HomeMy WebLinkAbout07 0802 93
t(l ; P I ~ ""5
~ ~ &>1 -93
IN THE BOARD OF COMMISSIONERS
IN AND FOR THE COUNTY OF JEFFERSON
IN THE MATTER OF an ordinance extending}
the effective duration of the Jefferson)
County Emergency zoning ordinance, No. )
1-0106-92, an emergency land use control)
replacing the Jefferson county Development)
Code, No. 3-89, nullified by Clallam )
county Superior Court Order No. 89-00646-7,)
and ensuring that certain types of )
development activity formerly regulated)
by Ordinance No. 3-89 will be reviewed)
to ensure consistency with goals and)
policies of the Jefferson county}
Comprehensive Plan. )
ORDINANCE NO.
07-0802-93
~
The Jefferson County Board of Commissioners enter the following
findings:
1.
2.
3.
4.
5.
The Superior Court of the State of Washington for Clallam County
issued an order, No. 89-2-006460-7, on August 2,1991, declaring
the Jefferson county Development Code, No. 3-89, Jefferson
County's primary land use regulation, null, void, and without any
effect whatever.
The Court of Appeals for the state of Washington denied Jefferson
County's request for stay of the aforementioned court order
pending appeal on October 23, 1991.
On November 4, 1991, the Board enacted Resolution No. 105-91,
declaring a three (3) month moratorium on all development
activity formerly regulated by the Jefferson county Development
Code, No. 3-89, including: industrial and commercial activities;
multi-family developments; home businesses; and signs and
temporary structures.
On January 6, 1992, the Board enacted the Jefferson county
Emergency zoning Ordinance, No. 1-0106-92, an emergency land use
control replacing the Jefferson county Development Code, No. 3-
89, nullified by Clallam County superior Court Order No. 89-
00646-7, and ensuring that certain types of development activity
formerly regulated by Ordinance No. 3-89 would be reviewed to
ensure consistency with goals and policies of the Jefferson
County comprehensive Plan.
The Jefferson County Emergency zoning ordinance, No. 1-0106-92
was enacted by the Board as an emergency zoning control -
1
[VOL
19 fAG~ 898
6.
7.
8.
9.
10.
11.
12.
preserving the County's planning options under the Comprehensive
Plan, and was to remain in effect only until such time as the
County conducted studies, held hearings, and adopted a permanent
zoning control. The ordinance was enacted pursuant to Chapter
36.70.790 RCW of the washington state Planning Enabling Act.
Jefferson County has made substantial progress toward the
adoption of a permanent zoning control, and intends to adopt such
control by December 31, 1993. Although the provisions of
Ordinance No. 1-0106-92 indicate that adoption of a permanent
control was anticipated prior to July 6, 1993, such a control was
not enacted, due in part to the circumstances set forth in
findings #7 through #11, below.
On June 8, 1992, Mr. John Mauk, environmental consultant, was
retained by the County to prepare an environmental impact
statement required prior to the adoption of a permanent zoning
control.
Prior to completing the environmental review and forwarding the
appropriate documentation to Jefferson County, Mr. Mauk was
killed in an automobile accident on September 14, 1992.
Virtually all of the work product generated by Mr. Mauk remained
(and continues to remain), in the possession of Mr. Mauk' s
estate.
On November 3, 1992, two new commissioners were elected to the
Board: Commissioner Robert Hinton, and Commissioner Glen
Huntingford. Commissioners Hinton and Huntingford formally
assumed office in January, 1993.
In February, 1993, and following unsuccessful attempts to obtain
the relevant environmental documentation from Mr. Mauk's estate,
the county reopened the solicitation of bids from qualified
environmental consultants to recommence preparation of an
environmental impact statement on the County's proposed permanent
zoning control. On April 19, 1993 the county contracted with
Alpha Engineering Group to complete the environmental review.
A draft environmental impact statement was forwarded to the
Jefferson County Planning & Building Department for preliminary
review on June 21,1993. That draft document is currently being
reviewed by the Planning & Building Department, with release for
public review anticipated by mid-August, 1993.
On June 30, 1993, notice of public hearing on the proposed
extension of the Jefferson County Emergency zoning ordinance, No.
1-0106-92 was published in the Jefferson County/Port Townsend
Leader.
2
: VOL
19 f~r.f 899
13.
14.
15.
16.
17.
18.
Pursuant to Chapter 36. 70A. 390 RCW, the Board held a public
hearing in the Commissioner's Chambers of the Jefferson County
Courthouse for the purpose of receiving public testimony on the
proposed extension of Ordinance No. 1-0106-92, on July 13,1993.
On August 2, 1993, the Board conducted a public workshop with
Planning & Building Department staff for the purpose of reviewing
testimony received at the July 13, 1993 public hearing.
