HomeMy WebLinkAbout11 1214 93
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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 the goals and)
policies of the Jefferson county)
comprehensive Plan. )
ORDINANCE NO.
11-1214-93
The Jefferson
following findings:
commissioners
the
County
Board
of
enter
1.
The Superior Court of the state of Washington for Clallam
County issued an order, No. 89-2-0064607, 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.
2.
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 21, 1991.
3.
On November 4, 1991, the Board enacted Resolution No. 105-
91, declaring a three 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, signs and temporary structures.
4.
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 the goals and policies of
the Jefferson County Comprehensive Plan.
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5.
6.
7.
8.
9.
10.
11.
12.
The Jefferson County Emergency zoning Ordinance, No. 1-0106-
92 was enacted by the Board as an emergency zoning control
pr~serving the County's planning options under the
Comprehensive Plan, and was to remain in effect only until
the County conducted studies, held hearings, and adopted a
permanent zoning control. The ordinance was enacted pursuant
to the washington state Planning Enabling Act, Chapter
36.70.790 RCW.
On August 2, 1993, the Board enacted an extension of the
effective duration of Ordinance No. 1-0106-92, to December
31, 1993.
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.
The work product generated by Mr. Mauk remained, and continues
to remain, in the possession of Mr. Mauk's estate.
In February 1993, the County solicited bids from qualified
environmental consul tants 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 "pre-publication" draft environmental impact statement was
forwarded to the Jefferson county Planning & Building
Department for preliminary review on June 21, 1993. Review
of that document by Planning & Building Department staff
indicated that a number of substantive corrections and
modifications were required prior to release for public
review.
During the period from June 21,1993 through the present date,
Planning staff have labored with the consultant to remedy
defects in the "pre-publication" draft environmental impact
statement. Issuance of the draft environmental impact
statement is anticipated in early January, 1994.
In September 1993, the County contracted with Madrona Planning
and Development Services to prepare a draft standard
"euclidean" zoning code for Planning Commission review and
comment.
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13.
14.
15.
16.
17.
18.
19.
20.
On November 12, 1993, draft no. 1a of the proposed Jefferson
County zoning Code was released for public and Planning
Commission review.
During the period from the present date to January 14, 1994,
the Planning Commission is scheduled to hold numerous public
meetings to review the proposed Jefferson county zoning Code
and to prepare a report for the advice of the Board.
The Board has provisionally identified Monday, January 17,
1994, as a potential date to conduct a public workshop to
review and consider the recommendations of the Planning
Commission relative to the draft Jefferson county zoning Code.
Additionally, the Board has identified Monday, February 14,
1994, as a potential date for a public hearing on the proposed
Jefferson County Zoning Code.
Examined collectively, findings 7 through 15 demonstrate that
Jefferson County has made substantial progress toward the
adoption of a permanent zoning control and will adopt such a
control at the earliest practicable date. Further, these
findings evidence that an extension of the Jefferson county
Emergency Zoning Ordinance, No. 1-0106-92, is necessary to
preserve the County's planning options under the Comprehensive
Plan until such time as a permanent control can be adopted.
On December 1, 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.
On December 14, 1993, 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. No public testimony
was received.
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.
These findings are set forth below.
Jefferson County historically has experienced rapid population
growth, which is likely to continue. Jefferson County
Planning and Building Department data, based upon figures
obtained from the Washington state Department 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
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21.
22.
23.
24.
25.
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 and Building Department data, based
upon figures obtained from the Washington state Office of
Financial Management, indicate a growth rate of five and
eighteen hundredths percent (5.18%) for Jefferson County for
the year ending April 1,1993 (ranking Jefferson County sixth
in state-wide average growth rate). The data relative to
historic population trends demonstrates that the current rapid
population growth rate is not anomalous.
A proj ection of the five and eighteen hundredths percent
(5.18%) growth rate for the year ending March 31, 1993, for
the succeeding five years ending March 31, 1998, indicates a
total projected population increase 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 and Building Department data
relative to the number of zoning applications approved under
the Jefferson County Emergency zoning ordinance, No. 1-0106-
92, from January 1, 1992 through the present date, indicate
that 110 zoning applications have been approved under the
ordinance.
Jefferson County Assessor's Office data indicate that the
total value of new construction and newly created subdivisions
within the County has increased significantly, from
$74,800,108 for the five years ending on July 31, 1987, to
$229,663,600 for the five 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 22, above, the Jefferson County Planning
and Building Department has processed 110 zoning applications
under the Je~ferson County Emergency zoning ordinance, No. 1-
0106-92, since its enactment. The proposals involved in these
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26.
27.
28.
29.
30.
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, that 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 that substantially implements the Optimum Land Use
Map of the Jefferson county Comprehensive Plan. Adoption of
a permanent control is anticipated by mid-March, 1994.
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. 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 certain public
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
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31.
32.
33.
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
capaci ty 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 32, above, shall continue to
serve, in part, as the foundation for the established interim
zones. certain acti vi ties and uses shall continue to be
allowed within mapped and designated commercial and industrial
zones, as prescribed by Ordinance No. 1-0106-92. Activities
and uses that are not specifically regulated by 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 manner ostensibly consistent with 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 conform the emergency zoning designation to the
comprehensive Plan Optimum Land Use Map designation, it is
not necessary to demonstrate a change in circumstances to
obtain a change in zoning. 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.
ORDINANCE NO.
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34.
35.
36.
37.
38.
The Board intends Ordinance No. 1-0106-92, as reenacted 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, reenacting 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 reenacting Ordinance No. 1-0106-92, 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.
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 1st day of September,
1994, or until a permanent control is adopted, whichever
period is shorter."
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ADOPTED THIS FOURTEENTH DAY OF DECEMBER, 1993.
H,..,
SEAL:
""'t
ATTEST:
~J~
n , Commissioner
APPROVED AS TO FORM:
~ t:----:::s~ ~
Mark Huth, Jefferson County
Prosecuting Attorney
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