HomeMy WebLinkAbout112221ra01 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
Pinky Mingo, Director, Environmental Health
David Wayne Johnson, Interim Planning Manager, Community Development
Shannon Cartmel, Associate Planner, Community Development
Bryan Benjamin, Associate Planner, Community Development
DATE: November 22, 2021
SUBJECT: Public Hearing regarding Pre-1971 Lots and Plats
Ordinance 05-1004-21 and Ordinance 06-1011-21
STATEMENT OF ISSUE:
This public hearing will provide the general public an opportunity to provide public testimony on
Ordinance 05-1004-21 and Ordinance 06-1011-21, which repeals and replaces Ordinance 05-1004-21 (see
attached). A public hearing is required within 60 days of adoption of a moratorium or interim control.
With the recent uptick in the real estate market,the Department of Community Development (DCD) has
received applications to develop 'old plats' at urban-level densities in rural areas without any public input.
Platted before Jefferson County's 1971 subdivision regulations created a mechanism to preserve
community health and welfare, these old plats appear on the precipice of large-scale development in
several parts of the rural county with little or no public input. In fact, these applications would likely
increase housing densities in rural areas wholly outside of those areas envisioned by the Jefferson County
Comprehensive Plan to receive growth such as the City of Port Townsend Urban Growth Area(UGA),
the unincorporated Port Hadlock/Irondale UGA, the Port Ludlow and Brinnon Master Planned Resorts,
and subdivisions such as Kala Point, Cape George, Becket Point, and Woodland Hills among others that
benefited from rigorous community input. This appears in conflict with the Growth Management Act and
the community's preference as outlined in Comprehensive Plan.
On May 24, 2021, the Board of County Commissioners (BoCC) discussed DCD's workplan in an agenda
request entitled"Discussion of Community Development's FY2021-2022 Long-Range Work Program and
Potential Action Directing Community Development to Initiate Unified Development Code Updates". In
conclusion, the BoCC directed the Department of Community Development to initiate code revisions for
"Transient Housing" and the"Legal Lot of Record" (see BoCC May 24, 2021 minutes).
Prior to incorporating public input in the drafting of the Legal Lot of Record code revisions, DCD received
several applications seeking recognition of old plats in rural areas for the purpose of developing housing at
1
densities more than ten-fold greater than the base density. On October 4, 2021, the BOCC enacted a
moratorium 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. Findings of fact identified as"WHEREAS"
recitals in the October 4, 2021 and October 11, 2021 ordinances support the need to study this issue with
community members. Recognizing that the moratorium unintentionally excluded some activities from the
list of eight exemptions that should be permitted to move forward, the BoCC repealed and replaced the
moratorium on October 11, 2021. Then on November 1, 2021, the BoCC held a public housing workshop
to provide direction on five affordable housing and home/houseless housing projects in the DCD workplan,
including the Lot of Record project.
BACKGROUND
Over the last few decades, the county staff has administratively adapted to respond to the need to combine
lots in old pre-existing plats for development through a number of different methods. There has been no
legislative initiative, coupled with public participation, to examine the extent of the problem or options for
dealing with these small lots.
In Jefferson County, many small lots were created through plats that were recorded or otherwise
acknowledged in the late 1800's and early 1900's. Plats generally are maps, or representations on paper,
of a piece of land subdivided into lots, with streets, alleys, etc., usually drawn to a scale. Jefferson
County's first subdivision regulations were adopted in 1971, as Ordinance Number 2. Without the benefit
of subdivision regulations that consider stormwater,road, school, flood and fire impacts, these late 1800's
and early 1900's plats may encourage development in floodways, steep slopes or where transportation,
stormwater and septic infrastructure is infeasible.
Many other counties, faced with similar situations have developed a code process which limits development
of old plats and substandard lots. Examples of jurisdictions with such legislation include Skagit County,
Kitsap County, King County, San Juan County, and Thurston County. The Washington State Attorney
General's Office has issued a number of opinions on the issue of recognition of old plats which opine that
counties may and sometimes are required to apply modern land use and zoning requirements to these old
plats.
ANALYSIS
Typically, DCD provides an opportunity for public input through the deliberative public process outlined
in the Jefferson County Code so that higher densities are created in ways that preserve rural character and
are responsive to the public. For example, the recently approved Discovery Bay Golf Course Planned
Rural Residential Development(PRRD) incorporated the public on at least two occasions through the
notice of application and the public hearing before the hearing examiner. Even then, some community
members felt aggrieved because of the loss of natural area.
