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STATE OF WASHINGTON
County of Jefferson
IN THE MATTER OF AN emergency }
moratorium Ordinance being adopted }
pursuant to Chapter 36.70.790 and Chapter}
36.70A390 Revised Code of Washington }
19-1121-95
Ordinance Noo
The Jefferson County Board of Commissioners enter the following findings:
1.
Jefferson County has committed to planning under the provisions of the Growth
Management Act, codified as RCW 36.70A
The legislative findings and planning goals adopted by the Washington State Legislature
when the Growth Management Act was enacted in 1990 support the conservation and
wise use ofland in order to preserve the quality oflife enjoyed by residents ofthe state.
2.
3.
Jefferson County has adopted an Interim Critical Areas ordinance, an Interim
Agricultural Lands ordinance, and an Interim Mineral Lands ordinance that are in
compliance with the GMA requirements contained in RCW 36.70A060, RCW
36.70A170, and the Minimum Guidelines (Chapter 365-190 WAC),
4.
Jefferson County has also adopted an Interim Forest Lands ordinance (Ordinance No. 07-
0524-95) that remains substantially intact despite adverse review by the Western
Washington Growth Management Hearings Board.
5.
Jefferson County has also adopted three land use controls designating Interim Urban
Growth Areas, and setting rural development densities and level of service standards, that
have been found out of compliance with the Growth Management Act by the Western
Washington Growth Management Hearings Board. These ordinances are Ordinance No.
02-0110-94, Ordinance No. 15-1028-94 and Ordinance No, 01-0117-95.
6.
Concurrently with these efforts, Jefferson County has been engaged with 13 community
planning areas and with ten citizen based 'Community Planning Groups' in an ambitious
'bottom up' planning process that has had the joint objectives of producing new and
revised land use plans for the unincorporated areas that constitute Jefferson County and
the policy framework for the county comprehensive plan.
7.
The draft comprehensive plan is close to completion and requires further work with
respect to policies addressing land use densities, clustering, and commercial and industrial
development outside UGA's, in order to be ready for public distribution.
8.
Revisions to the draft comprehensive plan, together with the necessary adoption
processes, are likely to take some additional time, presenting the County with the need to
fully retain its planning options during this period.
9.
The County is concerned that issues of development density, location, and scale be
clarified during the plan preparation and adoption period and desires to work with the
citizen based Community Planning Groups on these issues that face their respective
communities.
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10.
11.
12.
The County has initiated a judicial proceeding, through Jefferson County Ca,!se No: 95-
02-00442-2, for determining the status of applications made under the effectIve penod of
its Interim Urban Growth Area ordinances under Washington law.
The retention of unplatted and/or undeveloped lands in their present status shall have the
beneficial effect of preserving the full range of planning options for Jefferson County
through the period leading to adoption of the revised Jefferson County Comprehensive
Plan.
Jefferson County continues to receive applications for the development of land that need
to be reviewed and processed using a framework that is consistent with the requirements
ofthe Growth Management Act and ESHB 1724.
13.
The maintenance of effective and responsible county government requires immediate
adoption of an ordinance that amends existing development regulations to comply with
the Growth Management Act.
14.
The Board deems that an emergency exists based on the above findings.
15.
The Board intends this ordinance shall apply to all property within the unincorporated
areas of Jefferson County, to the extent permitted by law.
16.
The Board finds that this ordinance preserves the status quo, pursuant to RCW 36.70.790
and RCW 36.70A.390, pending development and adoption of a revised comprehensive
plan and implementing regulations, and this ordinance may be adopted without prior
notice, or holding a public hearing. The Board also finds that this ordinance is exempt
from review under the State Environmental Policy Act (SEP A) as provided in, and
pursuant to, Washington Administrative Code 197-11-800.
17.
These regulations bear a substantial relationship to the public health, safety and welfare of
the County as a whole.
NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS by the Jefferson County Board of
Commissioners:
Section 1.00 Definitions: For the purpose of this ordinance, certain words and terms shall be
interpreted or defined as set forth below.
1.10. "Urban public facilities and services": Storm and sanitary sewer systems, domestic
water systems, street cleaning services, fire and police protection services, public transit
services and other public utilities associated with urban areas and normally not associated
with nonurban areas.
1.20, "Rural commercial development": Commercial development, including transient
accommodation, that is devoted to meeting the retail and service needs of a local area
and providing supplies for natural resource industries. This definition shall be construed to
allow the potential location of small scale retail, wholesale and business activities, that are
compatible with the functional and visual character of rural land uses in the immediate
vicinity.
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1.30. "Rural industrial development': Those industries that due to the size or type of their
operations, or, due to their dependence upon the local resource base, cannot
successfully locate within the boundaries ofUGA's. This definition shall not be construed
to allow for the rural location of activities that have the potential to promote "urban
development'" of the surrounding area.
