HomeMy WebLinkAbout110821ca02 JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Mark McCauley, Interim County Administrator
FROM: Brent Alfred Butler, Director, Community Development
Jodi Adams, Permit and Building Manager
David Wayne Johnson,Interim Planning Manager
DATE: November 8, 2021
SUBJECT: HEARING NOTICE re: Adoption of Two Emergency Ordinances: Ordinance
05-1004-21 and Ordinance 06-1011-21 (which repealed and replaced Ordinance
05-1004-21), both 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;
Virtual Hearing to be scheduled for November 22, 2021 at 10:30 a.m.
STATEMENT OF ISSUE:
The Board of County Commissioners ("BoCC") is requested to consider holding a public hearing
and reviewing findings of fact adopted as a part of adoption of two emergency ordinances, the first
on October 4, 2021(Ordinance 05-1004-21) and the second on October 11, 2021 (Ordinance 06-
1011-21). The BoCC recently adopted both of these emergency ordinances, which placed an
immediate moratorium on acceptance of certain development applications which require
recognition of a legal lot of record or a plat in existence prior to September 7, 1971. Ordinance
06-1011-21 repealed and replaced Ordinance No. 05-1004-21. Even though Ordinance 05-1004-
21 was repealed, the BoCC is still required by law to hold a public hearing and consider findings
on that ordinance, as well as Ordinance 05-1011-21, which replaced it.
ANALYSIS:
RCW 36.70A.390 and RCW 36.70.795 both provide that the County may enact an emergency interim
control or moratorium as a way to a way to preserve the status quo so that new plans and regulations
will not be rendered moot by intervening development. Both emergency ordinances were adopted
pursuant to these statutes, and the BoCC did not conduct public hearings prior to adoption.
Both RCW 36.70A.390 and RCW 36.70.795 require that if no public hearing is held prior to adoption,
the BoCC must hold a public hearing within 60 days of the emergency adoption of the ordinance. To
comply with this requirement, the BoCC must hold a public hearing prior to December 3, 2021.
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Therefore, I request the BoCC hold this public hearing on November 22, 2021 at 10:30 a.m. On
November 22, 2021, as part of your regular meeting,the BoCC would take public testimony on the
adopted emergency ordinances. The BoCC would also review the findings of fact adopted in these
ordinances and either reaffirm or modify those findings. The workplan may also be discussed at the
hearing. The Public can view related documents at the following link:
https://www.co.jefferson.wa.us/260/Community-Development
RECOMMENDATION:
Approve the request to put the public hearing on Ordinances 05-1004-21 and 06-1011-21 on the
agenda for November 22, 2021 at 10:30 a.m.
REVIEWED BY:
"ftzt. l/ 5
Mark McCaul nterim County Adminit tor Date
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Please publish 2 times: November 10 and 17, 2021
Bill to Jefferson County Commissioners
Non-departmental Fund
PO Box 1220
Port Townsend, WA 98368
NOTICE OF PUBLIC HEARING BEFORE THE
JEFFERSON COUNTY BOARD OF COMMISSIONERS REGARDING THE
EMERGENCY ADOPTION OF ORDINANCE 05-1004-21 ON OCTOBER 4, 2021 AND
THE EMERGENCY ADOPTION OF ORDINANCE 06-1011-21 (WHICH REPEALS
AND REPLACES ORDINANCE 05-1004-21), BOTH 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
NOTICE IS HEREBY GIVEN that a public hearing is scheduled by the Jefferson County
Board of Commissioners for MONDAY, November 22, 2021 at 10:30 a.m. in the
Commissioners’ Chambers, County Courthouse, 1820 Jefferson Street, Port Townsend, WA
98368 (NOTE: No In-Person Attendance Allowed (Per Jefferson County RESOLUTION No. 45-21)),
and said notice of said hearing be published in the official newspaper of Jefferson County, and that
at said hearing any interested person may appear virtually and be heard for or against the ordinance.
To participate virtually, you will need to join the meeting by 10:30 a.m. To participate via Zoom,
click on https://zoom.us/j/93777841705. To participate via telephone dial 1-253-215-8782 and
enter access code: 937-7784-1705# by 11:30 a.m. To view this meeting live with no
participation, or to view documents, go to www.co.jefferson.wa.us Follow the links under
“Quick Links: Videos of Meetings: Today.” Access for the hearing impaired and others can be
accommodated using Washington Relay Service at 1-800-833-6384.
The public hearing is being held pursuant to RCW 36.70A.390 for the purpose of receiving
public testimony on two ordinances that were adopted by emergency action: Ordinance 05-1004-
21 on October 4, 2021, and Ordinance 06-1011-21 on October 11, 2021 (which repealed
Ordinance 05-1004-21 and replaced it with a new ordinance, also adopted as an emergency).
Ordinance 05-1004-21 adopted the following emergency moratorium: “The County hereby
establishes 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 plat in existence prior to September 7, 1971,
including 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.” The ordinance
included eight exceptions to the moratorium for the following activities: repair, remodel, and
expansion of an existing septic system or an existing single family or multi-family residences,
development of one new single-family residence, any development already deemed complete as
of October 4, 2021 or on a lot already recognized by the County, any development on lots that
meet the existing zoning classification, development of publicly-funded housing for persons
experiencing homelessness or low-income households, and any development within the Irondale
and Port Hadlock Urban Growth Area Overlay District. Ordinance 06-1011-21 repealed and
replaced Ordinance 05-1004-21, and adopted the following emergency moratorium: “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 JCC18.30.050, any
application for an on-site sewage system permit pursuant to Chapter 8.5 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.” The ordinance included
nine exceptions to the moratorium for the following activities: repair, remodel, and expansion
of an existing septic system or an existing single family or multi-family residences, development
of one new single-family residence, any development already deemed complete as of October 4,
2021 or on a lot already recognized by the County, any development on lots that meet the
existing zoning classification, development of publicly-funded housing for persons experiencing
homelessness or low-income households, any development within the Irondale and Port Hadlock
Urban Growth Area Overlay District, and any development of an essential public facility, or
development by any public entity. Both ordinances also identify a workplan already developed
by the Department of Community Development which would allow for the study of this issue
and development of a new code that regulates the recognition and development of such lots and
plats within Jefferson County.
On November 22, 2021, as part of their Regular Meeting, the Board of County Commissioners
will take public testimony and review the findings of fact adopted in Ordinance 05-1004-21 and
06-1011-21, and either reaffirm or modify those findings. The workplan may also be discussed at
the hearing.
The public may view the ordinances by visiting www.co.jefferson.wa.us; click on Latest News
and follow the posting regarding this Hearing. The Public can view related documents at the
following link: https://www.co.jefferson.wa.us/260/Community-Development
In addition, written testimony is also invited beginning on November 10, 2021 and ending on
November 22, 2021 at the end of the Public Hearing, unless extended by the Board of County
Commissioners. Written public testimony may be submitted by Email to:
jeffbocc@co.jefferson.wa.us; or by Mail to: Jefferson County Commissioners’ Office; PO Box
1220, Port Townsend, WA 98368. To provide oral testimony, dial 1-253-215-8782 and enter
access code: 937-7784-1705# by 10:30 a.m. so your call can be taken. Testimony must be
received by the Board of County Commissioners by the end of the hearing public comment
period.
th
Approved and signed this 8 day of November, 2021.
JEFFERSON COUNTY BOARD OF COMMISSIONERS
Kate Dean, Chair