Planning Commission meeting materials available at: http://www.douglascountywa.net/departments/tls/planning/pdf/Current_Meeting_Packet.pdf

AGENDA

Wednesday – June 13, 2018 – 5:30 PM Douglas County Public Services Building Hearing Room

140 19th Street NW, East Wenatchee, WA

I. CALL MEETING TO ORDER II. ADMINISTRATIVE PROCEDURES

a) Review minutes of the January 10 and April 11, 2018 Planning Commission meeting.

III. CITIZEN COMMENT

The planning commission will allocate 15 minutes for citizen comments regarding items not related to the current agenda.

IV. OLD BUSINESS - NONE V. NEW BUSINESS

a) A study session on cargo containers being used for cryptocurrency mining. This session will introduce the issue of aesthetics and operations of cargo containers being used for mining. This is following the County’s decision to enact a moratorium on this type of activity.

b) A study session on amendments to the Conditional Use Permit Matrix. This

session will address including reception hall/centers and wedding chapels as a conditional use in the Commercial Agriculture 5 (AC-5) zoning district.

c) A Study session on amendments to DCC 18.86.050. This section of code

governs development standards for marijuana producers, retailers, and processors. This amendment proposes to modify setbacks for outdoor production.

VI. Adjourn

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DRAFT ACTION MINUTES

Wednesday, January 10, 2018 Hearing Room, Douglas County Public Services Building

140 19th Street NW, East Wenatchee, WA

I. CALL MEETING TO ORDER The meeting was called to order by Vice Chair Michael Machado at 5:30 P.M. Douglas County Planning Commission Members Present: Tanya Davis, Molly Linville, Michael Machado, Marc Straub Douglas County Staff Present: Mark Kulaas, Land Services Director City of East Wenatchee Staff Present: Lori Barnett, Director of Community Development II. ADMINISTRATIVE PROCEDURES

a) A motion to approve the meeting minutes from the November 8, 2017 Planning Commission meeting was made by Planning Commission member Straub and seconded by Planning Commission member Davis. The motion was passed unanimously.

III. Citizen Comment - None IV. Old Business – None V. New Business

a) A study session on City of East Wenatchee CPA/ZC 2017-01: An application by Paul Bondo for Equilus Partners, LLC, proposing an amendment to the Greater East Wenatchee Area Comprehensive plan land use map and the East Wenatchee Official Zoning Map that would change the land use designation and zoning of approximately 3.7 acres from Residential

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Low Density (R-L) to Residential Medium Density (R-M). The subject property is located at 50 14th St. NE, East Wenatchee, WA and is legally described as Lot 1, Jennings Short Plat, all within Section 2, Township 22 N. Range 20 EWM., Douglas County, Washington. Assessor’s parcel number 07900000045.

Lori Barnett, City of East Wenatchee, briefed the planning commission on the substance, history and status of the proposal. Copies of additional materials including comments from neighboring property owners was distributed. The city planning commission has recommended approval and the city council had a first reading of an adopting ordinance during the January 9, 2018 council meeting. Final action is anticipated January 23. The county planning commission will hold a hearing on the proposal, if approved by the city council, on February 14.

b) Open Government Training

Director Kulaas noted that members of planning commissions are included in the legislative mandate for participating in Open Government Training. The planning commission watched a video presentation on the Open Public Meetings Act (OPMA). The video was produced by the state Attorney General’s office and qualifies as acceptable training on the OPMA. A presentation on the essential elements of the Appearance of Fairness Doctrine was also made.

VI. Adjournment

The meeting adjourned at 6:20 P.M.

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DRAFT ACTION MINUTES Wednesday, April 11, 2018

Hearing Room, Douglas County Public Services Building 140 19th Street NW, East Wenatchee, WA

I. CALL MEETING TO ORDER The meeting was called to order by Vice Chair Michael Machado at 5:38 P.M. Douglas County Planning Commission Members Present: Tanya Davis, Michael Machado, Marc Straub Douglas County Staff Present: Mark Kulaas, Land Services Director Tanner Ackley, Associate Planner City of East Wenatchee Staff Present: Lori Barnett, Director of Community Development II. ADMINISTRATIVE PROCEDURES

a) None.