After reviewing the testimony submitted at the July 13, 1993
public hearing, the Board has determined that the findings that
supported the adoption of Ordinance No. 1-0106-92, remain a valid
expression of the continuing need for an emergency land use
control. Those findings, revised and expanded, are set forth
below.
Jefferson County historically has experienced rapid population
growth, which is likely to continue. Jefferson County Planning
& Building Department data, based upon figures obtained from the
Washington state Office of Financial Management, indicate that
Jefferson County experienced compound annual growth rates of:
ten and six-tenths percent (10.60%) for the years 1960 to 1970;
forty-nine and seventy-five hundredths percent (49.75%) for the
years 1970 to 1980; and twenty-seven and eighty-two hundredths
percent (27.82%) for the years 1980 to 1990. Most recently,
Jefferson County Planning & Building Department data, based upon
figures obtained from the Washington state Office of Financial
Management, indicate a growth rate of four and forty-four
hundredths percent (4.44%) for Jefferson County for the year
ending April 1, 1993 (ranking Jefferson County sixth among
counties in state-wide average growth rate). The data relative
to historic population trends demonstrates that the current rapid
population growth rate is not anomalous.
The final population projection contained in the report prepared
by the Jefferson County Planning & Building Department entitled,
"population Change in Jefferson county: The Next Twenty Years"
(August, 1993), projects a total population increase for the five
(5) year period ending March 31, 1998 of approximately four
thousand three hundred and seventy-seven (4,377) residents, for
a total population of twenty-seven thousand eight hundred and
seventy-seven (27,877) residents, as compared with twenty-three
thousand five hundred (23,500) residents at the present date.
Jefferson County Planning & Building Department data relative to
the number of zoning applications approved under the Jefferson
County Emergency Zoning Ordinance, No. 1-0106-92, from January
7, 1992 to the present date, indicates that ninety-eight (98)
zoning applications have been approved under the ordinance.
3
: YOL
19 fAΠ900
19.
20.
21.
22.
23.
24.
Jefferson county Assessor's Office data indicates that the total
value of new construction and newly created subdivisions within
the county has increased significantly, from $74,800,108 for the
five (5) years ending on July 31st 1987, to $229,663,600 for the
five (5) years ending on July 31st 1992. This rapid rise in the
value of new construction and newly created subdivisions is
symptomatic of the acute growth pressures the County is presently
experiencing.
If not managed properly, this rapid growth is likely to result
in a profusion of development activity in the unincorporated
areas of the County, leading to commercial strip development, and
commercial and industrial development at inappropriate locations,
damage to environmentally sensitive areas, and loss of resource
and rural lands.
As noted in finding #18, above, the Jefferson County Planning &
Building Department has processed ninety-eight (98) zoning
applications under the Jefferson county Emergency zoning
Ordinance, No. 1-0106-92, since its enactment. The proposals
involved in these applications are representative of the type and
scale of development activity that will likely continue in the
absence of the Jefferson County Emergency zoning Ordinance, No.
1-0106-92, if it is allowed to lapse prior to the adoption of a
permanent zoning control.
Unregulated development of the type and scale described
hereinabove runs counter to the purposes, goals, policies, and
objectives of the Jefferson county comprehensive Plan, and will
likely be destructive of the county's planning options in that
certain development activity would progress so far as to defeat,
in part, the ultimate execution of the comprehensive Plan.
Jefferson County continues to labor to replace the nullified
Jefferson county Development Code, No. 3-89. After completion
of environmental review, the County plans to adopt an official
control, containing precisely detailed maps consistent with the
Jefferson County comprehensive Plan optimum Land Use Map. The
Jefferson County Planning & Building Department estimates that
this process of review and adoption will be completed prior to
December 31, 1993.
The Growth Management Act, ESHB 2929, now codified as Chapter
36.70A RCW, requires Jefferson County to enact interim land use
controls protecting resource lands and critical areas, to amend
the Jefferson County comprehensive Plan, and to enact permanent
controls implementing the revised comprehensive Plan by December
31, 1994. If Jefferson County fails to extend the effective
duration of the Jefferson County Emergency zoning ordinance, No.
4
~. VOL
19 r~.G~ 901
25.
26.
27.
28.
29.
1-0106-92, the options available to the County in planning,
preparing and enacting the aforementioned state mandated controls
may be diminished. Moreover, if unregulated development were
allowed to occur, areas which would have been available for
designation and regulation as resource lands and critical areas
could be lost. Concomitantly, without an interim zoning control,
it is possible that urban services would be extended into
presently undeveloped areas in a random manner, leading to
sprawling, low density development wasteful of the land resource.
