HomeMy WebLinkAbout05 0410 06
JEFFERSON COUNTY
STATE OF WASHINGTON
Interim Ordinance Rescinding Chapter 18.18 }
Within Title 18 of the Jefferson }
County Code and Formally }
Re-establishing the Previously Existing }
Rural Designations and Standards for the }
Planning Area for the Future Irondale }
and Hadlock Urban Growth Area }
Ordinance No. 05-0410-06
WHEREAS, the County adopted urban designations and standards for the
Irondale and Hadlock Urban Growth Area ("UGA") through Ordinance No. 10-
0823-04 on August 23,2004, codifying urban standards in Title 18 of the
Jefferson County Code ("JCC") as Chapter 18.18 JCC; and
WHEREAS, the Western Washington Growth Management Hearings
Board ("Hearings Board") has invalidated those urban designations and standards,
through its May 31, 2005 Final Decision and Order for Case No. 04-02-0022,
while capital facilities planning continues; and
WHEREAS, in response to the finding of invalidity, the County has
effectively reverted to the rural designations and standards for that area that were
in effect prior to the August 23,2004 adoption of urban designations and
standards; and
WHEREAS, the Hearings Board continues to express concern about the
ability for applicants to make development applications under urban standards in
Chapter 18.18 JCC, since that chapter remains part of the development code
despite being in a state of irtvalidation; and
WHEREAS, the County desires to clarify by way of this ordinance to the
Hearings Board and the public precisely what land use designations and
regulations apply to the planning area for the Irondale and Hadlock UGA in this
interim period before the completion of capital facilities planning; and
WHEREAS, the County remains committed to completing the Irondale
and Hadlock UGA and gaining GMA compliance for that UGA; and
WHEREAS, the invalidated development regulations in Chapter 18.18
JCC contained provisions necessary for developing urban services; and
Ordinance No. 05-0410-06 re: Re-establishing Previously Existing Rural Designations and
Standards for the Planning Area for the Future Irondale/Port Hadlock UGA
WHEREAS, the invalidated development regulations in Chapter 18.18
lCC regulated uses incompatible with urban environments; and
WHEREAS, allowing development inside the UGA that will not fund the
sewer system will preclude urban uses and intensities at those locations; and
WHEREAS, RCW 36.70A.390, a section of the Growth Management Act
(Chapter 36.70A RCW), authorizes a County to adopt interim controls and
thereafter to hold a public hearing on those controls within 60 days of enactment;
NOW THEREFORE BE IT ORDAINED by the Board of County
Commissioners as follows:
SECTION 1. Chapter 18.18 lCC rescinded.
The chapter of the development code that established urban standards for the
Irondale and Hadlock UGA, as initially adopted through Ordinance No. 10-0823-
04 and later re-adopted and amended through Ordinance No. 02-0126-06, a
chapter of the JCC that has been invalidated by the Hearings Board, be and hereby
is rescinded. The title for Chapter 18.18 JCC and lCC tables of contents will be
marked "RESERVED" for use when urban standards are re-established at a future
date.
SECTION 2. Rural designations apply to UGA planning area.
The rural designations for the planning area for the future Irondale and Hadlock
UGA that were in effect immediately prior to adoption of Ordinance No. 10-0823-
04 are again in effect. These are delineated in Attachment A. This action confirms
a policy that has been effect since June 1,2005, in response to the May 31, 2005
invalidation by the Hearings Board of the urban designations and standards
adopted by the County on August 23,2004.
SECTION 3. Rural standards apply to UGA planning area.
Title 18 lCC, otherwise known as the "Unified Development Code," contains rural
development standards applicable to the variety of rural land use designations in
Jefferson County. These rural development standards shall apply to the planning
area for the future lrondale and Hadlock UGA according to the rural designations
as described in SECTION 2 above, except as provided in SECTIONS 4 and 5
below.
SECTION 4. Mini-storage not allowed in rural commercial areas
within UGA planning area.
Mini-storage facilities shall not be allowed in the Port Hadlock Rural Village
Center ("RVC") and the rural commercial areas designated at the intersection of
Page 2 of3
Ordinance No. 05-0410-06 re: Re-establishing Previously Existing Rural Designations and
Standards for the Planning Area for the Future IrondalelPort Hadlock UGA
lrondale Road and State Route ("SR") 19 and the intersection of Ness' Comer
Road and SR 19, in order to prevent land uses in those rural commercial areas
which are inconsistent with the goal of developing urban sewer service for the
future UGA. The use tables in Title 18 JCC shall be amended to show that
whereas they may be allowed in other similarly-designated rural commercial areas
in the county, mini-storage facilities are not allowed in the rural commercial areas
found within the planning area for the lrondale and Hadlock UGA.
