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Home My WebLink About091 95 STATE OF WASHINGTON COUNTY OF JEFFERSON IN THE MATTER OF A RESOLUTION} ADOPTING AN EMERGENCY } ORDINANCE TO BRING THE COUNTY} INTO COMPLIANCE WITH THE } WESTERN WASHINGTON GROWTH} MANAGEMENT HEARINGS BOARD } ORDER OF SEPTEMBER 6,1995, } SETTING POLICIES TO GUIDE THE } ACCEPTANCE AND ADMINISTRATION} OF DEVELOPMENT APPLICATIONS} FOR THE PORT LUDLOW AREA AND } REQUESTING ACTION BY THE } JEFFERSON COUNTY PROSECUTOR} RESOLUTION No. 91-95 Whereas, on January 17, 1995, the Board of County Commissioners adopted Ordinance No. 01- 0117-95, an ordinance designating a Port Ludlow Interim Urban Growth Area pursuant to the provisions ofRCW 36.70AII0; and, Whereas, on March 22, 1995, the Western Washington Growth Management Hearings Board received a petition for review of this ordinance from Albert Loomis IV; and, Whereas, following the County filing a motion for dismissal on April 18, 1995, the filing of a motion for intervenor status by Pope Resources on April 20, a prehearing conference on May 15, 1995, and denial of the motion to dismiss on June I, 1995, a hearing on the merits of the appeal was held by the Western Washington Growth Management Hearings Board on July 27, 1995; and, Whereas, on September 6, 1995, the Western Washington Growth Management Hearings Board issued a final decision and order for Case No. 95-2-0066, Albert Marshall Loomis IV vs. Jefferson County. This order found the County to be out of compliance with the Growth Management Act (RCW 36.70A) in adopting Ordinance No. 01-0117-95; and, Whereas, the Western Washington Growth Management Hearings Board ordered the County to repeal Ordinance No. 01-0117-95 within 30 days and prohibited the County from extending any JUGA beyond municipal boundaries until requisite analysis is completed; and, Whereas, in making this final decision and order, the Western Washington Growth Management Hearings Board consistently noted that (I)UGA designation was probably inappropriate for Port Ludlow given its retirement and resort orientation, and that designation as a Master Planned Resort under RCW 36.70A360 may be more appropriate; and, \'OL 2-1 . - ,or ..l.. r",' Page: I Q 1150 Resolution No. 91-95 Whereas, re-evaluation of the long-term planning status of Port Ludlow requires that the area retain as many options as possible for land within its boundaries that is currently unplatted; and, Whereas, retaining unplatted lands in their present status shall have the beneficial effect of preserving a full range of land use options for the Port Ludlow community through the period leading to adoption of the revised Jefferson County Comprehensive Plan; and, Whereas, lack of action by the County, or adoption of interim development regulations that allow the subdivision ofland for uses which may be incompatible with the long-term future ofthe Port Ludlow community, would significantly reduce the validity of ongoing planning efforts and potentially compromise the use and enjoyment of land by property owners over the long term; and, Whereas, a substantial number of applications for the subdivision ofland within the Port Ludlow IUGA have been received by the County in the time that Ordinance No. 01-0117-95 has been in effect; and, Whereas, the direction provided the County in the Western Washington Growth Management Hearings Board Final Decision and Order is as follows: I In order to achieve compliance Jefferson County must repeal this Ordinance within 30 days ....'; and, Whereas, this wording and the decision of the Board to find non-compliance, but not invalidate, Ordinance No. 01-0117-95, raises significant concerns for the county as to whether applications for subdivision made under this ordinance are vested under State law; and, Whereas, the County has a responsibility to its citizens to act wisely and prudently in matters pertaining to risk management that may compromise its ability to deliver needed services; and, Whereas, adoption of this ordinance prior to October 6, 1995, is necessary to bring the County into compliance with the requirements of GMA (RCW 36.70A); and, Whereas, adoption of this ordinance prior to October 6, 1995, is necessary for continued progress on production of a draft Comprehensive Plan that is intended to bring the County fully into compliance with the requirements of the Growth Management Act; and, Whereas, adoption of this ordinance is necessary for preserving the County's planning options under the GMA; and, Whereas, adoption of this ordinance will avoid continued uncertainty for the owners of land in the former Port Ludlow lUG A as to how they may best continue to use and enjoy their property; and, Page: 2 VOL 21 rM,~ 0 .11.5~ Resolution No. 91-95 Whereas, adoption of this resolution is necessary to preserve the public health, safety and welfare of the County as a whole NOw, THEREFORE, BE IT RESOLVED, that the following measures be adopted by Jefferson County: 1. That the conditions detailed above are sufficient to merit the Board of County Commissioners determining that an emergency currently exists in Jefferson County; 2. That an emergency currently exists in Jefferson County 3. That adoption of the measures contained in Ordinance No. -1002-95 is the most effective means available to the County to address these emergency conditions and prevent a worsening of its legislative and administrative situation. 4. That the County adopts this Ordinance on an emergency basis, as allowed under the Growth Management Act 5. That a properly advertised public hearing on this ordinance shall be held within 60 days ITom this date of adoption. BE IT ALSO RESOLVED, that the following policies be adopted by Jefferson County to control the development of lands within the former Port Ludlow IUGA: 6.1. Until such time as the County adopts permanent development regulations for the Port Ludlow area that implement the revised Comprehensive Plan required under RCW 36.70A, the County shall not accept any applications for the subdivision of unplatted land within the boundaries of the former Port Ludlow Interim Urban Growth Area. 6.11. Until such time as the County adopts permanent development regulations for the Port Ludlow area that implement the revised Comprehensive Plan required under RCW 36.70A, the County shall not accept any applications for Planned Unit Developments within the boundaries of the former Port Ludlow Interim Urban Growth Area. BE IT FURTHER RESOL VED, that given the responsibility of the County to act wisely and prudently in matters pertaining to risk management and the relative lack of direction provided on vesting by the applicable decision of the Western Washington Growth Management Hearings Board, the County adopts the following measures: 7.1. The Board of County Commissioners hereby requests the County Prosecutor to initiate proceedings in Superior Court to seek a declatory judgement from the court in the matter Page: 3 \/0'- ?1 'Ir~ s- f"". 0 1.160 Resolution No. 91-95 of whether or not all applications for development in Port Ludlow, made during the period Ordinance No. 01-0117-95 was in effect, are legally vested under Washington law. 7.11. Notwithstanding the pendency of such a judgement, the County shall continue to process all Port Ludlow development applications made during the period Ordinance No. 01- 0117-95 was in effect, assigning them no greater or lesser priority than similar applications made for other areas of the County. APPROVED and Adopted this 2nd day of October, 1995. JEFFERSON COUNTY BOARD OF COMMISSIONERS . " . 'f - . . '.. . ... Atte$t: III", 'I t. \ ~~ Lorna Delaney, Clerk of the Board \ ~. . STOFORM: , ','- C Ì/VIv- ~íL Paul E. McIlrath) \ Chief Deputy Prosecutor VOL 21 dCç Page: 4 O.tl.G:;