III. Citizen Comment - None IV. Old Business – None V. New Business

a) A study session on small cell wireless facility siting.

Lori Barnett, City of East Wenatchee, briefed the planning commission on the issues being addressed by the city for the East Wenatchee urban growth area. The city is examining revisions to both styles of telecommunication: small cell wireless and conventional, larger scale cellular communications. It

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is anticipated that draft revisions will move through the hearing process before the end of the year.

b) A study session on sign regulations following the US Supreme Court decision

(Reed v. Town of Gilbert) regarding the regulation of sign content.

Mark Kulaas outlined the main issue of the US Supreme Court decision that directs that signs cannot be regulated based on content, yet other standards such as size, location, illumination, etc. can be applied. Presently, area local governments are proceeding slowly on this issue, in large part as there are few issues with sign placements. As more clarity emerges, updates will be presented.

VI. Adjournment

The meeting adjourned at 6:21 P.M.

DOUGLAS COUNTY

TRANSPORTATION & LAND SERVICES 140 19TH STREET NW, SUITE A • EAST WENATCHEE, WA 98802-4191

PHONE: 509/884-7173 • FAX: 509/886-3954

www.douglascountywa.net

MEMORANDUM TO: Douglas County Planning Commission FROM: Transportation & Land Services Staff DATE: May 31, 2018 SUBJECT: Moratorium on Cargo Containers used for Cryptocurrency Mining

The Board of Commissioners enacted a moratorium on the use of cargo containers as a

principal structure used for cryptocurrency mining. The moratorium was enacted

primarily to address aesthetic issues although there have been additional issues such

as placement and modifications without proper permits.

The Board has requested recommendations on the use of cargo containers as a

primary structure specifically for cryptocurrency mining. As the name implies, and as

defined, a “cargo container” was designed and fabricated to as a freight vessel. Its

typical “land based” purpose has been for storage, similar to a shed or other outbuilding.

Its application as a structure for other purposes raises questions of structural integrity,

safety of persons entering the container, compliance with other related codes applicable

to building in general, and of course aesthetics.

Cryptocurrency mining as a land use is categorized under the use “data storage

facilities” and can also be considered a “high tech industry.” In either use description

they are only allowed in the General Industrial (I-G) zoning district under the county

code.

Consistency with codes related to building and site development (e.g. access, road

improvements, stormwater control, landscaping, parking, etc.) can be addressed during

a building permit review process. Aesthetics associated with cargo container use as a

principal structure are not, however, addressed in the county code.

Research on how other jurisdictions have addressed cargo container placement vary

among cities and counties in the state. It ranges from outright prohibition as a principal

or accessory building to no standards beyond placement permits, if they are required.

Most standards, though, address cargo containers as an accessory use, such as for

storage. Standards address a number of items including maximum area of use,

meeting standard setback requirements, screening/landscaping, prohibition as a fence,

restrictions on stacking, requirements to install siding typical to the area (residential

areas), painting to match the primary structure and prohibition on habitation.

There are two central questions, one related to the specific use identified in the

moratorium, and the other asks if there should be standards that apply to cargo

containers used for cryptocurrency and not for those used for accessory storage in the

same zoning district and the same general area.

Insofar as design standards for cargo containers here are some items to consider:

Setbacks

Lot coverage

Access and circulation

Stormwater

Color/painting

Roof pitch

Placement in an enclosed building

Noise from cooling fans

Staff will assist in your discussion of these during the June 13 meeting by providing the

results of our research of the approach other jurisdictions have taken with regard to

cargo containers in general. Once these areas are discussed and some consensus on

how/whether to address each of these, and other issues that may come forward during

the discussion, then the conversation can turn to the second questions: the scope of

application of the standards.