By recognizing these old plats without a public process or code mechanism,these applications would
likely establish densities in locations inconsistent with the intent and purpose of the State's Growth
Management Act(GMA)that seeks 'to recognize the importance of rural lands and rural character to
Washington's economy, its people, and its environment while respecting regional differences.'
2
Since DCD's long-range planners who research best practices, conduct public outreach, develop
recommendations and draft code revisions with the support of the Prosecuting Attorney's Office are also
assigned current planning responsibilities, DCD's senior management team recognizes the need to
supplement staffing through consultants for this project. As outlined during the BoCC's November 1,
2021 housing workshop, DCD permit volume continues to exceed the past year's record. In 2019, DCD
had more permits than any other year which was subsequently exceeded in 2020 only to be surpassed yet
again in 2022. Consultants would assist staff in carrying out early and continuous community outreach in
the spirit of the growth management act's public participation goal.
For the purpose of ensuring the robust citizen participation and coordination outlined in the
Comprehensive Plan, DCD anticipates that public participation may be particularly difficult in some
instances, especially with regards to floodplain property owners on the west end and those property
owners in areas with limited broadband. To address these realities, DCD will focus on a participatory
planning approach that relies on in-person and online (hybrid) events. Because planning and staging
comfortable, safe events during the COVID-19 pandemic may be exceptionally challenging, DCD
requests $15,000 for public outreach and analysis, as more fully outlined below under item number 3.
This draft scope of work (SOW) includes the following key components.
1. Communications Plan: DCD recommends a communication plan to update the public and meet
the Growth Management Act's goal of early and continuous public input. As part of a
communicationsplan, the Countywould expand the preliminarylist of Frequently Asked
p q Y
Questions (FAQ), flowcharts illustrating the permitting processes, and create ways to stay
informed such as list serves. Frequently community members do not understand the terms used,
so a proactive step may be to share widely the definitions of terms such as: Subdivision, Plat, and
Lot. DCD will also provide information to the community on the process of subdivision, the
reasons we need to certify lots as buildable when below the base zoning density, and how the law
of boundary line adjustment affects these processes.
2. Regulatory Approaches: Study old plats and the land use effects of different regulatory
approaches in the urban growth area overlay, resource lands, rural areas, and shoreline areas.
Analysis and literature review of regulatory approaches to development within critical areas
(geological hazards, frequently flooded, wetlands, stream and creeks, and critical aquifer recharge
areas) including shorelines that will protect health and the environment. Review of possible
regulatory approaches in different western Washington counties.
3. Participatory Planning & Code Drafting: Participatory planning as defined here involves the
systematic effort to envision Jefferson County's desired future as outlined in the Comprehensive
Plan and planning for that future, while involving and harnessing the specific competencies and
input of community residents, leaders, and stakeholders in the process. Additional preliminary
code drafting questions include whether the supply of small lots further reduces housing and
affordability by limiting supply and, if so, what measures may be undertaken to reduce, minimize
or eliminate that housing and affordability impacts. Should the county retain subject matter
experts to evaluate the impact on affordability based on various scenarios? Should the county
allow regional variance within the county's planning areas (see Jefferson County Comprehensive
3
Plan Exhibit 1-17) or base the code revisions solely on land use category or a combination of the
two? Should the County accept area specific public comment through the corresponding
Commissioner Districts or some other venue?
4. State Environmental Policy Act(SEPA): This final step involves review of impacts on the
environment as more fully outlined in the Washington Administrative Code, Chapter 197-1 land
public engagement.
NOTICE
This public hearing is being held pursuant to Chapter 36.70A.390 RCW for the purpose of receiving public
testimony on the draft workplan,the ordinance and exemptions thereto,to set policy for acceptance of plats
that came into existing prior to enactment of Chapter 58.17 RCW or Ordinance 02-71, Jefferson County's
first platting ordinance. Written testimony submitted by electronic mail to:jeftbocc&cojefferson.wa.us;
or by regular mail postage prepaid to Jefferson County Commissioners' Office; PO Box 1220, Port
Townsend, WA 98368 will be accepted until the end of the Public Hearing unless extended by the Board
of County Commissioners.
