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HomeMy WebLinkAbout06 1011 21 Repealing and Replacing Ordinance No. 05-1004-21; Relating to Land Use Legal Lots of Record and Plats PO- STATE OF WASHINGTON JEFFERSON COUNTY An Ordinance Repealing and Replacing Ordinance No. 05-1004-21 Relating to Land Use and Building Regulations and ORDINANCE NO. 06-1011-21 Declaring an Emergency; Establishing a Moratorium on Acceptance and Processing of Applications that Require Recognition of Legal Lots of Record and Plats in Existence Prior to September 7, 1971 for the Purpose of Further Development WHEREAS, the Washington Constitution, Article XI, Section 11, confers upon county legislative authorities the police power to adopt regulations necessary to protect the health, safety, and well-being of its residents; and, WHEREAS, RCW 36.32.120(7)provides that the county legislative authorities shall make and enforce, by appropriate resolutions or ordinances, all such police and sanitary regulations as are not in conflict with state law; and, WHEREAS,the Growth Management Act, Chapter 36.70A RCW requires the County to plan consistent with its provisions; and WHEREAS,the Jefferson County Department of Community Development has on its workplan for 2021 legal lot of record code provisions for study and adoption, which includes the recognition of existing plats; and WHEREAS, Jefferson County records indicate that a large number of plats came into existence prior to August 11, 1969, the date that Chapter 58.17 RCW, entitled "Plats- Subdivisions-Dedications," came into effect and September 7, 1971, the date that Jefferson County's first platting ordinance, Ordinance 02-71, was approved and became effective; and WHEREAS,the County has not developed a policy for acceptance of plats that came into existence prior to enactment of Chapter 58.17 RCW or Ordinance 02-71 ("old plats"); and WHEREAS, the County recently has received a number of requests for development of old plats in the rural area; and WHEREAS, old plats typically contain lots of insufficient size to fit a building envelope, permit an on-site sewage system, protect critical areas, and provide necessary stormwater facilities; and WHEREAS,without adequate land use regulation, development of old plats at urban densities within the rural area and in natural resource lands is a threat to the health, safety, and Page 1 of 6 welfare because these areas are not equipped with infrastructure to accommodate development at urban densities or may contain critical areas that were never considered; and WHEREAS, development of old plats at urban densities threaten the integrity and rural character of rural areas in Jefferson County; and WHEREAS,development of old plats and substandard lots at urban densities threaten the integrity and continued viability of natural resource lands in Jefferson County; and WHEREAS, development of old plats and substandard lots at urban densities in critical areas and at shorelines threaten the environmental integrity of watersheds and shoreline areas in Jefferson County that support shellfish and finfish of great importance to local residents, commercial harvesters, and federally-recognized Indian Tribes; and WHEREAS,time is needed to study the lot of record and old plat issue and potential effects of regulation in various parts of Jefferson County; and WHEREAS,a closely-related issue to old plats is recognition of legal lots of record; and WHEREAS,Jefferson County needs to adopt clear standards for determining whether a lot has been legally created and whether it is legally nonconforming; and WHEREAS, currently the determination of whether a lot has been legally created is researched and resolved on a case-by-case basis, without clear standards to provide consistency in decision making; and WHEREAS, the County needs to study this issue with input from the community concerning the most appropriate ways to regulate legal lots of record and old plats in Jefferson County; and WHEREAS, an emergency exists necessitating adoption of a moratorium concerning the acceptance and processing of applications which require recognition of legal lots of record and old plats in the rural area and natural resource lands for purposes of development;and WHEREAS, a moratorium enacted under RCW 36.70A.390 and RCW 36.70.795 provides a method by which a county may preserve the status quo so that new plans and regulations will not be rendered moot by intervening development; and WHEREAS, RCW 36.70A.390 and RCW 36.70.795 authorize the Board of County Commissioners to adopt and renew a moratorium, interim zoning map,interim zoning ordinance, or interim official control without holding a public hearing, as long as a public hearing is held within at least 60 days of its enactment; and WHEREAS, pursuant to WAC 197-11-880, the adoption of a moratorium ordinance is exempt from the requirements of a threshold determination under the State Environmental Policy Act(SEPA)and future permanent zoning regulations will be reviewed in accordance with SEPA Rules; and Page 2 of 6 WHEREAS, a moratorium will provide the County with additional time to review and amend its land use regulations and, if necessary, its comprehensive plan related to these issues; and WHEREAS,the Board of County Commissioners adopted an emergency moratorium in Ordinance No. 05-1004-21, but has determined that certain modifications to that ordinance need to be made; and WHEREAS, the Board of County Commissioners concludes that an emergency moratorium is appropriate to preserve the status quo while it considers options for regulating these matters in the rural area, the urban growth area overlay, natural resource lands, areas containing critical areas, and shorelines; NOW THEREFORE, BE IT ORDAINED BY THE JEFFERSON COUNTY BOARD OF COMMISSIONERS: Section 1. Findings of Fact. The Board of County Commissioners adopts the above "WHEREAS" recitals as findings of fact. These findings of fact support the action as required by RCW 36.70A.390. Section 2. Repeal and Replace. This ordinance repeals and replaces Ordinance No. 05-1004-21. Section 3. Declaration of Emergency. The Board of County Commissioners hereby declares that a moratorium ordinance must be imposed as an emergency measure to prevent development that would result in densities incompatible with zoning, and to prevent the submission of applications to the County in an attempt to vest rights for an indefinite period of time. The Board of County Commissioners finds as a fact and declares that an emergency exists and that this moratorium ordinance is necessary for the immediate preservation of public peace, health or safety or for the support of county government and its existing public institutions. Section 4. Moratorium Imposed. The County hereby establishes an immediate moratorium on the acceptance, processing, review or issuance of any application for a permit for boundary line adjustment, binding site plan, plat alteration, segregations, or exemptions pursuant to JCC 18.35.040 and JCC 18.30.050, any