HomeMy WebLinkAbout09 1021 21 Amending Ord. No. 06 1011 21 re: Land Use and Building Regulations and Declaring an Emergency CC . Dc0 ig - Io •�)
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STATE OF WASHINGTON
JEFFERSON COUNTY
An Ordinance Amending Ordinance No.
06-1011-21 Relating to Land Use and
Building Regulations and Declaring an ORDINANCE NO. 09-1210-21
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(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 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
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 36.70.79
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
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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 on October 4, 2021, but determined that certain modifications to that
ordinance needed to be made; and
WHEREAS,the Board of County Commissioners repealed and replaced Ordinance No.
05-1004-21 with Ordinance No. 06-1011-21 on October 11, 2021, and
WHEREAS,the Board of County Commissioners held a duly noticed public workshop
on Ordinance No. 06-1011-21 on December 6, 2021, and has determined that certain
modifications to Ordinance 06-1011-21 need to be made; and
WHEREAS,the Board of County Commissioners held a public hearing on the
amendments contained in this ordinance on December 20, 2021; 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 CountyCommissioners adopts the above
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"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
this action to amend Ordinance 06-1011-21 an emergency, as it makes amendments to a
moratorium ordinance that was 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 ordinance
amending Ordinance 06-1011-21 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. Amendments to Section 4 of Ordinance No. 06-1011-21, adopted December 6,
2021.
Section 4 of Ordinance No. 06-1011-21, adopted December 6, 2021, is hereby amended to read:
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
Page 3 of 6
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;
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 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 application necessary to develop one single-family residence,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 December 20,2021;
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.
10. Any application for boundary line adjustment and other necessary permits requested by
an Indian 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 applications for permits
for septic systems or habitable structures.
Page 4 of 6
Section 4. Effective Date. This ordinance shall take effect and be in full force and effect
immediately upon passage.
Section 5. 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 6. 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 20 day of cpr , 2021.
SEAL: JEFFERSON COUNTY BOARD OF
COMMISSIONERS
PP\e.
Kat Dean, Chair
• , , \d,
. i . ,„ ,
i „. :, .,,, ______,--
�� Het i Eis o , Member
J ,1 i u 1"
Greg rotherton, em er
ATTEST:
k3111 6d2
Carolyn G laway
Clerk of the Board
Approved as to form only:
0. C
/" Prmilj2-----
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
Page 6 of 6
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners •
C� S
Mark McCauley, Interim County Administrator
FROM: Brent Alfred Butler, Director, Community Development p
Pinky Mingo, Director, Environmental Health
Shannen Cartmel, Associate Planner, Community Development
Bryan Benjamin, Assistant Planner, Community Development
DATE: December 20, 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 is being held for the purpose of receiving public testimony on the above-referenced
ordinances adopted by emergency action in accordance with RCW 36.70A.390—Moratoria, interim
zoning controls—Public hearing—Limitation on length-Exceptions. The BoCC may review the timelines
and exceptions identified in 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.
During a public workshop on December 6, 2021, the Board of County Commissioners (BoCC) considered
amendments to Ordinance 06-1011-21, which repealed and replaced Ordinance 05-1004-21. Department
of Community Development(DCD) staff identified that two amendments are necessary to address
specific community concerns that staff learned about through discussions with community members
identified by the BoCC and public agencies in regular communication with the Department of Public
Health. DCD staff met with community members during regular business hours, 9 to 4:30pm, Monday
through Friday. Additionally, the DCD Director invited community members who contacted the BoCC to
one-on-one meetings. Through these meetings, DCD learned that existing exceptions do not fully embrace
the BoCC's goal to allow single family property owners to move ahead with construction of owner-
occupied housing. Furthermore, DCD learned that ordinance provisions placed a moratorium on projects
specifically benefiting salmonids, and other anadromous fish in the Hood Canal.
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.
1
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 with little or no
public process and without a code mechanism in place, these applications would likely aggrieve
community members by establishing 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.'
