S 18.40.230 Staff: Noticing timeframes in JCC 18.40.230 do not agree with those specified in JCC
18.40.330(2)(b) and (3) - SEPA notice cannot be combined for noticing as specified in JCC
18.40.230 in case of SEPA appeal (due to SEPA appeal noticing timeframes).
See also 18.40.780 (1)(c) which says threshold determination and hearing notice "shall" be
combined. This creates a problem to couple the two, because the hearing is noticed without
allowing the appeal period to run out, and any appeal would be omitted from the hearing notice.
135 S 18.40.330(6)Added a new (6) explicitly eliminating certain SEPA appeals. [Evaluate this change further.]
ITEM 9a
142 S 18.40.640 Code Interpretation, David Goldsmith (no date, 2016),: Administrative Road Setback Variances
shall be subject to Article IX, 18.40.640 Variance Types -- Review Process, as a distinct variance in
addition to other types of variances provided in the code. Refer also to 18.30.050 Table 6-1
footnote #6, "...the administrator may reduce the minimum road setbacks if the strict application
of such setback would render a legal lot of record unbuildable under the provisions of the code."
18.40.650(5) that condition is not caused by applicant. Clarify that the application will be
evaluated under variance criteria. Ensure consistent and equitable review for all applicants.
143 S 18.40.760(3)(a)(i)Add more detailed “cumulative impact” language
144 S 18.40.810 (8)Deleted requirement to mail notice of appeal ten days prior to hearing.
147 S 18.40.030 Additional language to determine project review type.
149 M 18.40.530 Define vague terms in Approval of Conditional Uses—“cumulative effect”, “similar actions”, “in
the area”.
150 M 18.40.650 Review variance approval criteria, “cumulative impact” language with other sections, & Shoreline
Master Program (SMP).
155 S 18.45 18.45 does not make a clear distinction between an annual amendment cycle and the periodic
review. The schedule for a periodic review simply refers to the annual amendment cycle.
Therefore, to handle the scope of a periodic review, DCD has to pass a Resolution to defer annual
amendments so that we’re not “trying to change a flat tire while the car is travelling”. A periodic
review of the CP Comprehensive Plan needs to allow DCD to establish a work plan with its own
schedule.
158 S 18.50.060(6)*Notice considered served three days after posting
18.50.060 *Enforcement: Notice and Order – service by mail, change postmark date to “3 days after
postmark”
159 S 18.50.110(1)(d)Civil and criminal penalties—when fines accrue, postmark date to “3 days after postmark”.
Correct fine/imprisonment amounts/times for misdemeanor.
18.50.110(4)
162 S Title 15 Adopt International Residential Code Appendix Q for Tiny Home standards. Alternately adopt our
own modification of Appendix Q. See emails Mary Blaine and Patty Charnas 11/13/17 and
11/14/17.
163 S 18.40.310 Reconsideration. Review Pierce County's code provisions. 5- day request time period and 10-day
response period is limiting.
164 S 18.30 Clarify meaning of no minimum lot size in Table 6-1, Ch. 18.30. Does not make small lots
"noncomforming" in terms of SMP.
ITEM 9a
165
18.20.020(2)(g)
Clarify when a shipping container can be remodeled into ADU. Differentiate between a "road
ready" vehicle typically receiving a state-plan or self-certified insignia from the Washington State
Department of Labor and Industries with a dwelling that is converted from something else such
as a shipping container, shed or other open framed building and the conversion takes place on the
site where it will be used. Truck storage container different from shipping container?
deferred
166
18.40.180
"A notice of application shall not be required for Type I project permits that are
categorically exempt under SEPA, unless a public comment period or an open record
predecision hearing is required. A notice of application shall be required for all Type II and
Type III projects, regardless of whether such projects are exempt from SEPA. [Ord. 8-06 §
1]
deferred
167
M 18.40.530
Remove requirement regarding compliance with federal statutes as a local CUP approval criteron.
"(g) The conditional use complies with all other applicable criteria and standards of this code and
any other applicable local code , state or federal law; and more specifically, conforms to the
standards contained in Chapters 18.20 and 18.30 JCC;"
completed
168 18.40.330 and Article III
Public Notice
Requirements Chapter
18.40,
No protocol identified for re-noticing projects when the project has changed. i.e. SEPA now
required when it wasn't before, example timeline:Type III project notice period ends, proponent
changes project adding additional parking triggering SEPA, how to (or should?) re-notice provide
comment period again and allow SEPA appeal to be consolidated at Type III hearing.
added 2018
169 JCC 18.40.800 and
18.40.750(3)(g)
duplicate language added 2018
170 18.15 and check 18.05 Text amendment in the description of Inholding Forest to match Comprehensive Plan. Remove
vesting sentence.added 9-24-18
171 18.45.040 (b)(v)reference error: current text is "(1)(c) and (1)(d)", should be "(1)(b) and 1(c)"added 1/18/19
172
18.40.720 (4)
reference error: cites Ch. 42.17 RCW which has morphed to Ch 42.17A Campaign disclosure and
contribution. Possibly reference should be Ch. 42.56 RCW Public Records Act.added 2/12/19
173
18.20.060
Code section is written too narrowly for dogs and cats. Animal shelters and animal welfare
facilites exist for other animal species. Refer to PRE19-00011 Discovery Bay Ranch Animal Shelter
and attorney challenge that 18.20.060 does not apply, but only can do "livestock management"
under Ag Code 18.20.030. Misses opportunity to provide CUP and protection from nuisance
provisions of Title 6 - Animal Control.
added 4/29/19
ITEM 9a
174 Update based on passge of SB 1377 relating to density bonuses for affordable housing on
property owned by a religious organization.added 8/1/2019
175 18.40.570
Revise to differentiate between minor and major amendment. Use draft language from PAO added 8/1/2019
176 18.30.040 (4)(based on recommendation from PAO, repeal. It is no longer relevant added 8/1/2019
177 JCC 18.40.810 Standard of Review not "de novo". added 3/28/2022
ITEM 9a