application for an on-site sewage system permit pursuant to Chapter 8.15 JCC or any request for lot certification through any uncodified process or procedure, which requires recognition of a legal lot of record or a plat in existence prior to September 7, 1971. Exceptions to this moratorium include: 1. Any application for repair of an existing permitted or legally nonconforming onsite septic system; 2. Any application for repair, remodel, or expansion of an existing permitted or legally nonconforming single or multi-family residence, commercial or industrial structure, or facility owned by a public entity; Page 3 of 6 3. Development on any lot that has already been recognized by the Department of Community Development or the Department of Environmental Public Health prior to the effective date of this ordinance as a legal lot of record, including through the lot certification process, boundary line adjustment, restrictive covenant, or other administrative process; 4. Any land use,building,or any development application or request for a permit that is deemed complete prior to the date of this moratorium; 5. Any application for processing, review, or issuance of any land use permit or approval, building application or other development application which requires recognition of a legal lot of record or a plat in existence prior to September 7, 1971, if each lot to be developed is approximately equal or larger in size to the existing zoning classification; 6. Any lot consolidation through a boundary line adjustment application that proposes to consolidate pre-existing platted lots for the purposes of developing one single-family residence for occupancy by the applicant, as long as all required setbacks, health and sanitation requirements, and stormwater management requirements can be met on site. Only one application per applicant will be allowed during the period of the moratorium,and the applicant must have taken ownership of the property prior to October 4, 2021; 7. Any publicly funded land use permit or building application or other development application used primarily for housing persons experiencing homelessness or low-income households; 8. Any application for processing, review, or issuance of any land use permit or approval, building application or other development application for development within the Irondale and Port Hadlock Urban Growth Area Overlay District; and, 9. Any application for processing, review, or issuance of any land use permit or approval, building application or other development application for an essential public facility or any public entity,including but not limited to ports,school districts,fire districts,sewer districts, water districts. Section 5. Duration of Moratorium. Because it has a workplan in Section 7, below, this moratorium shall be in effect from October 11, 2021, and ending on October 4, 2022, one year from the effective date of Ordinance No. 05-1004-21,unless subsequently extended by the Board of County Commissioners pursuant to RCW 36.70A.390 and RCW 36.70.795. Section 6. Public Hearing Required. As required by RCW 36.70A.390 and RCW 36.70.795, within 60 days of passage of this ordinance, the Board of County Commissioners will hold a public hearing on this moratorium. The public hearing will be held on or before November 22, 2021. Section 7. Work Plan. During the moratorium period,County staff will complete the following work plan: 1) Study the issues concerning recognition of old plats and legal lots of record, as indicated in its 2021-22 work plan; 2)prepare a draft ordinance with appropriate revisions to the County's zoning and land use regulations and, if necessary, the comprehensive plan; 3) perform SEPA review of the draft ordinance; and 4)conduct a public review process for the amendments, Page 4 of 6 which includes public hearings before the County's Planning Commission and Board of County Commissioners, if required. Section 8. Effective Date. This ordinance shall take effect and be in full force and effect immediately upon passage. Section 9. Conflict with Other Provisions of County Code. If the provisions of this moratorium are found to be inconsistent with other provisions of the Jefferson County Code, this moratorium shall control. Section 10. Severability. The provisions of this ordinance are severable. If any section, sentence, clause or phrase of this ordinance or its application to any person or circumstance is held to be unconstitutional or unlawful by a court of competent jurisdiction, the remainder of this ordinance or application of its provisions or other persons or circumstances shall remain valid and unaffected. (SIGNATURES FOLLOW ON THE NEXT PAGE) Page 5 of 6 APPROVED and ADOPTED this / ( day of 0(t Y , 2021. SEAL: JEFFERSON COUNTY BOARD OF COMMISSIONERS K to an, Chair � r Heidi Eise ur, Member Gre of on, Member ATTEST: 1142, 6146 vv4.1„- CarolynLGallaway a Clerk of the Board Approved as to form only: October 11,2021 Philip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney Page 6 of 6 00 5t&c((L1 to bd r‘l\l^_ Ne w U2vS1 � JEFFERSON COUNTY J (60 tAd BOARD OF COUNTY COMMISSIONERS it SC vi d AGENDA REQUEST TO: Board of County Commissioners FROM: Brent Butler, DCD Director Philip Hunsucker, Chief Civil Deputy Barbara Ehrlichman, Deputy Prosecuting Attorney DATE: October 11, 2021 SUBJECT: Adoption of an Emergency Ordinance: An Ordinance Repealing and Replacing Ordinance No. 05-1004-21 Relating to Land Use and Building Regulations and Declaring an Emergency; Establishing a Moratorium on Acceptance and Processing of Applications that Require Recognition of Legal Lots of Record and Plats in Existence Prior to September 7, 1971 for the Purpose of Further Development STATEMENT OF ISSj1E; On October 4, 2021, the County Commissioners adopted Ordinance No. 05-1004-21, an emergency ordinance to place an immediate moratorium on the acceptance, processing, review or issuance of any land use permit or approval, building application, or other development application which requires recognition of a legal lot of record or a plat in existence prior to September 7, 1971, including, but not limited to: an application for a boundary line adjustment, binding site plan, plat alteration or segregations and exemptions pursuant to JCC 18.35.040 and JCC 18.30.050. Jefferson County's first platting ordinance was adopted and became effective on September 7, 1971 (Ordinance 02-71). After adoption of Ordinance No. 05-1004-21, based upon public and staff comments, DCD determined that the exemptions to Ordinance No. 05-1004-21 should be modified. Accordingly, Staff presents this ordinance, which repeals and replaces Ordinance No. 05-1004-21, adopted on Monday, October 4, 2021. ANALYSIS: The proposed ordinance would establish in unincorporated Jefferson County a moratorium through October 4, 2022 on the acceptance, processing, review or issuance of any land use permit or approval, building application, or other development application which requires recognition of a legal lot of record