WORK PLAN
This draft scope of work (SOW) includes the following key components.
Communications Plan: A communication plan to update the public and meet the Growth Management
Act's goal of early and continuous public input is envisioned. As part of a communications plan, the
County would expand the preliminary list of Frequently Asked 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 a boundary line adjustment affects these processes.
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
2
Washington counties.
As an initial effort to visually organize DCD's findings regarding regulatory approaches in the selected
jurisdictions, DCD has started to produce a series of matrices to provide an overview of important trends
in regulatory approaches. The first draft matrix, titled County Protocol, details Lot of Record
Determination protocols for four of six counties included in our preliminary analysis (see Table 1).
The County Protocol matrix categorizes:
• whether lot determination criteria are present in code language and administrative processes,
• whether legal lot determination is a requirement for permit applications, and
• whether provisions or exceptions for substandard lots of record or innocent buyers are offered as a
part of the determination process.
County 0 e -`d dm 'ri strative Required for Innocent Substandard
Protoco I Language Process Permitting Buyer Lot Provision
Provisions
King X X X
Skagit X X X X X
Whatcom X X X
Kitsap X X X X
Table 1: County Protocol Matrix
While a work in progress, the County Protocol matrix helps establish that A.)the requirement for Lot of
Record Determination is established in a variety of regulatory contexts, and B.) that there are a number of
regulatory tools that can be developed to assist aggrieved property owners. DCD is working on expanding
this matric and developing further matrices to capture important information and points of comparison
that will help create outreach materials that will facilitate public participation during outreach events.
In addition, DCD has started to assess the following:
• Complexity: how complex the lot determination process for property owners/applicants and
planning staff, respectively;
• Cost: how expensive is the lot determination process to the applicant(permit fees), and what
impacts (if any)to staff time have the respective planning departments observed;
• Processing Time: how much time a lot of record determination take, e.g. how much time does the
process add to a permit timeline or review cycle;
• Equity Issues: many of the parcels affected by the moratorium in Jefferson County are in plats
located in river valleys and flood plains. DCD wants to understand whether this pattern (or other
analogues to this pattern) were observed in other jurisdictions. If so, what considerations were
made for these properties in their respective lot determination process.
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. As part of the effort to harness community
input, the County is developing a more detailed outreach strategy that targets internal and external
partners. For the purpose of ensuring the robust citizen participation and coordination outlined in the
3
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. Three specific geographic areas and
ownership groups are currently envisioned as the basis for community outreach. External county partners
include: 1) Owners of Undeveloped Old Plats (pre-September 7, 1971); 2) Owners of Developed Old
Plats, and 3)Abutters to Old Plats. In each of the three Commissioner Districts, DCD will convene focus
groups of the above so that the county may consider regional variance using the Commissioner Districts'
as a proxy for the county's planning areas (see Jefferson County Comprehensive Plan Exhibit 1-17).
Additionally, the outreach envisions regularly incorporating the input of real estate brokers/agents and
builders through monthly meetings during the moratorium.
The Assessor's Office, Central Services, and Public Health's Environmental Health Division form the
internal County partners, and will likely transition to becoming the Technical Review Team. Staff will
review the other regulatory approaches to see if these other counties base the code revisions solely on land
use category or a combination of the land use category and geography.
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 accept area
specific public comment through the corresponding Commissioner Districts or some other venue?
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.
Proposed Amendment Number 1-New Exception 10 in the Proposed Ordinance (Section 3)
The proposed amendment would except from the moratorium conservation projects advanced by Indian
Tribes, public entities, or nonprofits for the natural and beneficial function of shorelines and wetlands to
provide, enhance, or expand fish habitat. Because many of the old plats targeted by the moratorium are
clustered along river valleys that are critically important to our region's fish species, the moratorium has
had the unintended consequence of delaying such projects. DCD proposes this exception to allow this
important work to continue. These sensitive areas are graphically portrayed in the map on the map below,
which is for planning purposes only.