DOUGLAS COUNTY

TRANSPORTATION & LAND SERVICES 140 19TH STREET NW, SUITE A • EAST WENATCHEE, WA 98802-4191

PHONE: 509/884-7173 • FAX: 509/886-3954

www.douglascountywa.net

MEMORANDUM TO: Douglas County Planning Commission FROM: Transportation & Land Services Staff DATE: May 31, 2018 SUBJECT: Amendments to DCC 18.80.320 Conditional Use Permit Matrix

The Board of Commissioners have initiated a proposal to consider the amendment of the conditional use permit matrix that would allow reception hall/centers as a conditional use in the Commercial Agriculture 5 (AC-5) zoning district. Staff recommended the Board initiate the public review of the proposal as the AC-5 district is the only non-urban zoning district that does not provide this option. Moreover, the most recent expansion of the East Wenatchee Urban Growth Area (UGA) substantially reduced the size of the AC-5 district, reducing the possibility of conflict with residential uses within the UGA. The draft proposal is attached. It has been submitted to the state Dept. of Commerce to start the sixty-day review period. The proposal will be presented during the workshop during your June 13 meeting. It is anticipated that a public hearing will be scheduled for your August 8 meeting.

Draft 05-30-2018 1

Note: Proposed amendments are additions as highlighted and underlined.

Table 18.80.320

Conditional Use Permit Matrix

R-

REC

RR-

2

RR-

5

RR-

20 RSC

AC-

5

AC-

10

A-

D

R-

EPF I-G

Agricultural housing (as a principal use) C

Agricultural market on a parcel not located adjacent to

a state highway

C C C C C C C C

Agriculturally related industry C C

Airport, heliport C C C C C C

Airstrips, helipads C C C C C C C C

Aquaculture C C

Bed and breakfast with 3 or fewer rooms

Bed and breakfast with 4 to 10 rooms C C C C C C C C

Boarding (rooming) house C C

Bulk fuel storage, sales, distribution C C C

Cemeteries, mausoleums C C C C C C C

Chemical fertilizer distribution, sales, bulk storage—

agriculture

C C

Chemical, drug and alcohol treatment facility C

Church and associated parsonage C C C C C C C C

Community halls, granges C C C C C

Composting, commercial C C C C C

Convalescent/nursing home, assisted living facility C

Draft 05-30-2018 2

Table 18.80.320

Conditional Use Permit Matrix

R-

REC

RR-

2

RR-

5

RR-

20 RSC

AC-

5

AC-

10

A-

D

R-

EPF I-G

Convenience store C

Day care center C C C C

Dependent care housing C C C C C C C C

Eating/drinking establishment C

Education services C C C C C C C C

Essential public facilities C C C

Farm implement/equipment repair and service C

Farm implement/equipment sales C

Farm labor center C C C C C C

Farm supply sales C C

Feed lots, commercial; livestock auction sales C C C

Food/beverage/convenience sales C

Gas/service station C

Governmental uses and structures: C

Maintenance and storage C C C C C C C

Office facilities C C C C C C

Grain storage (commercial elevator)

Greenhouse and/or plant nursery, retail C C C C C C C C

Guest ranch, retreat center C C C C C C

Hazardous waste treatment/storage facility C C

Draft 05-30-2018 3

Table 18.80.320

Conditional Use Permit Matrix

R-

REC

RR-

2

RR-

5

RR-

20 RSC

AC-

5

AC-

10

A-

D

R-

EPF I-G

Horse boarding/training facilities C

Hospitals

Inert waste storage, permanent C C C C C

Kennels, commercial C C C C C C C

Manufactured home parks C

Medical/dental outpatient services C

Mineral extraction C C C C

Asphalt/concrete batch plant C C C C C

Mini storage facilities C

Neighborhood retail/service business C

Packing houses, warehouses, storage greater than

10,000 square feet

Reception hall/center, wedding chapel C C C C C C C C

Recreation facilities, public and private

Golf courses C C C C C

Historical, cultural interpretive sites C C C C C C C C

Outdoor commercial facilities and activities charging

an admission fee for participants or spectators, such

as motorized vehicle events or horse racing

C C

Public and private parks C C C C C C C

Recreational vehicle parks and campgrounds C C C C C C

Draft 05-30-2018 4

Table 18.80.320

Conditional Use Permit Matrix

R-

REC

RR-

2

RR-

5

RR-

20 RSC

AC-

5

AC-

10

A-

D

R-

EPF I-G

Scale model clubhouses and facilities, e.g., airplanes,

railroad, vehicles

C C C C C C C

Shooting ranges C C

Sports fields and courts C C C C C

Water dependent facilities, including without limitation

boat launches, fishing access points, marinas, public

docks

C C C C C C C C

Sheet metal, welding shops C C

Solid waste disposal sites and handling facilities with

a capacity of 200,000 cubic yards or more

C C C

Utilities:

Distribution/transmission facility C C C C

Energy generation facilities as a primary use C C C C C C C C

Offices/maintenance/storage C C

Vehicle repair shops C C

Veterinary clinic C C C C C C C

Wrecking, junk, salvage yards C C C

DOUGLAS COUNTY

TRANSPORTATION & LAND SERVICES 140 19TH STREET NW, SUITE A • EAST WENATCHEE, WA 98802-4191

PHONE: 509/884-7173 • FAX: 509/886-3954

www.douglascountywa.net

MEMORANDUM TO: Douglas County Planning Commission FROM: Transportation & Land Services Staff DATE: May 31, 2018 SUBJECT: Amendments to DCC 18.86.050 Outdoor Marijuana Production Setbacks

The Board of Commissioners have initiated a proposal to consider the amendment of the setbacks for the outdoor production of marijuana. Presently, outdoor production must be at least one mile from an urban growth area boundary. The draft amendment would, if approved, allow a reduction in this setback when the UGA boundary and the outdoor production area are at least 1000 feet in elevation difference. The draft proposal is attached. It has been submitted to the state Dept. of Commerce to start the sixty-day review period. The proposal will be presented during the workshop during your June 13 meeting. It is anticipated that a public hearing will be scheduled for your August 8 meeting.

DRAFT 05-30-2018

Note: Amendment additions are underlined.

18.86.050 Development standards.

A. Marijuana producers, processors and retailers shall be subject to the development

standards of the underlying zoning district, the Douglas County Code, and all other local

and state laws except as modified in this chapter.

B. No marijuana producer, processor or retailer shall be permitted within a dwelling

unit or within a building physically attached to a dwelling unit.

C. No marijuana producer, processor or retailer shall emit excessive odors detectable

at any lot line of the property of the marijuana production, processing or retail sales.

D. Marijuana production and processing in all zoning districts shall be within an

entirely enclosed building, except that outdoor production may be permitted in the AC-

10, RR-20 and A-D districts subject to the following setback/buffer standards:

1. At least one mile (five thousand two hundred eighty feet) from an urban

growth area boundary, EXCEPT, where the elevation of the fenced

perimeter of the outdoor production area closest to the nearest point of the

urban growth area boundary are separated in elevation by at least one-

thousand (1000) feet the setback may be reduced to one-half mile (two

thousand six hundred forty feet), and

2. At least one-half mile (two thousand six hundred forty feet) from an off-

premises residence, and

3. At least one-half mile (two thousand six hundred forty feet) from a rural

recreation (R-REC), rural service center (RSC) or master planned resort

(MPR) zoning district, and

4. At least one-half mile (two thousand six hundred forty feet) from any

individual lot (residential) in a cluster division or a clustering of existing lots,

excluding reserve lots.

DRAFT 05-30-2018

The above setbacks/buffers apply to all outdoor production and processing activities,

and outdoor areas required by the state of Washington to be secure, except for access

driveways and parking areas. Distances shall be measured in the most direct manner.

Outdoor marijuana production and processing is not allowed in an I-G district.

E. All production and processing operations must be located at least one thousand

feet from a public park owned and/or operated by a city, county, special purpose or

utility district, state agency or federal agency. The distance shall be measured as the

shortest straight line distance from the property line of the proposed building/business

location to the property line of the public park.

F. Sources of light for marijuana production and processing facilities and operations,

including security lighting, shall be designed and shielded so as to keep light from

directly projecting over property lines. Buildings shall be constructed with opaque

materials or otherwise designed to eliminate fugitive light and glare visible off-premises.

G. Production and processing buildings shall be designed and otherwise oriented to

mitigate noise impacts on neighboring properties. Methods of reducing noise impacts

from heating, ventilation and conditioning equipment may include muffling, dampening,

shielding and/or deflecting equipment noise.

H. Applicants for marijuana production and processing facilities must submit

verification of a lawful source of water (e.g., irrigation/water district, water right and

metered well/surface water withdrawal) that will be used for production and processing.

I. Off-street parking shall be provided in accordance with DCC Chapter 20.42.

J. Stormwater runoff shall be managed in accordance with DCC Chapters 20.34 and

20.36.