or a plat in existence prior to September 7, 1971, including, but not limited to: an application for a boundary line adjustment, binding site plan, plat alteration, segregations or exemptions pursuant to JCC 18.30.050 and JCC 18.35.040. This ordinance is almost identical to Ordinance No. 05-1004-21. It amends the language in the 1 exceptions to remedy some unintended consequences that were not identified. . The new ordinance maintains the same end date for the moratorium as Ordinance No. 05-1004-21, namely October 4, 2022. However, Staff hopes to have a final ordinance before that date, after the required public participation process. For your ease of reference,a redline version of the new draft ordinance compared to Ordinance No. 05 1004-21 is provided as Appendix 1. A clean version of the new draft ordinance is provided as Appendix 2. The moratorium serves several important purposes: 1. DCD needs to study the issues related to lots of record and whether to recognize plats that preceded adoption of the Jefferson County platting regulations and the state subdivision statute, Chapter 58.17 RCW. DCD needs to develop a codified process for reviewing these applications that is transparent to the public and provides consistent decision making on these applications. 2. DCD has received a number of requests for recognition of pre-1900 plats and lots. DCD has received several applications for boundary line adjustments with lots of insufficient size to meet zoning and on-site sewage system requirements, but the County has no code mechanism to make decisions that recognize public infrastructure needs or appropriate density. A pause is needed until the County can put code fixes in place to allow us to regulate these developments to assure that minimum lot size, public infrastructure, and critical areas are appropriately addressed in these developments. 3. During the moratorium,County staffwill complete the following work plan: 1)Study the issues concerning recognition of old plats and legal lots of record,as indicated in its 2021- 22 work plan; 2) Prepare a draft ordinance with appropriate revisions to the County's zoning and land use regulations and, if necessary, the comprehensive plan; 3) Perform SEPA review of the draft ordinance; and 4) Conduct a public review process for the amendments, which includes public hearings before the County's Planning Commission and Board of County Commissioners, if required. 4. An emergency moratorium enacted under RCW 36.70A.390 and RCW 36.70.795 provides the County a way to preserve the status quo so that new plans and regulations will not be rendered moot by intervening development. A moratorium will preserve the status quo until October 4, 2022, or until those regulations can be adopted and the moratorium lifted, whichever is earlier. 5. The PAO has worked with DCD and Environmental Health to develop a list of exceptions, which are located in Section 3 of the proposed ordinance. As, you can see from Appendix 1, changes to Section 3 are the main changes from Ordinance No. 05-1004-21. These exceptions were developed keeping in mind the many important housing priorities that currently exist, while trying not to allow for large loopholes that would defeat any benefit to the moratorium. The County Commissioners are encouraged to read the exceptions in Section 3 of the ordinance carefully, to ensure that they provide an adequate safety valve to alleviate some of the pressure the moratorium will place on development. 2 6. Changes to Ordinance No. 05-1004-21 in this ordinance: a. Title and Section 2: This ordinance will repeal and replace Ordinance No. 05- 1004-21. b. Section 3: a couple of word changes that allow DCD to review applications of any kind, but continues to disallow acceptance for processing. c. Amendments to the exceptions contained in Section 3 include: i. Exception 1: Adds applications for repair of legal nonconforming onsite septic systems to the exception; ii. Exception 2: Adds existing permitted or legal nonconforming commercial or industrial structures to the exception; iii. Exception 3: Adds Department of Environmental Public Health, as they sometimes recognize lots for purpose of septic system installation,and adds other types of processes through which a lot may be recognized. iv. Exception 6: Adds other types of permits through which lot consolidations have traditionally occurred. It also clarifies that an applicant may only apply for one such application during the moratorium and the applicant had to have taken ownership of the property prior to October 4, 2021. v. Exception 9: Adds a blanket exception for any type of application from an essential public facility or public entity. d. Section 5: Specifies that the possible length of the moratorium will be until October 4, 2022 (which is the date the moratorium expired in Ordinance No. 05-1004-21). On October 11th, the County Commissioners would decide whether or not to adopt the moratorium ordinance,with or without changes. If the ordinance is passed,the Board of County Commissioners will hold a public hearing on the moratorium ordinance within 60 days of passage, as required by RCW 36.70A.390 and RCW 36.70.795. RECOMMENDATION: Deliberate on the record, and adopt the proposed Ordinance Repealing and Replacing Ordinance No. 05-1004-21 Relating to Land Use and Building Regulations and Declaring an Emergency; Establishing a Moratorium on Acceptance and Processing of Applications that Require Recognition of Legal Lots of Record and Plats in Existence Prior to September 7, 1971 for the Purpose of Further Development. DEPARTMENT CONTACTS: Brent Butler, DCD Director, & Barbara Ehrlichman, Civil Deputy Prosecuting Attorney REVIEWED BY: /05AZ Mark McCauley, nterim County Administ t r ate 3 APPENDIX 1 APPENDIX 1: REDLINE VERSION OF DRAFT ORDINANCE STATE OF WASHINGTON JEFFERSON COUNTY An Ordinance Repealing and Replacing Ordinance No. 05-1004-21 Relating to Land Use and Building Regulations and ORDINANCE NO. Declaring an Emergency; Establishing a Moratorium on Acceptance and Processing of Applications that Require Recognition of Legal Lots of Record and Plats in Existence Prior to September 7, 1971 for the Purpose of Further Development; WHEREAS, the Washington Constitution, Article XI, Section 11, confers upon county legislative authorities the police power to adopt regulations necessary to protect the health, safety, and well-being of its residents; and, WHEREAS, RCW 36.32.120(7)provides that the county legislative authorities shall make and enforce, by appropriate resolutions or ordinances, all such police and sanitary regulations as are not in conflict with state law;and, WHEREAS,the Growth Management Act,Chapter 36.70A RCW requires the County to plan consistent with its provisions; and WHEREAS,the Jefferson County Department of Community Development has on its workplan for 2021 legal lot of record code provisions for study and adoption, which includes the recognition of existing plats; and WHEREAS, Jefferson County records indicate that a large