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HomeMy WebLinkAboutCAM2019-00571CAM19-00571 CUSTOMER ASSISTANCE MEETING CAM19-00571 – Craig Durgan Mini-Storage Proposal I am requesting legal review of the following issues. I’ve attached a scan of Mr. Durgan’s documents and reference ordinances relevant to my investigation. Issues to Resolve: 1. Does Mr. Craig Durgan have a vested right to construct mini-storage on his property, where it is currently prohibited, because a land use approval was given for a 4-phase plan in 1991 and Phases 3 & 4 were approved in 1993 but not yet completed? The land use approval was given under a now-repealed development code. 2. Do the ordinance Repealer sections reflect that the past County approval survives repealed interim controls? 3. How long does the County approval for construction of the multi-phased mini-storage last? The building permits would be time limited, but did past land use reviews and approvals under past codes, now rescinded, establish and maintain a vested project? Background: A Customer Assistance Meeting was held on October 17, 2019, with Mr. Craig Durgan (CAM19-00571). Mr. Durgan wanted an initial review of his project proposal and to demonstrate that, in his opinion, he has a vested right to construct mini-storage in the UGA Light Industrial Zone where it is currently prohibited under the Transitional Zoning currently in effect (RR-10). Mini-storage is an allowed use in the UGA-LI Zone when a sanitary sewer is available. Mr. Durgan provided cursorily completed DCD forms including a Preapplication Conference, Permit Application, and Site Plan. Mr. Durgan represents his proposal as a “binding variance approval” that was given by the County and is still vested as an approved “binding site plan”. His proposal to construct an additional 12,750 square feet of mini-storage would simply be completing a multi-phase development that has already been approved by the County at this location. He wishes to have a Pre-Application Conference and to submit building permit applications. From my review of the materials, I concluded that past approvals for ministorage on this parcel under Development Code Ordinance 3-89 and under the Jefferson County Emergency Zoning Ordinance 1- 0106-92 are no longer in effect because subsequent land use ordinances have been passed and any building permit associated with the approval would have lapsed due to no action. However, are there provisions in the interim ordinances that would allow a land use approval to survive rescinding the interim controls? The project Phases 3 & 4 that Mr. Durgan wishes to complete were reviewed and approved under Ordinance 1-0106-92, an interim control that allowed mini-storage in the General Commercial Zone (the ordinance provided no map of this zone in Port Hadlock). An approval for mini-storage phases 3 & 4 was granted for this property on August 31, 1993 during the effective dates of the interim control, so it is my assumption that it was correctly reviewed. The interim ordinance was ultimately repealed on August 1, 1994 by Ordinance No. 09-0801-94. Mini- storage continued to be allowed in the General Commercial Zone (C-2). Currently, mini-storage is not allowed until the urban zoning can be applied—availability of sanitary sewer service. History: July 18, 1991 Archie Charawell, Hayden Development Company, was approved through a Certificate of Compliance Case CC24-90 (aka ZON90-00024) to develop a 25,520 s.f. rental storage project, at 61 Pomwell, Port Hadlock, APN 901111005. The approval was issued under Development Code in Ordinance 3-89. The project was to be completed in a 4-phase scheme as shown below. All four phases were reviewed under SEPA, and the Board of County Commissioners approved a Mitigated Determination of Non-Significance on March 11, 1991. 25,620 s.f. mini-storage rental space: Phase 1 3,780 s.f. Phase 2 6,060 s.f. Phase 3 9,180 s.f. Phase 4 6,600 s.f. The approval under CC24-90 (ZON90-00024) is described as Hayden Mini-Storage Phase 2 and approved development consisting of a 30-foot by 328-foot building equal to 9,840 s.f. of rental storage space. [equivalent square footage of Phases 1 & 2] CC24-90 permit states: “This Certificate of Compliance is valid for two (2) years. A one time, one year extension may be granted by the Planning and Building Department upon submittal of a written request at least ten (10) days before the date of expiration.” August 31, 1993 Archie Charawell, Hayden Development Company, was approved for Phases 3 & 4 consisting of two additional commercial mini-storage buildings totaling 15,780 s.f. The approval is under Interim Zoning Application IZ50-93 (aka ZON93-00050). I do not have any information on the building permit associated with this land use approval at this time, though I suspect that it had the same expiration timeframe as the previous permit. The approval was reviewed under Jefferson County Emergency Zoning Ordinance No. 1-0106-92. Only one 3000 s.f. building (Existing Storage Bldg. “B”) was built under this approval. Craig Durgan is the current property owner and his proposal is to construct two buildings totaling 12,750 s.f., effectively finishing out the phased development plan. Ordinance History: Note the July 18, 1991 approval (CC24-90/ZON90-00024) is vested under regulations of Ordinance No. 3-89. Resolution 105-91 – Interim control dated 11-4-1991 establishing a 3-month development moratorium for all development activity under regulations of Ordinance 3-89. Resulted in development of Ordinance No. 1-0106-92. Ordinance No. 1–0106-92 – Emergency Land Use Control repealed and replaced Res. 105-91. Replaced Ordinance 3-89. Amended by Ord. No. 02-0127-92. Extended by Ord. Nos. 07-0802-93 and 11-1214-93. Section 5 – mini-storage is considered to be a “general commercial activity” allowed in the General Commercial Zone. No zoning map is provided for Port Hadlock. Section 13 – Administration. Outlines process for granting Interim Zoning Approval. Note approval date August 31, 1993 for project phases 3 & 4 (IZ50-93/ZON93-00050) is during the effective dates of this interim ordinance. Ordinance No. 09-0801-94 – Repealed and replaced Ord. No. 1-0106-92 & 2-0127-92. Section 6 – Purpose of Districts – Table of Permitted Uses. The table of uses does not include mini-storage, but within the description of the General Commercial Zone, it includes mini- storage by name. Section 21 Expiration of Permits – Establishes a one-year expiration date on building permit. Ordinance No. 06-0828-98 Emergency Interim Controls Ordinance (EICO) for CP/UDC planning under GMA, repealed ordinances contained in long list attached to the end of the ordinance. Ordinance No. 11-12-18-00 Repealed and replaced prior UDC.