HomeMy WebLinkAbout02 0505 97
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. ¡¡"S'Se5S()Y(
STATE OF WASHINGTON
County of Jefferson
IN THE MATTER OF AN emergency}
Ordinance being adopted pursuant to }
Chapter 36.70.790 and Chapter 36.70A.390 }
Revised Code of Washington establishing}
"Interim Official Controls" }
Ordinance No. 02-0505-97
The Jefferson County Board of Commissioners enter the following findings:
1.
Jefferson County is planning under the provisions of the Growth Management Act,
codified as RCW 36.70A
2,
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 of the state.
3,
Jefferson County has adopted an Interim Critical Areas ordinance, an Interim
Agricultural Lands ordinance, an Interim Mineral Lands ordinance and an Interim Forest
Lands Ordinance (Ordinance No.01-0121-97) to comply with the GMA requirements
contained in RCW 36.70A060, RCW 36.70A170, and the Minimum Guidelines
(Chapter 365-190 WAC).
4.
Jefferson County has complied with the Regulatory Reform Act (RCW 36.70B) by
adopting Ordinance No. 08-0408-96 known as the Optional Consolidated Permit Review
Process which provides for consolidated permit review.
5,
Since 1990, Jefferson County has adopted ordinances which have been found non-
compliant with the GMA and the Western Washington Growth Management Hearings
Board stated in its Conclusion to Final Order No. 94-2-0006 (August 10, 1994), "[w Je do
require that Jefferson County not exacerbate its existing problems by allowing new
zones, plats, etc. ... We do require that Jefferson County follow the Act and direct growth
to appropriate areas involving the minimum taxpayer outlay for facilities and services.
The County's reliance on historical growth patterns for population predictions
perpetuates existing problems and is an abdication ofGMA responsibilities. "
6.
On November 21, 1995, Jefferson County adopted a 90 day moratorium prohibiting
subdivision activities throughout the County to allow:
A) time to allow the County to complete a draft comprehensive plan while "fully
retaining its planning options during this period.", (Finding No.8, Ordinance No. 19-
1121-95), and
On July 10, 1997, the Board of Commissioners extended
Ordinance No. 02-0505-97 for 6 months until January 17, 1998.
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23 ~...... 291
1
Immediately prior to the release of the Draft Plan, during the months of January and early
February 1997 Jefferson County received 9 applications for the subdivision of land.
These proposals affect approximately 596 acres of land and propose the creation of 97
new lots. Over 90 % of these applications impact land proposed to be downzoned in the
Draft Comprehensive Plan.
On July 10, 1997, the Board of Commissioners extended
Ordinance No. 02-0505-97 for 6 months until January 17, 1998.
7.
9.
B) the necessary time to address issues of development density, location, and
scale during the plan preparation and adoption period. (Finding No.9, Ordinance
No. 19-1121-95).
In 1994 Jefferson County received 55 subdivision applications creating 158 new
residential building lots, and in 1995, prior to the moratorium, the County received 49
applications to create 731 residential building lots.
8.
On February 14, 1996 Jefferson County adopted Ordinance No. 05-0214-96, known as
the Interim Growth Strategies Ordinance, repealing and replacing the Emergency
Moratorium put into effect on November 21, 1995. The purpose of this ordinance was to
maintain the County's "planning options" by establishing rural densities, modifying the
use table, and introducing the rural center concept.
Since the adoption of the Interim Growth Strategies Ordinance (No. 05-0214-96),
Jefferson County has processed 35 applications to subdivide land into 228 residential
building lots.
10.
According to Jefferson County's Draft Comprehensive Plan there are currently more than
13,000 platted lots located throughout Jefferson County. Approximately 3,000 of these
lots have been created since the adoption of the GMA.
11.
On February 24, 1997 Jefferson County released a Draft Comprehensive Plan for review
and discussion by the Planning Commission and the general public. The Draft Plan
contains goals and policies crafted to guide growth and development in Jefferson County
for the next 20 years.
12.
The Draft Comprehensive Plan released on February 24, 1997 includes a map, based on
technical planning data and land use criteria, illustrating the proposed Preferred
Alternative Land Use Map which, in some cases differs from the Interim Growth
Strategies Ordinance Map (Ordinance No. 05-0214-96) in terms of the geographic
pattern of land use and density. The Map released with the Draft Comprehensive Plan
proposes downzoning approximately 16,000 acres of residentially zoned land.