number of plats came into existence prior to August 11, 1969, the date that Chapter 58.17 RCW, entitled "Plats- Subdivisions-Dedications," came into effect and September 7, 1971, the date that Jefferson County's first platting ordinance, Ordinance 02-71, was approved and became effective; and WHEREAS,the County has not developed a policy for acceptance of plats that came into existence prior to enactment of Chapter 58.17 RCW or Ordinance 02-71("old plats");and WHEREAS, the County recently has received a number of requests for development of old plats in the rural area; and WHEREAS, old plats typically contain lots of insufficient size to fit a building envelope, permit an on-site sewage system, protect critical areas, and provide necessary stormwater facilities; and WHEREAS,without adequate land use regulation, development of old plats at urban densities within the rural area and in natural resource lands is a threat to the health, safety,and welfare because these areas are not equipped with infrastructure to accommodate Page 1 of 6 APPENDIX 1: REDLINE VERSION OF DRAFT ORDINANCE development at urban densities or may contain critical areas that were never considered; and WHEREAS, development of old plats at urban densities threaten the integrity and rural character of rural areas in Jefferson County; and WHEREAS,development of old plats and substandard lots at urban densities threaten the integrity and continued viability of natural resource lands in Jefferson County; and WHEREAS, development of old plats and substandard lots at urban densities in critical areas and at shorelines threaten the environmental integrity of watersheds and shoreline areas in Jefferson County that support shellfish and finfish of great importance to local residents, commercial harvesters, and federally-recognized Indian Tribes; and WHEREAS,time is needed to study the lot of record and old plat issue and potential effects of regulation in various parts of Jefferson County; and WHEREAS,a closely-related issue to old plats is recognition of legal lots of record; and WHEREAS,Jefferson County needs to adopt clear standards for determining whether a lot has been legally created and whether it is legally nonconforming; and WHEREAS, currently the determination of whether a lot has been legally created is researched and resolved on a case-by-case basis,without clear standards to provide consistency in decision making; and WHEREAS, the County needs to study this issue with input from the community concerning the most appropriate ways to regulate legal lots of record and old plats in Jefferson County; and WHEREAS, an emergency exists necessitating adoption of a moratorium concerning the acceptance and processing of applications which require recognition of legal lots of record and old plats in the rural area and natural resource lands for purposes of development;and WHEREAS, a moratorium enacted under RCW 36.70A.390 and RCW 36.70.795 provides a method by which a county may preserve the status quo so that new plans and regulations will not be rendered moot by intervening development; and WHEREAS, RCW 36.70A.390 and RCW 36.70.795 authorize the Board of County Commissioners to adopt and renew a moratorium, interim zoning map, interim zoning ordinance, or interim official control without holding a public hearing, as long as a public hearing is held within at least 60 days of its enactment; and WHEREAS, pursuant to WAC 197-11-880, the adoption of a moratorium ordinance is exempt from the requirements of a threshold determination under the State Environmental Policy Act(SEPA)and future permanent zoning regulations will be reviewed in accordance with SEPA Rules; and WHEREAS, a moratorium will provide the County with additional time to review and Page 2 of 6 APPENDIX 1: REDLINE VERSION OF DRAFT ORDINANCE amend its land use regulations and, if necessary, its comprehensive plan related to these issues; and WHEREAS,the Board of County Commissioners adopted an emergency moratorium in Ordinance No. 05-1004-21, but has determined that certain modifications to that ordinance need to be made; and WHEREAS, the Board of County Commissioners concludes that an emergency moratorium is appropriate to preserve the status quo while it considers options for regulating these matters in the rural area, the urban growth area overlay, natural resource lands, areas containing critical areas, and shorelines; NOW THEREFORE, BE IT ORDAINED BY THE JEFFERSON COUNTY BOARD OF COMMISSIONERS: Section 1. Findings of Fact. The Board of County Commissioners adopts the above "WHEREAS" recitals as findings of fact. These findings of fact support the action as required by RCW 36.70A.390. Section 2. Repeal and Replace. This ordinance repeals and replaces Ordinance No. 05-1004-21. Section-33. Declaration of Emergency. The Board of County Commissioners hereby declares that a moratorium ordinance must be imposed as an emergency measure to prevent development that would result in densities incompatible with zoning, and to prevent the submission of applications to the County in an attempt to vest rights for an indefinite period of time. The Board of County Commissioners finds as a fact and declares that an emergency exists and that this moratorium ordinance is necessary for the immediate preservation of public peace, health or safety or for the support of county government and its existing public institutions. Section4,1. Moratorium Imposed. The County hereby establishes an immediate moratorium on the acceptance, processing, review or issuance of any land use application, permit,.or approval-_ building application..—Lor other development application which requires recognition of a legal lot of record or a plat in existence prior to September 7, 1971, including to but not limited to: an application for boundary line adjustment, binding site plan, plat alteration, segregations, or exemptions pursuant to JCC 18.35.040 and JCC 18.30.050. A land use application means any permit or approval issued under JCC Title 18. "Development" is defined at JCC 18.10.040. Exceptions to this moratorium include: 1. Any application for repair of an existing permitted or legally nonconforming onsite septic system; 2. Any application for repair, remodel, or expansion of an existing permitted or legally nonconforming single or multi-family residence, commercial, or industrial structure; 3. Development on any lot that has already been recognized through by the Department of Community Development's lot certification process or the Department of Environmental Public 1 lealth prior to the effective date of this ordinance as a legal lot of record, including Page 3 of 6 APPENDIX 1: REDLINE VERSION OF DRAFT ORDINANCE through the lot certification process,boundary line adjustment,restrictive covenant,or other administrative process; 4. Any land use,building, or any development application or request for a permit that is deemed complete prior to the date of this moratorium; 5. Any application for processing, review, or issuance of any land use permit