Notice of this hearing was published on November 10, 2021 and November 17, 2021 in the Port Townsend
Leader, Jefferson County's legal newspaper.
FISCAL IMPACT/COST-BENEFIT ANALYSIS:
DCD recognizes that this project generates no recoverable fees and would need to be fully supported by
the General Fund unless grant funding is identified and awarded.
RECOMMENDATION:
After accepting public testimony, authorize the County Administrator to approve consultant expenses in
an amount not to exceed $15,000 to implement the workplan's public outreach and analysis objectives
and authorize the scheduling of a workshop on December 6, 2021 followed by a public hearing on
December 20, 2021 on Ordinance 06-1011-21 to consider additional exemptions.
REVIEWED BY:
,///( Z, 01
Mark McCaule , terim County Administ Date
4
STA 1"h OF WASHINGTON
�+ JEFFERSON COUNTY
An Ordinance Relating to Land Use and
Building Regulations and Declaring an
Emergency; Establishing a Moratorium on ORDINANCE NO. 05-1004-21
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{7J 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 -z.8.. " 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 7 RCW or(Ordinance02-71_("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
development at urban densities or may contain critical areas that were never considered; and
Page 1 of 5
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 tion of a moratorium concerningthe
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,3.90 and RCW 6 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 6 70 190 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 1 97-11-880, 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
amend its land use regulations and, if necessary, its comprehensive plan related to these issues;
and
Page 2 of 5
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. 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 3. Moratorium Imposed. 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 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 l it le 18.
Exceptions to this moratorium include:
1. Any application for repair of an existing permitted onsite septic system;
2. Any application for repair, remodel, or expansion of an existing single or multi-family
residence;
3. Development on any lot that has already been recognized through the Department of
Community Development's lot certification process prior to the effective date of this
ordinance as a legal lot of record;
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;
Page 3 of 5
6. Any lot consolidation through a boundary line adjustment application that proposes to
consolidate six 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;
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.
Section 4 Duration of Moratorium. Because it has a workplan in Section 5, below, this
moratorium shall be in effect for one year,beginning on October 4,2021,and ending on October
4,2022,unless subsequently extended by the Board of County Commissioners pursuant to RCW
36.70A.390 and RCW 36.70.795.
Section 5. Public Hearing Required. As required by RCW 36.70A.390 and RCW 36.70.79 ,
within 60 days of passage of this ordinance, the Board of County Commissioners will hold a
public hearing on this moratorium.
Section 6. 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.
Section 7. Effective Date. This ordinance shall take effect and be in full force and effect
immediately upon passage.
Section 8.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 9. 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 4 of 5
APPROVED and ADOPTED this 4th day of October, 2021.
SEAL: JEFFERSON COUNTY BOARD OF:
COMMISSIONERS
j INKa f
Kate Dean,Chair
•
t ti
14 1 - *VC —
HeEdi Eisenh r,Member
Gr ` Brot erton.7Vtember
A t I 1ST:
7,7
Cid kt,/t, orittakv4,-
Carolyn Gi!'laway
Clerk of the Board
Approved as to form only:
` .` October 4. 2021
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
Page 5 of 5
(c � �� gip . )1-
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 36.12.120(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 02-7.1, 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 ;8. 17 RCW or Ordmrrr1cc 02-; 1 ("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 0.7'0 V 4)0 and RCW 7t)5
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 ;O.7O\ '9O and RCW .- ) 70 79 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 N 97-( 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
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 3n.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 .R ('
18. 15.040 and JCC 18 ,(M.O'?O, any application for an on-site sewage system permit pursuant to
Chapter 8.1 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.
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 ha
s already be
en recog
nized bythe Department of Community
P
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 3E,70 v.390 and RCW )O.70.7OS.
Section 6. Public Hearing Required. As required by RCW 36.70,1.39() and RCW 3( .77./9.c,
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 5of6
APPROVED and ADOPTED this / I " day of O theme 2021.
SEAL: JEFFERSON COUNTY BOARD OF
COMMISSIONERS
K to caln, Chair
Heidi Ei ur, Member
Gre of on, Member
ATTEST:
Gl ; 611(w
>._
Carolynt-Gallaway
Clerk of the Board
Approved as to form only:
0 C October 1 1, 2021
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
Page 6 of 6