.~
Section 2.00 Repeal of Existing Ordinances:
2.10
2.20
Immediately upon adoption of this ordinance, all provisions of Ordinance No. 02-
0110-94 (as amended) that have remained in effect are repealed, the ordinance
becoming null and without any effect.
Immediately upon adoption of this ordinance, all sections of Ordinance No. 15-
1028-94, except Section 1.00, that have remained in effect are repealed, the
ordinance becoming null and without any effect.
Section 3.00 Existing Lots of Record: Nothing in this ordinance shall affect the use of existing
lots of record created prior to November 20, 1995, or subdivisions which have received
preliminary plat approval, provided said use is consistent with applicable Federal, State or County
Statutes, Laws, Regulations, or Ordinances.
Section 4.00 Commercial and Industrial Development: No application for a permit, or other
approval, shall be accepted for any commercial or industrial development by the County (as
defined under the Jefferson County Zoning Code (Ordinance No. 09-0801-94)) unless;
4.10
4.20
Such development meets the definitions contained in Subsections 1.20 and 1.30 of
this ordinance; and,
Such development does not require the extension of urban public facilities and
services outside a designated Interim Urban Growth Area.
Section 5.00 Other Land Use Activities:
5.10
5.20
No application for activities, other than single family residential and accessory
uses, that are regulated under the Jefferson County Zoning Code shall be accepted
for a period of 90 days effective from the date this ordinance is adopted.
The County shall not accept any application for a boundary line adjustment that
proposes the creation of sub-standard lots from one lot that complies with existing
state and county regulations.
Section 6.00 Subdivision of Land:
6.10
6.20
Applications for the subdivision of all lands designated as resource lands under
Ordinance No. 07-0524-95, Ordinance No. 08-0525-95 and Ordinance No. 09-
0525-95 shall continue to be regulated under the provisions contained in these
ordinances.
The County shall not accept any application for the subdivision of other
unincorporated lands for a period of 90 days effective from the date this ordinance
is adopted.
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.
6.30
Applications for subdivision that have yet to receive preliminary plat approval
shall continue to be processed during the effective period of this ordinance,
provided that such applications shall not require the extension of urban services.
Applications proposing residential densities of greater than one (I) unit per five (5)
acres shall not, however, become eligible for a determination of preliminary plat
approval until this ordinance is repealed.
Section 7.00 Severability: If any section, subsection, or other portion of this Ordinance is for any
reason held invalid or unconstitutional by any court of competent jurisdiction, such section,
subsection, or portion shall be deemed a separate portion ofthis Ordinance and such holding shall
not affect the validity of the remaining portions of this Ordinance.
Section 8.00 Effective Date: This Ordinance is necessary for the immediate preservation of the
public peace, health, and safety and shall become effective immediately upon adoption.
Section 9.00 Adoption: Adopted by the Jefferson County Board of Commissioners this ~ tfiay
of November, 1995.
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SEAL:
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
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JEFFERSON CO. COMMISSIONERS
FAX.# 360-385-9382
JEFFERSON
BOMm or COMM!SSHJf'J
PLEASE GIVE TO COMMISSIONERS AS PUBLIC Co.MMENT AT JAN, 16, 1996
4:00 MEETING SCHEDULED FOR PUBLIC HEARING REGARDING ORDINANCE
19-1121-95
January 16, 1996
Jefferson County Cumnùssioners
Courthouse
Port Townsend; Wa. 98368
Re: Emergency moratorium Ordinance No. 19-1121-95
Dear Commissioners:
(
I would like to comment on one specific issue with the proposed Ordinance; the
definitions 1: 10 and 1: 20 with regards to Rural Commercial development in the area of the
Brinnon Community Plan. The Brinnon area has only 3 identified Commercial Areas which
can be developed. The downtown area incorporates homesites as well as commercial
activities and the other two areas at Bee Mill Rd. and Black Pt. Rd, are mostly commercial
with limited potential for homesites. Services needed by the local community, such as
grocety stores, post office, restaurants and other services are already limited as to location
and size.
My concern is that if you use Section I: 10 to further limit our ability to have these
services, we would be greatly inconvenienced becàuse of our proximity to these services
elsewhere. such as Hadlock or Port Townsend, being at least 40 minutes ora drive away.
OUT community is mostly retired senior citizens who need to have these services close to
home. I must assume that Section I: 10 was created to contra] the extension of public
services cuITently being provided in the Port Townsend area to suITounding areas such as
Hadlock, Chimicum, Center. Brinnon does not rely on those services noted in Section
1: 10, specifically stann and sanitary systems, domestic water systems, street cleaning
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JAN 16 '96 15:42
services, and other public facilities associated with urban areas and nonnally not.
associated with nonurban areas. The only facilities we use in Briru1o11 are fire and police
protection and public transit. I am certain that the amount of taxes collected from Brinnon
residents for these services far outweigh the amount actually spent. Very little policing is
done in Brinnon, as most ant is done by State Patrol, with that being somewhat nominal.