or approval, building application or other development application which requires recognition of a legal lot of record or a plat in existence prior to September 7, 1971, if each lot to be developed is approximately equal or larger in size to the existing zoning classification; 6. Any lot consolidation through a boundary line adjustment application, building permit, land use permit, or other related development permit that proposes to consolidate or utilize si-x or fewer pre-existing platted lots for the purposes of developing one single-family residence for occupancy by the applicant, as long as all required setbacks, health and sanitation requirements, and stormwater management requirements can be met on site. -Only one application per applicant will be allowed during the period of the moratorium, and the applicant must have taken ownership of the property prior to October 4, 2021; 7. Any publicly funded land use permit or building application or other development application used primarily for housing persons experiencing homelessness or low-income households; 8. Any application for processing, review, or issuance of any land use permit or approval, building application or other development application for residential development within the Irondale and Port Hadlock Urban Growth Area Overlay District. &9.Any application for processing, review, or issuance of any land use permit or approval, building application or other development application for an essential public facility or any public entity, including but not limited to ports,school districts, fire districts, sewer districts, water districts, special use districts, or municipalities. Section 4-5. Duration of Moratorium. Because it has a workplan in Section 5, below, this moratorium shall be in effect for one year, beginning on from October-4 11, 2021, and ending on October 4, 2022, one year from the effective date of Ordinance No. 05-1004-21, unless subsequently extended by the Board of County Commissioners pursuant to RCW 36.70A.390 and RCW 36.70.795. Section-S6. Public Hearing Required. As required by RCW 36.70A.390 and RCW 36.70.795, within 60 days of passage of this ordinance, the Board of County Commissioners will hold a public hearing on this moratorium. Section 67. Work Plan. During the moratorium period,County staff will complete the following work plan: 1) Study the issues concerning recognition of old plats and legal lots of record, as indicated in its 2021-22 work plan; 2)prepare a draft ordinance with appropriate revisions to the County's zoning and land use regulations and, if necessary, the comprehensive plan; 3) perform SEPA review of the draft ordinance; and 4)conduct a public review process for the amendments, which includes public hearings before the County's Planning Commission and Board of County Page 4 of 6 APPENDIX 1: REDLINE VERSION OF DRAFT ORDINANCE Commissioners, if required. Section 78. Effective Date. This ordinance shall take effect and be in full force and effect immediately upon passage. Section 89. Conflict with Other Provisions of County Code. If the provisions of this moratorium are found to be inconsistent with other provisions of the Jefferson County Code, this moratorium shall control. Section 910. Severability. The provisions of this ordinance are severable. If any section, sentence, clause or phrase of this ordinance or its application to any person or circumstance is held to be unconstitutional or unlawful by a court of competent jurisdiction, the remainder of this ordinance or application of its provisions or other persons or circumstances shall remain valid and unaffected. (SIGNATURES FOLLOW ON THE NEXT PAGE) Page 5 of 6 APPENDIX 1: REDLINE VERSION OF DRAFT ORDINANCE APPROVED and ADOPTED this day of , 2021. SEAL: JEFFERSON COUNTY BOARD OF COMMISSIONERS Kate Dean, Chair Heidi Eisenhour, Member Greg Brotherton, Member ATTEST: Carolyn Gallaway Clerk of the Board Approved as to form only: Philip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney Page 6 of 6 ill APPENDIX 2 APPENDIX 2: CLEAN VERSION OF ORDINANCE STATE OF WASHINGTON JEFFERSON COUNTY An Ordinance Repealing and Replacing Ordinance No. 05-1004-21 Relating to Land Use and Building Regulations and ORDINANCE NO. Declaring an Emergency; Establishing a Moratorium on Acceptance and Processing of Applications that Require Recognition of Legal Lots of Record and Plats in Existence Prior to September 7, 1971 for the Purpose of Further Development; WHEREAS, the Washington Constitution, Article XI, Section 11, confers upon county legislative authorities the police power to adopt regulations necessary to protect the health,safety, and well-being of its residents; and, WHEREAS,RCW 36.32.120(7)provides that the county legislative authorities shall make and enforce, by appropriate resolutions or ordinances, all such police and sanitary regulations as are not in conflict with state law;and, WHEREAS,the Growth Management Act,Chapter 36.70A RCW requires the County to plan consistent with its provisions; and WHEREAS,the Jefferson County Department of Community Development has on its workplan for 2021 legal lot of record code provisions for study and adoption, which includes the recognition of existing plats; and WHEREAS,Jefferson County records indicate that a large number of plats came into existence prior to August 11, 1969, the date that Chapter 58.17 RCW, entitled "Plats- Subdivisions-Dedications," came into effect and September 7, 1971, the date that Jefferson County's first platting ordinance, Ordinance 02-71, was approved and became effective; and WHEREAS,the County has not developed a policy for acceptance of plats that came into existence prior to enactment of Chapter 58.17 RCW or Ordinance 02-71("old plats");and WHEREAS, the County recently has received a number of requests for development of old plats in the rural area; and WHEREAS, old plats typically contain lots of insufficient size to fit a building envelope, permit an on-site sewage system, protect critical areas, and provide necessary stormwater facilities; and WHEREAS,without adequate land use regulation, development of old plats at urban densities within the rural area and in natural resource lands is a threat to the health,safety,and welfare because these areas are not equipped with infrastructure to accommodate Page 1 of 6 • APPENDIX 2: CLEAN VERSION OF ORDINANCE development at urban densities or may contain critical areas that were never considered; and WHEREAS, development of old plats at urban densities threaten the integrity and rural character of rural areas in Jefferson County; and WHEREAS,development of old plats and substandard lots at urban densities threaten the integrity and continued viability of natural resource lands in Jefferson County; and WHEREAS, development of old plats and substandard lots at urban densities in critical areas and at shorelines threaten the environmental integrity of watersheds and shoreline areas in Jefferson County that support shellfish and finfish of great importance to local