13.
On February 24, 1997 BOCC Chairman Wojt expressed concern about the differences
between the map being used with the Interim Growth Strategies Ordinance and the map
released with the Draft Comprehensive Plan. His concern, shared by Commissioner
Harpole; initiated weekly reports from Planning Department Staff to the BOCC
regarding development activity in the County and what it may mean to the integrity of the
Draft Comprehensive Plan.
14.
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23 r~r;, 292 2
15.
16.
17.
18.
19.
20.
21.
22.
23.
Since February 24, 1997 Jefferson County has received a total of 18 pre-applications
and/or applications for the division of land included within the approximately 16,000
acres proposed to be downzoned. These proposals affect approximately 480 acres (3.0%
of the land proposed for downzoning) and propose the creation of approximately 64 new
lots. According to a Long Range Planning Division Staff Report, this activity, over the
course of 3 1/2 months, is virtually equal to that which occurred during the proceeding 12
month period and is occurring within the lands proposed to be downzoned.
The subdivision activity during the past 3 1/2 months represents a 300 % increase in
applications when compared to the preceding 12 months period.
Since January 1, 1997, ofthe approximately 16,000 acres proposed to be downzoned,
over 1,100 acres (7.0%) have recently been subdivided at higher densities than those
proposed by the recently released Draft Comprehensive Plan. If this level of activity
continues, by June 1997 approximately 15 % of the areas proposed to be downzoned will
be impacted, and by September 1997 this figure could approach, or exceed, 25 %.
Jefferson County is concerned that if land division is allowed to continue at the pace
witnessed since January 1, 1997 the proposed Preferred Land Use Alternative and
subsequent densities contained in the Draft Comprehensive Plan will be severely
undermined and the County's planning options severely diminished, and therefore, the
adoption of an emergency Interim Ordinance is warranted to maintain the County's
planning options.
The retention of nonplatted andlor unsubdivided lands in their present status will 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.
On April 17, 1997 the Board, on a vote of two to one deemed that an emergency exists
based on the above findings.
The Board intends this ordinance shall apply to all land within the unincorporated areas
of Jefferson County, to the extent permitted by law.
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
public notice. 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.
These regulations bear a substantial relationship to, and, are necessary for the
preservation of the public health, safety and welfare of the County as a whole.
On July 10, 1997, the Board of Commissioners extended
Ordinance No. 02-0505-97 for 6 months until January 17, 1998.
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3
NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS by the Jefferson County Board of
Commissioners:
Section 1.00 Applications Subject To The Provisions of Ordinance: Jefferson County will not
accept and process the following types of applications:
1.01. Subdivision of Land: The County shall not accept any pre-application and/or
application for a Long Subdivision, Short Subdivision, Large lot subdivision, Binding
Site Plan, Mobile Home Park Division, Recreational Vehicle Park Division,
CornmerciallIndustrial Park Division or Condominium Division of land per Section 17 of
the Jefferson County Code and/or Ordinance No. 04-0526-92 andlor No. 05-0214-96
while this ordinance remains in effect.
1.02. Planned Unit Developments (PUDs). The County shall not accept any application
for a PUD under Section 18.45 ofthe Jefferson County Code while this ordinance
remains in effect.
1.03. Residential Cluster Development. The County shall not accept any application for
residential cluster development per Ordinance No. 05-0214-96 andlor Section 17 of the
Jefferson County Code while this ordinance remains in effect.
1.04. Rezones. The County shall not accept any application for a change in zoning
designation of land within unincorporated Jefferson County while this ordinance remains
in effect.
1.05. Plat Alterations. The County shall not accept any application for a plat alteration
while this ordinance is in effect.
Section 2.00 Severability: If any section, subsection, or other portion ofthis 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 of this Ordinance and such holding
shall not affect the validity of the remaining portions of this Ordinance.
Section 3.00 Effective Date: This Ordinance is necessary for the immediate preservation of the
public peace, health, and safety and shall be effective immediately upon the date of adoption as
set forth in Section 4.00 below and shall remain in effect for a period of 90 days from the above
date. A Public Hearing following legal notice shall be scheduled within 60 days of adoption per
RCW 36.70.390.
Section 4.00 Adoption: Adopted by the Jefferson County Board of Commissioners this 17th day
of April, 1997.
On July 10, 1997, the Board of Commissioners extended
Ordinance No. 02-0505-97 for 6 months until January 17, 1998.
