HomeMy WebLinkAbout120621cabs01 JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Mark McCauley, Interim County Administrator
FROM: Bryan Benjamin, Assistant Planner, Community Development
Brent Alfred Butler, Director, Community Development
Shannen Cartmel, Associate Planner, Community Development
Pinky Mingo, Director, Environmental Health
DATE: December 6, 2021
SUBJECT: Workshop regarding Pre-1971 Lots and Plats
Ordinance 05-1004-21 and Ordinance 06-1011-21
STATEMENT OF ISSUE:
This workshop reviews the existing moratorium exceptions and provides information on the moratorium's
impact on the community, as requested at the November 22, 2021 public hearing, and provides a pathway
to reduce, eliminate or minimize these impacts.
Since the BoCC adopted the October 4, 2021 Emergency Ordinance 05-1004-21 related to Old Plats and
repealed and replaced it with Ordinance 06-1011-21, Department of Community Development(DCD)staff
have triaged applications to determine if the moratorium applies. In response to the applications and
associated inquiries about the moratorium's applicability, Jefferson County staff in Environmental Health
and Community Development have identified the need for the Board of County Commissioners (BoCC)to
consider two revisions to the above-referenced ordinance.
BACKGROUND
Largely based on project complexity, the determination of whether the moratorium applies (the triage)
consists of three steps. After these steps, if county staff identify that the project or activity is still subject
to the moratorium because no exceptions apply and the proposal serves a greater community interest, it
moves forward for consideration by the BoCC as a new exception or an amendment to an existing
exceptions.
As a first step to determine if the moratorium applies, DCD's permit techs answer questions about the
moratorium's applicability to specific projects. For example, permit techs are able to determine when a lot
was platted,which identifies if it is potentially affected by the moratorium's September 7, 1971 cutoff. This
date corresponds to the County's first subdivision regulation. After this preliminary step, the permit tech
passes review to the planning tech who determines if the project is located in an urban growth area or master
planned resort. The planning tech additionally confirms with the Interim Planning Manager or an Associate
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Planner Lead if any of the other seven exceptions apply. Upon completion of these two preliminary steps,
the project applicant is contacted either by the planning tech or the Interim Planning Manager depending
on the specifics. Some requests also go directly to the Interim Planning Manager or,if directed by the BoCC,
to the DCD Director. If the Interim Planning Division Manager finds that a specific application or project
subject to the moratorium needs further review and analysis, the Interim Planning Manager contacts the
DCD Director who does one or more of the following three activities:
1) Schedules a meeting with the applicant between 4:30 and 5pm,
2) Reviews the project details with an interdisciplinary team that brings together planning and
environmental health or
3) Discusses the project with DCD's Senior Management Team(Permit and Building Manager
and the Interim Planning Manager).
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If after these steps, the DCD Director identifies that one of the proposed activities may serve a greater
community interest, such as removing property from the regulatory floodplain to potentially protect life and
property, it moves forward for consideration as a new exception by the Board of County Commissioners.
Through the process graphically portrayed below, the need for two additional changes has been identified.
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nor compete intormation,refer to Ordnance 96-301121. stetted an appiicabcn.
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Proposed Amendment Number 1
The proposed amendment includes adding projects advanced by the Tribes, other not-for-profits or
entities for the natural and beneficial function of shorelines and wetlands to provide, enhance or expand
fish habitat. Because many of the Old Plats are clustered along river valleys that are critically important to
our region's fish species, the Tribes and other entities engaged in conservation/preservation efforts in
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these areas should continue. These sensitive areas are graphically portrayed in the map on page 3, which
is for planning purposes only.
The amendment(s)
proposed e t(s) in bold and italics include the following revision and/or addition:
Any boundary line adjustment and other necessary permits requested by a Tribe,public entity or
nonprofit applicant for the primary purpose of restoring, improving, or conserving habitat and
functions in critical areas, shorelines or other natural areas;provided that, this exception does not
allow for development.
8lrinnon & Quilceene Planning Areas
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3
Proposed Amendment Number 2
The BoCC expressed the desire to remove barriers for land owners seeking to construct their own home
through submission of one application on their behalf. To accomplish this task, DCD sees the need to
make the following revision to exception number 6
Existing Exception Number 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;
Proposed Exception Number 6
Any application necessary to develop 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;
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. In addition, there has not been a decrease in accepted applications since the
implementation of the moratorium. There has actually been an increase in applications since October. It
was anticipated that a decrease would start to be seen in January,but with the amendment to exception 6
proposed above, a substantial decrease in revenue is no longer expected.
RECOMMENDATION:
After accepting public testimony, schedule a public hearing on December 20, 2021 to repeal and replace
Ordinance 06-1011-21 with a new ordinance that includes the above-referenced revisions.
REVIEWED BY:
/4/27Z-r
Mark McCauley terim County Administrat Date
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Please publish 2 times: December 8 and 15, 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 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,December 20, 2021 at 11:00 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 11:00 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 11:00 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 may view the draft ordinance by visiting www.co.jefferson.wa.us; click on Latest
News and follow the posting regarding this Hearing.
The public hearing is being held pursuant to RCW 36.70A.390 for the purpose of receiving
public testimony on the timelines and exceptions identified in 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 December 20, 2021, as part of their Regular Meeting, the Board of County Commissioners
will take public testimony and consider amending Ordinance 06-1011-21 by adding a new
exception to the moratorium as follows: "(10) Any boundary line adjustment and other necessary
permits requested by a Tribe, public entity or nonprofit applicant for the primary purpose of
restoring, improving, or conserving habitat and functions in critical areas, shorelines or other
natural areas; provided that, this exception does not allow for the building of habitable structures
or for the installation of septic systems."
The Board of County Commissioners will also consider amending exception number 6 to the
moratorium to read as follows: "(6) Any application necessary to develop 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 ofthe moratorium,and the
applicant must have taken ownership of the property prior to October 4, 2021."
The Board of County Commissioners may review the findings of fact adopted in Ordinance 06-
1011-21, and either reaffirm or modify those findings. The workplan and timeline may also be
discussed at the hearing. Other modifications of Ordinance 06-1011-21 also may be considered.
In addition, written testimony is also invited beginning on December 8, 2021 and ending on
December 20, 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 aco.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.
Approved and signed this 6th day of December, 2021.
JEFFERSON COUNTY BOARD OF COMMISSIONERS
Kate Dean, Chair