residents, commercial harvesters, and federally-recognized Indian Tribes; and WHEREAS,time is needed to study the lot of record and old plat issue and potential effects of regulation in various parts of Jefferson County; and WHEREAS,a closely-related issue to old plats is recognition of legal lots of record; and WHEREAS,Jefferson County needs to adopt clear standards for determining whether a lot has been legally created and whether it is legally nonconforming; and WHEREAS, currently the determination of whether a lot has been legally created is researched and resolved on a case-by-case basis,without clear standards to provide consistency in decision making; and WHEREAS, the County needs to study this issue with input from the community concerning the most appropriate ways to regulate legal lots of record and old plats in Jefferson County; and WHEREAS,an emergency exists necessitating adoption of a moratorium concerning the acceptance and processing of applications which require recognition of legal lots of record and old plats in the rural area and natural resource lands for purposes of development;and WHEREAS, a moratorium enacted under RCW 36.70A.390 and RCW 36.70.795 provides a method by which a county may preserve the status quo so that new plans and regulations will not be rendered moot by intervening development; and WHEREAS, RCW 36.70A.390 and RCW 36.70.795 authorize the Board of County Commissioners to adopt and renew a moratorium, interim zoning map, interim zoning ordinance, or interim official control without holding a public hearing, as long as a public hearing is held within at least 60 days of its enactment; and WHEREAS, pursuant to WAC 197-11-880, the adoption of a moratorium ordinance is exempt from the requirements of a threshold determination under the State Environmental Policy Act(SEPA)and future permanent zoning regulations will be reviewed in accordance with SEPA Rules; and WHEREAS, a moratorium will provide the County with additional time to review and Page 2 of 6 APPENDIX 2: CLEAN VERSION OF ORDINANCE amend its land use regulations and, if necessary, its comprehensive plan related to these issues; and WHEREAS,the Board of County Commissioners adopted an emergency moratorium in Ordinance No. 05-1004-21, but has determined that certain modifications to that ordinance need to be made; and WHEREAS, the Board of County Commissioners concludes that an emergency moratorium is appropriate to preserve the status quo while it considers options for regulating these matters in the rural area, the urban growth area overlay, natural resource lands, areas containing critical areas, and shorelines; NOW THEREFORE, BE IT ORDAINED BY THE JEFFERSON COUNTY BOARD OF COMMISSIONERS: Section 1. Findings of Fact. The Board of County Commissioners adopts the above "WHEREAS" recitals as findings of fact. These findings of fact support the action as required by RCW 36.70A.390. Section 2. Repeal and Replace. This ordinance repeals and replaces Ordinance No. 05-1004-21. Section 3. Declaration of Emergency. The Board of County Commissioners hereby declares that a moratorium ordinance must be imposed as an emergency measure to prevent development that would result in densities incompatible with zoning, and to prevent the submission of applications to the County in an attempt to vest rights for an indefinite period of time. The Board of County Commissioners finds as a fact and declares that an emergency exists and that this moratorium ordinance is necessary for the immediate preservation of public peace, health or safety or for the support of county government and its existing public institutions. Section4. Moratorium Imposed. The County hereby establishes an immediate moratorium on the acceptance, processing, or issuance of any land use application, permit, or approval; building application; or other development application which requires recognition of a legal lot of record or a plat in existence prior to September 7, 1971, including to but not limited to: an application for boundary line adjustment, binding site plan, plat alteration, segregations, or exemptions pursuant to JCC 18.35.040 and JCC 18.30.050. A land use application means any permit or approval issued under JCC Title 18. "Development" is defined at JCC 18.10.040. Exceptions to this moratorium include: 1. Any application for repair of an existing permitted or legally nonconforming onsite septic system; 2. Any application for repair, remodel, or expansion of an existing permitted or legally nonconforming single or multi-family residence, commercial, or industrial structure; 3. Development on any lot that has already been recognized by the Department of Community Development or the Department of Environmental Public Health prior to the effective date Page 3 of 6 APPENDIX 2: CLEAN VERSION OF ORDINANCE of this ordinance as a legal lot of record, including through the lot certification process, boundary line adjustment, restrictive covenant, or other administrative process; 4. Any land use,building,or any development application or request for a permit that is deemed complete prior to the date of this moratorium; 5. Any application for processing, review, or issuance of any land use permit or approval, building application or other development application which requires recognition of a legal lot of record or a plat in existence prior to September 7, 1971, if each lot to be developed is approximately equal or larger in size to the existing zoning classification; 6. Any lot consolidation through a boundary line adjustment application, building permit, land use permit, or other related development permit that proposes to consolidate or utilize pre- existing platted lots for the purposes of developing one single-family residence for occupancy by the applicant, as long as all required setbacks, health and sanitation requirements, and stormwater management requirements can be met on site. Only one application per applicant will be allowed during the period of the moratorium, and the applicant must have taken ownership of the property prior to October 4, 2021; 7. Any publicly funded land use permit or building application or other development application used primarily for housing persons experiencing homelessness or low-income households; 8. Any application for processing, review, or issuance of any land use permit or approval, building application or other development application for residential development within the Irondale and Port Hadlock Urban Growth Area Overlay District. 