If the Jefferson County Emergency zoning Ordinance, No. 1-0106-
92 were allowed to lapse, the unincorporated areas of the County
would not be served by any form of zoning control, contrary to
the goals and policies of the Jefferson county comprehensive
Plan.
In order to avoid widespread circumvention of the Comprehensive
Plan, which would not serve the public health, safety, and
welfare, to preserve planning options for the classification,
designation, and regulation of resource lands and critical areas
pursuant to Chapter 36.70A RCW, the washington state Growth
Management Act, and to ensure that unregulated development does
not overburden the existing capacity of available public
services, it is necessary to extend the effective duration of
Ordinance No. 1-0106-92 until a permanent official control can
be adopted.
The Board adopted revisions to the optimum Land Use Map of the
Jefferson County comprehensive Plan, by way of Resolution No. 5-
90, which specifically designate the following commercial and
industrial areas: Mats Mats Commercial Area; Quilcene
Commercial/Industrial Area; West End Commercial/Industrial Area;
Discovery Bay Commercial Area; Chimacum Commercial Area; and the
Center Industrial Area.
The maps referenced in finding #27, above, shall continue to
serve, in part, as the foundation for the established interim
zones. certain activities and uses shall continue to be allowed
within mapped and designated commercial and industrial zones,
as prescribed by Ordinance No. 1-0106-92. certain other
activities and uses shall continue to be permitted as
"conditional uses" within the specifically mapped and designated
areas, as prescribed by Ordinance No. 1-0106-92. All activities
and uses that are not specifically referred to within Ordinance
No. 1-0106-92 shall be allowed outside of the specifically mapped
and designated areas.
The Board recognizes that some owners of property affected by
Ordinance No. 1-0106-92 may wish to develop their property in a
5
tVOL
19 rAG~ 902
30.
31.
32.
33.
manner ostensibly consistent wi th the goals, policies, and
optimum Land Use Map of the Comprehensive Plan, yet inconsistent
with the zones established by Ordinance No. 1-0106-92. To
accommodate such property owners, Ordinance No. 1-0106-92
establishes an administrative remedy by which property owners
may request a change in zoning from the emergency zoning
designation to the Comprehensive Plan Optimum Land Use Map
designation (see section 13 - Administration, subsection 9 of
Ordinance No. 1-0106-92). This administrative remedy is intended
to supplement the process of creating precisely detailed maps and
adopting a permanent official land use control, as described in
finding #5, above. Because its purpose is to obtain conformity
to the 1979 Comprehensive Plan, it is not necessary to
demonstrate a change in circumstances to obtain a change in
zoning to the comprehensive Plan optimum Land Use Map
designation. As such, this administrative remedy is not the same
as requesting a rezone. Instead, it is an integral part of the
ongoing process of creating precisely detailed maps that conform
to, and implement, the Comprehensive Plan. To preserve the
integrity of this process, the administrative remedy provided in
Ordinance No. 1-0106-92 must be exhausted before any judicial
challenge may be brought against that ordinance.
The Board intends Ordinance No. 1-0106-92, as extended by this
ordinance, to apply to all property within the unincorporated
areas of Jefferson County, to the extent permitted by law.
Any building, structure or use lawfully existing at the time of
enactment of Ordinance No. 1-0106-92, though not in compliance
with the provisions contained in that ordinance, shall not be
prohibited.
This ordinance, extending the effective duration of Ordinance No.
1-0106-92, must be enacted immediately in order to avoid an
imminent threat to the public health and safety, and to avert
potentially serious environmental degradation related to
unregulated development activity. Pursuant to Chapter 197-11-
880 of the Washington Administrative Code, this ordinance is
exempt from environmental review under the Jefferson County state
Environmental policy Act Implementing ordinance, No. 7-84, and
Chapter 43.21C RCW, the washington state Environmental policy
Act.
This ordinance, extending the effective duration of Ordinance No.
1-00106-92, allows for development to proceed in a manner
consistent with the rights of individuals to peacefully use and
enjoy their property, while concurrently protecting the
environment for the citizens of the County.
6
~ VOL
19 rAG~ 903
34.
This ordinance bears a substantial relationship to the public
health, safety and welfare of the county as a whole.
NOW, THEREFORE, BE IT ORDAINED by the Jefferson county Board of
Commissioners that section 18, Effective period, of the Jefferson county
Emergency zoning Ordinance, No. 1-0106-92 shall be amended to read as
follows:
"This ordinance is necessary for the immediate preservation of the
public peace, health, and safety, and shall remain in effect until the
31st day of December, 1993."
ADOPTED THIS 2ND DAY OF AUGUST, 1993.
ATTEST:
SEAL:
cI~CL ¿ f12
Lorna
Board
APPROVED AS TO FORM:
~..... ~
Mark Huth, Jefferson County
Prosecuting Attorney
7
~ VOL
19 HG£904