VOL
23 ¡oM;;294
4
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ATTEST: \"". '," , . ,/ \"
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yI ~ a. i);Q
Lorna Delaney. CÌerk of th~
SEAL:
I Scalf, Directo
Department of Comm
Development
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~ROVED AS 0 FORM ONL Y
" ~7. \AIl<-~-;W ,
Jefferson County Prosecuting Atto~~J
~~
Daniel Harpo e, Me r
Glen Huntingford, Member
VOL
23 rM/295
On July 10, 1997, the Board of Commissioners extended
Ordinance No. 02-0505-97 for 6 months until January 17, 1998.
5
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MADRONA PLANNING AND DEVELOPMENT SERVICES
1256 Lawrence Street
Port Townsend, W A 98368
360-379-8151
March 24, 1997
Mr. Richard Wojt, Chairperson
Board of County Commissioners
Jefferson County Courthouse
Port Townsend, WA 98368
Delivered by Hand
Dear Chairperson Wojt,
Thank you for the opportunity to comment on the proposed emergency
Ordinance establishing "Interim Official Controls"
Our £inn is representing Howard Patterson, Seiza de TatT, Tim Furst and Paul
Magid. Mr. Patterson et. at. have an application for Plat Amendment
submitted to Jefferson County.
Ms. de TatT and Madrona Planning & Development Services have meet with
representatives of the Jefferson County Planning Department (AI Scalf,
Planning Director and Michelle Grewell, Planner) several times in the past
year and half to discuss the plat amendment process, which proposes to
vacate existing lots of record and reconfigure at a lesser density.
The applicants have spent extensive time and money preparing a "complete"
'application, including engineering, site planning, tree inventories and adjacent
property owner lists. This application and requested fees were submitted to
Jefferson County on March 14, 1997.
As you know, the pennit center is back-logged, and a Application Review
Committee (ARC) meeting has not reviewed the application for completeness
as of this date. This committee is required to review the application for
completeness within 28 days of submittal. .
Weare commenting on the proposed "Interim Official Control" due to
concerns about ambiguous or unclear "pipeline" hl11guage in the proposed
Ordinance. Pipeline language is that language which addresses applications
which have been received by the department but not yet received final
approvals. Pipeline language often addresses applications in stages from pre-
application conferences through subdivisions which have received preliminary
approval but not yet received final approval. Pipeline language is usually
included in a action such as this to provide clarity to staff in processing these
applications.
We are assuming that" Section 2.04: Applications Exempt From the
Provisions of this Ordinance (Substantially Complete Applications) and
Section 1.30 (Definitions) "Substantially Complete Application" directly refer
tô "pipeline" applications. Our specific concerns are related to the references
to RCW 36.70B.040 and RCW 36.70B 070 in the above referenced sections.
The ordinance refers in Section 2.04 to RCW 36-70B.040 (Detennination of
Consistency) and states that .
" any application which has been detennined "substantially
complete" on or before the effective date of this ordinance in
accordance with RCW 36.70B.040 and RCW 36.70B.070 shall be
subject to the rules, regulations and policies in, effect at the time the
application was submitted..."
RCW36.70B.040 Detennination of Consistency, requires that the agency
detennine if an application is consistent with development regulations
adopted consistent with RCW 36.70A (Growth Management Act). We are
not aware that Jefferson County has adopted a Comprehensive Plan or
implementing regulations consistent with RCW 36.70A. We question how
the department will detennine an application "consistent" as part of a
requirement for substantial completeness.
.
We would like to express some concern as to how this may be interpreted,
and request that clarification be provided prior to adoption of the Interim
Emergency Control. .
Specifically: ~
.; Will all applications which have been received by the Pennit'" as of the date
of adoption be considered if they are found "substantially complete", even
: if they have not yet been scheduled for mARC meeting?
. Will applications be required to be "detennined consistent" as per RCW
. 36.70B.O40 to be considered "Substantially Complete"?
We appreciate your caution in adopting this ordinance prior to clarifying any
ambiguous or uncertain terms or conditions, especially relating to "pipeline"
language.
Thank you for your careful consideration of this request.
/~/¿é
1\ride K. Grahn
Associate Planner
Representing:
Howard Patterson, Sieza De Tarr, Paul Magid and Tim Furst
1891 South Jacob Miller Road
Port Townsend, W A 98368