The proposed amendment(s) in bold and italics include the following revision and/or addition:
Any application for boundary line adjustment and other necessary permits requested by an Indian
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 applications for permits for septic systems or habitable structures.
4
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Proposed Amendment Number 2-Amended Exception 6 in the Proposed Ordinance (Section 3)
The BoCC expressed the desire to remove barriers for individual land owners seeking to construct their
own home. It appears that the existing exception 6 still fails to except some permit types necessary for
development of single-family residence. DCD and EPH therefore propose the following revision to
exception number 6:
5
Proposed Amendment to Exception Number 6
existing platted lots for the purposes of developing one single family residence for occupancy by the
applicant, 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;
NOTICE
Notice that this public hearing would be held pursuant to Chapter 36.70A.390 RCW was published on
December 8 and 15, 2021 in the Port Townsend Leader, Jefferson County's legal newspaper. Written
Testimony was invited by Email to: ieffboccrc co jefferson.wa.us; or by Mail to: Jefferson County
Commissioners' Office;PO Box 1220,Port Townsend,WA 98368 beginning December 8,2021 and ending
at the close of the December 20, 2021 public hearing unless extended by the BoCC.
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.
Because planning and staging comfortable, safe events during the COVID-19 pandemic may be
exceptionally challenging, DCD's recently approved request for $15,000 to assist in public outreach and
analysis may be combined with the Department of Ecology grant. This competitive award of$200,000
requires a 25 percent match for the purposes of competing a Flood Hazard Management Plan for the
Jefferson County rivers that flow into the Hood Canal (Duckabush, Dosewallips, Little Quilcene, and Big
Quilcene). Since many of the Old Plats are located in river valleys, the combining of this
award
with the
e
FCAAP grant may ensure that these projects are completed in way that complement each other and reduce
cost through economies of scale.
RECOMMENDATION:
After accepting public testimony, repeal and replace Ordinance 06-1011-21 with a new ordinance that
includes the above-referenced revisions.
REVIEWED BY:
Mark McCauley, rim County Administrator( Date
6
STATE OF WASHINGTON
JEFFERSON COUNTY
An Ordinance Amending Ordinance No.
06-1011-21 Relating to Land Use and
Building Regulations and Declaring an ORDINANCE NO. XX-XXXX-21
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 5K. 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
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 36.7)A.39O 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
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 on October 4, 2021, but determined that certain modifications to that
ordinance needed to be made; and
WHEREAS,the Board of County Commissioners repealed and replaced Ordinance No.
05-1004-21 with Ordinance No. 06-1011-21 on October 11, 2021, and
WHEREAS,the Board of County Commissioners held a duly noticed public workshop
on Ordinance No. 06-1011-21 on December 6, 2021, and has determined that certain
modifications to Ordinance 06-1011-21 need to be made; and
WHEREAS,the Board of County Commissioners held a public hearing on the
amendments contained in this ordinance on December 20, 2021; 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. Declaration of Emergency. The Board of County Commissioners hereby declares
this action to amend Ordinance 06-1011-21 an emergency, as it makes amendments to a
moratorium ordinance that was 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 ordinance
amending Ordinance 06-1011-21 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. Amendments to Section 4 of Ordinance No. 06-1011-21, adopted December 6,
2021.
Section 4 of Ordinance No. 06-1011-21, adopted December 6, 2021, is hereby amended to read:
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 1 K.30.05O, 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
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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;
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 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.
by the applicant, as long as all required setbacks, health and sanitation requirements, and
the property prior to October 1, 2021;
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;
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
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any public entity, including but not limited to ports, school districts, fire districts, sewer
districts, water districts.
10. Any application for boundary line adjustment and other necessary permits requested by
an Indian 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 applications for permits
for septic systems or habitable structures.
Section 4. Effective Date. This ordinance shall take effect and be in full force and effect
immediately upon passage.
Section 5. 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 6. 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)
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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
Deputy Clerk of the Board
Approved as to form only:
C
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
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