9. Any application for processing, review, or issuance of any land use permit or approval, building application or other development application for an essential public facility or any public entity,including but not limited to ports,school districts, fire districts, sewer districts, water districts, special use districts, or municipalities. Section 5. Duration of Moratorium. Because it has a workplan in Section 5, below, this moratorium shall be in effect from October 11, 2021, and ending on October 4, 2022, one year from the effective date of Ordinance No. 05-1004-21, unless subsequently extended by the Board of County Commissioners pursuant to RCW 36.70A.390 and RCW 36.70.795. Section6. Public Hearing Required. As required by RCW 36.70A.390 and RCW 36.70.795, within 60 days of passage of this ordinance, the Board of County Commissioners will hold a public hearing on this moratorium. Section 7. Work Plan. During the moratorium period,County staff will complete the following work plan: 1) Study the issues concerning recognition of old plats and legal lots of record, as indicated in its 2021-22 work plan; 2)prepare a draft ordinance with appropriate revisions to the County's zoning and land use regulations and, if necessary, the comprehensive plan; 3) perform SEPA review of the draft ordinance; and 4)conduct a public review process for the amendments, which includes public hearings before the County's Planning Commission and Board of County Commissioners, if required. Page 4 of 6 APPENDIX 2: CLEAN VERSION OF ORDINANCE Section 8. Effective Date. This ordinance shall take effect and be in full force and effect immediately upon passage. Section 9.Conflict with Other Provisions of County Code. If the provisions of this moratorium are found to be inconsistent with other provisions of the Jefferson County Code, this moratorium shall control. Section 10. Severability. The provisions of this ordinance are severable. If any section, sentence, clause or phrase of this ordinance or its application to any person or circumstance is held to be unconstitutional or unlawful by a court of competent jurisdiction, the remainder of this ordinance or application of its provisions or other persons or circumstances shall remain valid and unaffected. (SIGNATURES FOLLOW ON THE NEXT PAGE) Page 5 of 6 APPENDIX 2: CLEAN VERSION OF ORDINANCE APPROVED and ADOPTED this day of , 2021. SEAL: JEFFERSON COUNTY BOARD OF COMMISSIONERS Kate Dean, Chair Heidi Eisenhour, Member Greg Brotherton, Member ATTEST: Carolyn Gallaway Clerk of the Board Approved as to form only: Philip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney Page 6 of 6 STATE OF WASHINGTON JEFFERSON COUNTY An Ordinance Repealing and Replacing Ordinance No. 05-1004-21 Relating to Land Use and Building Regulations and ORDINANCE NO. Declaring an Emergency; Establishing a Moratorium on Acceptance and Processing of Applications that Require Recognition of Legal Lots of Record and Plats in Existence Prior to September 7, 1971 for the Purpose of Further Development; WHEREAS, the Washington Constitution, Article XI, Section 11, confers upon county legislative authorities the police power to adopt regulations necessary to protect the health, safety, and well-being of its residents; and, WHEREAS,RCW 36.32.120(7)provides that the county legislative authorities shall make and enforce, by appropriate resolutions or ordinances, all such police and sanitary regulations as are not in conflict with state law; and, WHEREAS,the Growth Management Act,Chapter 36.70A RCW requires the County to plan consistent with its provisions; and WHEREAS,the Jefferson County Department of Community Development has on its workplan for 2021 legal lot of record code provisions for study and adoption, which includes the recognition of existing plats; and WHEREAS,Jefferson County records indicate that a large number of plats came into existence prior to August 11, 1969, the date that Chapter 58.17 RCW, entitled "Plats- Subdivisions-Dedications," came into effect and September 7, 1971, the date that Jefferson County's first platting ordinance, Ordinance 02-71, was approved and became effective; and WHEREAS,the County has not developed a policy for acceptance of plats that came into existence prior to enactment of Chapter 58.1 RCW or Ordinance U2-71("old plats");and WHEREAS, the County recently has received a number of requests for development of old plats in the rural area; and WHEREAS, old plats typically contain lots of insufficient size to fit a building envelope, permit an on-site sewage system, protect critical areas, and provide necessary stormwater facilities; and WHEREAS,without adequate land use regulation, development of old plats at urban densities within the rural area and in natural resource lands is a threat to the health, safety,and welfare because these areas are not equipped with infrastructure to accommodate Page 1 of 6 development at urban densities or may contain critical areas that were never considered; and WHEREAS, development of old plats at urban densities threaten the integrity and rural character of rural areas in Jefferson County; and WHEREAS,development of old plats and substandard lots at urban densities threaten the integrity and continued viability of natural resource lands in Jefferson County; and WHEREAS, development of old plats and substandard lots at urban densities in critical areas and at shorelines threaten the environmental integrity of watersheds and shoreline areas in Jefferson County that support shellfish and finfish of great importance to local residents, commercial harvesters, and federally-recognized Indian Tribes; and WHEREAS,time is needed to study the lot of record and old plat issue and potential effects of regulation in various parts of Jefferson County; and WHEREAS,a closely-related issue to old plats is recognition of legal lots of record; and WHEREAS, Jefferson County needs to adopt clear standards for determining whether a lot has been legally created and whether it is legally nonconforming; and WHEREAS, currently the determination of whether a lot has been legally created is researched and resolved on a case-by-case basis, without clear standards to provide consistency in decision making; and WHEREAS, the County needs to study this issue with input from the community concerning the most appropriate ways to regulate legal lots of record and old plats in Jefferson County; and WHEREAS, an emergency exists necessitating adoption of a moratorium concerning the acceptance and processing of applications which require recognition of legal lots of record and old plats in the rural area and natural resource lands for purposes of development;and WHEREAS, a moratorium enacted under RCW 36.70A.390 and RCW 36.70.795 provides a method by which a county may preserve the status quo so that new plans and regulations will not be rendered moot by intervening development; and WHEREAS, RCW 36.70A.390 and RCW 36.70.795 authorize the Board of County Commissioners to adopt and renew a moratorium, interim zoning map, interim zoning ordinance, or interim official control without holding a public hearing, as long as a public hearing is held within at least 60 days of its enactment; and WHEREAS, pursuant to WAC 197-1 1-880, the adoption of a moratorium ordinance is exempt from the requirements of a threshold determination under the State Environmental Policy Act(SEPA) and future permanent zoning regulations will be reviewed in accordance with SEPA Rules; and WHEREAS, a moratorium will provide the County with additional