The fire district is volunteer, costs of which are minimal compared with other communities
and with Port Townsend. Jefferson transit makes only two runs a day and makes less than
5 stops in Brinnon.
Section 1:20 describes Erinnon Commercial development fairly accurately; "to
allow the potential location of small scale retail, wholesale and busiIle~s èl.ctivilles, that are
compatible with the functional and visual character of rural land uses in the immediate
vicinityll
Tn summary, T agree with the Rural Commercial development definition. Howevßr.
I think there needs to be a specific clarification of the differences between remote rural
commercial, such as Brinnon, as compared with lVral coJIlltlercial such as Hadlock,
Chimacum. Remote rural commercial developments are independant of public services, do (~.
not require extension of services and should be given different consideration than those
areas where there is a potential for extension of services, Perhaps there needs to be some
wording such as tlmajor urban facilities such as stonn and sanitary sewer systems,
public water systems, street cleaning services, fire and police protection services and
public transit services." In contrast, the remote rural areas would have "minor services for
fire and police protection, public transit services and private water systemsll. In this
manner, 1 think the true intent of the ordinance regarding Rural Commercial development
would be clarified for the two distinctly different applications. This would alleviate
inappropriate applications of the rules for Commercial development in Brinnon, Quilcene,
Discovery Bay, etc. Thank you for your consideration.
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. Tudor
P.O. Box 184
Brlnnon. W A. 9&320
360- 796-4675
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cc: Faxed to.co. Commissioners
360-385-9382
VOL
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cc.; 'PI. -n-q(o
City of Port Townsend
Building and Community Development
S4O Waœr Stteet. Port Towascod, WA '98368
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January 16, 1996
Board of County Commissioners
Jefferson County Courthouse
P.O. Box 1220
Port Townsend, W A 98368
RE:
County Moratorium Ordinance No. 19-1121-95
Dear Commissioners:
Thank you for the opportunity to comment on Jefferson County's development moratorium,
Ordinance No. 19-1121-95. We were encouraged to learn of the passage of the moratorium
ordinance, and we believe it represents an important step towards promoting appropriate uses
and densities within rural areas of Jefferson County,
Upon review, however, we are concerned with several provisions of the moratorium which
could be interpreted or applied to allow inappropriate types and intensities of uses within the
rural areas of the County. We offer the following comments for your review and
consideration:
Section 1: Definitions:
One of our central concerns is that these definitions, without adopted level of service
standards, accompanying use tables, or bulk, height, and dimensional requirements, will be
very difficult to implement as a practical matter. As a result, county staff and decision-
makers will be required to use wide discretion in determining when a proposal constitutes
urban as opposed to rural development.
Definition 1,20, "rural commercial development, " offers an example of this problem: under
what circumstances would commercial development not be devoted to "meeting the retail and
service needs of a local area"? In its day to day application, questions of this nature are
COUNTY MORATORIUM
COMMENT LETTER
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1
JANUARY 16, 1996
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likely to arise, and if answered incorrectly, could result in discretionary decisions to approve
development which is inappropriate in rural areas.
Section 6: Subdivision of Land:
Staffs other main concern is that subsection 6.30 of the moratorium may allow continued
subdivision activity which is incompatible with rural areas. This provision appears to apply a
liberal approach to the vesting of subdivision applications, and would allow applications
which have been received, but which have not yet obtained preliminary plat approval, to
continue to be processed,
The ability to continue processing subdivision applications, absent adopted level of service
standards which clearly indicate when a development would "require the extension of urban
services, " could require the provision of urban services in rural areas contrary to the
requirements of the Growth Management Act (GMA) and Hearings Board decisions.
2.
Additionally, we note that subsection 6.30 indicates that "[a]pplications proposing residential
densities of greater than one (1) unit per five (5) acres shall not. . , become eligible for a
determination of preliminary plat approval until this ordinance is repealed." This statement
appears to suggest that the County will be accepting applications for subdivisions which
propose residential densities of greater than one unit per five acres during the moratorium
period, and that such applications will be processed as soon as the development moratorium is
lifted. If this interpretation is correct, such an approach substantially undermines the purposes
of the moratorium and can only result in subdivision activity in rural areas which is contrary
to the GMA and Hearings Board decisions, To guard against this possibility and to conform
with the GMA, we would urge you to:
1. Refuse to accept subdivision applications which propose residential densities of greater
than one unit per five acres; and
Adopt permanent development regulations (i. eo, before the moratorium lapses) which
promote rural densities, intensities and uses outside UGAs.
Please accept this letter in the spirit of cooperation it is intended, and thank you for
considering our comments.
Very truly yours,
~~~
Dave Robison, Director
Building & Community Development Department
cc:
Mayor and City Council
c: Igeræral. cor\mrtoITum. ani
COUNTY MORATORIUM
COMMENT LETTER
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JANUARY 16, 1996
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