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HomeMy WebLinkAbout2011 11 01 DRAFT PC recommendation letter re SMP updateJEFFERSON COUNTY PLANNING COMMISSION 621 Sheridan Street | Port Townsend, WA 98368 360-379-4450 | email: PlanComm@co.jefferson.wa.us www.co.jefferson.wa.us/580/Planning-Commission November 1, 2023 [DRAFT letter for consideration at 11/1/23 meeting] Jefferson County Board of Commissioners PO Box 1220 Port Townsend, WA 98368 Re: Planning Commission Recommendation for Shoreline Master Program Periodic Review Dear County Commissioners: The Jefferson County Planning Commission is pleased to forward the following findings and recommendations regarding periodic review of the county’s Shoreline Master Program (SMP). We provide these recommendations for consideration in your final deliberations regarding the proposed SMP amendments. Planning Commission Review: All proposed amendments to the Comprehensive Plan and associated development regulations, including the SMP, are assessed by the Planning Commission, which makes a recommendation to the Board of County Commissioners (BoCC) after holding at least one open record public hearing. Periodic Review of the SMP began in the 2019-2021, continued through the 2021-2013 biennium, and extended into the current 2023-2025 biennium. See the image below, created by BERK Consulting, for a graphic representation of the planning process to date. 2 Starting in June 2023, the Planning Commission held a series of meetings that included the SMP Periodic Review on the agenda. These meetings included staff reports and presentations from the Department of Community Development (DCD) and consultants, as well as public comment and Planning Commission discussion. On September 20, DCD initiated a duly-noticed formal public comment period that lasted to midnight on October 4, 2023. During the Planning Commission meeting on October 4, the Planning Commission held a public hearing on proposed amendments as published on September 20. During our meeting on October 18, we deliberated on the proposal, using the staff report from DCD and the consultants as a guide. At the conclusion of that meeting, we agreed in principle to a recommendation and requested that staff prepare complete versions of the proposed SMP update, including a Track Changes version and a clean version with all changes accepted. At our November 1 meeting, we voted [insert results here] to forward our recommended SMP amendments to the BoCC. Planning Commission Findings: Pursuant to Jefferson County Code (JCC) 18.45.090, when making a recommendation to the Board of County Commissioners (BoCC) that involves amendments to the county’s development regulation, the Planning Commission considers the criteria set forth in JCC 18.45.080(1)(b) and (c), as applicable.1 JCC 18.45.080(1)(b) (i) Whether circumstances related to the proposed amendment and/or the area in which it is located have substantially changed since the adoption of the Jefferson County Comprehensive Plan; Planning Commission Finding: This criterion does not apply to an SMP periodic review required by the Washington State Shoreline Management Act (SMA) and associated Washington Administrative Code (WAC). That said, circumstances have not changed significantly since the 2018 Comprehensive Plan periodic review. (ii) Whether the assumptions upon which the Jefferson County Comprehensive Plan is based are no longer valid, or whether new information is available which was not considered during the adoption process or any annual amendments of the Jefferson County Comprehensive Plan; and Planning Commission Finding: This criterion does not apply to an SMP periodic review required by the SMA and associated WAC. That said, circumstances have not changed significantly since the 2018 Comprehensive Plan periodic review. (iii) Whether the proposed amendment reflects current widely held values of the residents of Jefferson County. Planning Commission Finding: The importance of the county’s SMP is recognized in the Jefferson County Comprehensive Plan. We believe that the widely held values of the residents of Jefferson County include complying with the SMA and keeping the county’s SMP up-to-date. The depth of public comment received during this planning process demonstrates the level of interest in the community. That said, there are differences of opinion for addressing a number of policy questions. We believe that the proposed SMP amendments as recommended by the Planning Commission reflect widely held values of the residents of Jefferson County. 1 Notwithstanding the reference in 18.45.080(1)(b), the growth management indicators set forth in JCC 18.45.050 are not applicable to an SMP periodic review required by the Washington State Shoreline Management Act. 3 Planning Commission Recommendation: The Planning Commission hereby transmits a recommendation to the BoCC for adoption of amendments to the SMP as a result of SMA-required Period Review. The Planning Commission wishes to commend the Department of Ecology, the BoCC, the SMP Task Force, DCD staff, the consultants (BERK Consulting and Shannon & Wilson), stakeholders, and the public for their contributions to this process. Please see the following attachments that comprise the Planning Commission recommendation, along with supporting information: [Note: list of attachments subject to change.] 1. SMP with proposed amendments shown in Track Changes format, including margin annotations. 2. SMP clean version with proposed amendments included (i.e., what the language will be if and when amendments are adopted). 3. JCC 18.40 Amendment – Permit Type – Proposed amendments to JCC 18.40.040 that change shoreline substantial development permits (SDPs) under the SMP from a Type III permit decision to a Type II permit decision. 4. SMP Periodic Review Checklist – Tool for cities and counties subject to the SMA to ensure their SMP complies with current state laws, rules, and guidance and is consistent with the local comprehensive plan and development regulations. 5. Initial Determination of Consistency Matrix – Set of required and recommended changes from Department of Ecology's review of previous SMP update draft. 6. State Environmental Policy Act (SEPA) Checklist for Non-project Action 7. Written comments submitted during the comment period from September 20 through October 4. 8. Cumulative Impacts Analysis (CIA) – Addendum to 2009 CIA based on 2023 proposal. 9. Select Planning Commission meeting minutes, including October 4, at which time a public hearing was held on proposed SMP amendments. 10. Select Planning Commission packet information, including staff reports and presentations from DCD and consultants concerning aspects of the SMP Period Review. Thank you for your consideration. _______________________________ Richard Hull, Chair Jefferson County Planning Commission Attachments