time to review and Page 2 of 6 amend its land use regulations and, if necessary, its comprehensive plan related to these issues; and WHEREAS,the Board of County Commissioners adopted an emergency moratorium in Ordinance No. 05-1004-21, but has determined that certain modifications to that ordinance need to be made; and WHEREAS, the Board of County Commissioners concludes that an emergency moratorium is appropriate to preserve the status quo while it considers options for regulating these matters in the rural area, the urban growth area overlay, natural resource lands, areas containing critical areas, and shorelines; NOW THEREFORE, BE IT ORDAINED BY THE JEFFERSON COUNTY BOARD OF COMMISSIONERS: Section 1. Findings of Fact. The Board of County Commissioners adopts the above "WHEREAS" recitals as findings of fact. These findings of fact support the action as required by RCW 36.70A.390. Section 2. Repeal and Replace. This ordinance repeals and replaces Ordinance No. 05-1004-21. Section 3.Declaration of Emergency. The Board of County Commissioners hereby declares that a moratorium ordinance must be imposed as an emergency measure to prevent development that would result in densities incompatible with zoning, and to prevent the submission of applications to the County in an attempt to vest rights for an indefinite period of time. The Board of County Commissioners finds as a fact and declares that an emergency exists and that this moratorium ordinance is necessary for the immediate preservation of public peace, health or safety or for the support of county government and its existing public institutions. Section4. Moratorium Imposed. The County hereby establishes an immediate moratorium on the acceptance, processing, or issuance of any land use application, permit, or approval; building application; or other development application which requires recognition of a legal lot of record or a plat in existence prior to September 7, 1971, including to but not limited to: an application for boundary line adjustment, binding site plan, plat alteration, segregations, or exemptions pursuant to JCC 18.35.040 and JCC 18.30.050. A land use application means any permit or approval issued under JCC 1 itle 18. "Development" is defined at JCC 18.10.040. Exceptions to this moratorium include: 1. Any application for repair of an existing permitted or legally nonconforming onsite septic system; 2. Any application for repair, remodel, or expansion of an existing permitted or legally nonconforming single or multi-family residence, commercial, or industrial structure; 3. Development on any lot that has already been recognized by the Department of Community Development or the Department of Environmental Public Health prior to the effective date Page 3 of 6 of this ordinance as a legal lot of record, including through the lot certification process, boundary line adjustment, restrictive covenant, or other administrative process; 4. Any land use,building,or any development application or request for a permit that is deemed complete prior to the date of this moratorium; 5. Any application for processing, review, or issuance of any land use permit or approval, building application or other development application which requires recognition of a legal lot of record or a plat in existence prior to September 7, 1971, if each lot to be developed is approximately equal or larger in size to the existing zoning classification; 6. Any lot consolidation through a boundary line adjustment application,building permit,land use permit, or other related development permit that proposes to consolidate or utilize pre- existing platted lots for the purposes of developing one single-family residence for occupancy by the applicant, as long as all required setbacks, health and sanitation requirements, and stormwater management requirements can be met on site. Only one application per applicant will be allowed during the period of the moratorium, and the applicant must have taken ownership of the property prior to October 4, 2021; 7. Any publicly funded land use permit or building application or other development application used primarily for housing persons experiencing homelessness or low-income households; 8. Any application for processing, review, or issuance of any land use permit or approval, building application or other development application for residential development within the Irondale and Port Hadlock Urban Growth Area Overlay District. 9. Any application for processing, review, or issuance of any land use permit or approval, building application or other development application for an essential public facility or any public entity,including but not limited to ports,school districts,fire districts,sewer districts, water districts, special use districts, or municipalities. Section 5. Duration of Moratorium. Because it has a workplan in Section 5, below, this moratorium shall be in effect from October 11, 2021, and ending on October 4, 2022, one year from the effective date of Ordinance No. 05-1004-21,unless subsequently extended by the Board of County Commissioners pursuant to RCW 36.70A.390 and RCW 36.70.795. Section6. Public Hearing Required. As required by RCW 16 70 1 190 and RCW 36.70.795, within 60 days of passage of this ordinance, the Board of County Commissioners will hold a public hearing on this moratorium. Section 7. Work Plan. During the moratorium period,County staff will complete the following work plan: 1) Study the issues concerning recognition of old plats and legal lots of record, as indicated in its 2021-22 work plan; 2)prepare a draft ordinance with appropriate revisions to the County's zoning and land use regulations and, if necessary, the comprehensive plan; 3) perform SEPA review of the draft ordinance; and 4)conduct a public review process for the amendments, which includes public hearings before the County's Planning Commission and Board of County Commissioners, if required. Page 4 of 6 Section 8. Effective Date. This ordinance shall take effect and be in full force and effect immediately upon passage. Section 9. Conflict with Other Provisions of County Code. If the provisions of this moratorium are found to be inconsistent with other provisions of the Jefferson County Code, this moratorium shall control. Section 10. Severability. The provisions of this ordinance are severable. If any section, sentence, clause or phrase of this ordinance or its application to any person or circumstance is held to be unconstitutional or unlawful by a court of competent jurisdiction, the remainder of this ordinance or application of its provisions or other persons or circumstances shall remain valid and unaffected. (SIGNATURES FOLLOW ON THE NEXT PAGE) Page 5 of 6 APPROVED and ADOPTED this / fr.-6 day of 0(10 2021. SEAL: JEFFERSON COUNTY BOARD F COMMISSIONERS Kate De , Chair Heidi Eise , Mtnber G fotherton, Member ATTEST: n Ca� C/4fry Carolyn llaway ' y•Clerk of the Board Approved as to form only: Philip C. Hunsucker Date Chief Civil Deputy Prosecu ' g Attorney Page 6 of 6