SECTION 5. No Protest Agreement required.
A No Protest Agreement must be signed by or on behalf of the applicant for any
development permits within the planning area for the Irondale and Hadlock UGA.
(Refer the UGA planning area boundary mapped in Attachment A.) The No
Protest Agreement is an administrative instrument that is created and managed by
the County Department of Community Development.
SECTION 6. Severability.
If any provision of this ordinance or its application to any person or circumstance
is held invalid, the remainder of the ordinance, or the application of the provision
to other persons or circumstances is not affected.
SECTION 7. Effective date.
This ordinance shall take effect immediately after passage.
APPROVED AND ADOPTED this 10th day of April. 2006.
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JEFFERSON COUNTY
~.lF j'fOMMISSIONERS
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~~Member
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Julie Matthes, CMC
Deputy Clerk of the Board
Page 3 of3
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Land Use Designations
June 2005
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In accordance with a Final Decision and Order issued by the Western
Washington Growth Management Hearings Board for Case No.
04.2-0022 on May 31) 2005 and received by Jefferson County on June 1,
2005, the invalidated urban land use designations for the Irondale and
Hadlock UGA were reverted back to the rural land use designations In
effect prior to adoption of Ordinance 10-0823-04 on August 23, 2004.
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ORIGINAL
TO:
Port Townsend & Jefferson County Leader
[Iegals@ptleader.com]
LEGAL NOTICE
Please publish one (2) times: Wednesday, August 23, 2006 and
Wednesday, August 30, 2006
in 7-point font
BILL:
Jefferson County Department of Community Development
621 Sheridan St
Port Townsend W A 98368
(Brent A. Butler; 360-379-4464) Account No.: 02100073-000
DATE:
Tuesday, August 15, 2006
[Deadline: Monday 3:00 PM]
NOTICE OF PUBLC HEARING ON INTERIM ORDINANCE No. 05-0410-06
NOTICE IS HEREBY GIVEN that on Tuesday, September 5, 2006 at 10:45AM the Board of County
Commissioners (BoCC) for Jefferson County will hold a public hearing on Interim Ordinance No. 05-
0410-06, which was adopted on April 10, 2006. This ordinance rescinded Chapter 18.18 within Title 18
of the Jefferson County Code, fonnally re-establishing the previously existing rural designations and
standards for the planning area for the future Irondale and Hadlock Growth Area.
The purpose of the ordinance is to comply with the order of Invalidity issued by the Western Washington
Growth Management Hearings Board by removing any uncertainty surrounding the development
standards in force in the Port Hadlock Irondale area.
Interim Ordinance 05-041-06 adjudged the following:
1) Chapter 18.18 JCC rescinded; 2) Rural designations apply to the future UGA; 3) Rural standards apply
to UGA planning area; 4) Mini-storage not allowed in rural commercial areas within UGA planning area;
and, 5) No Protest Agreement Required.
Copies ofthe above-cited ordinance are available from the BoCC office at the Jefferson County
Courthouse, 1820 Jefferson Street, Port Townsend W A 98368, (360) 385-9100. A copy ofthe full text of
~iiiL-~OO'"~ "_
Phil Johnso ,Chair
Board of County Commissioners
Q~OCo
Date
JEFFERSON COUNTY
STATE OF WASHINGTON
Interim Ordinance Rescinding Chapter 18.18 }
Within Title 18 of the Iefferson }
County Code and Formally }
Re-establishing the Previously Existing }
Rural Designations and Standards for the }
Planning Area for the Future Irondale }
and Hadlock Urban Growth Area }
Ordinance No. 05-0410-06
WHEREAS, the County adopted urban designations and standards for the
Irondale and Hadlock Urban Growth Area ("UGA") through Ordinance No.1 0-
0823-04 on August 23, 2004, codifying urban standards in Title 18 of the
Iefferson County Code ("ICC") as Chapter 18.18 ICC; and
WHEREAS, the Western Washington Growth Management Hearings
Board ("Hearings Board'') has invalidated those urban designations and standards,
through its May 31, 2005 Final Decision and Order for Case No. 04-02-0022,
while capital facilities planning continues; and
WHEREAS, in response to the finding of invalidity, the County has
effectively reverted to the rural designations and standards for that area that were
in effect prior to the August 23,2004 adoption of urban designations and
standards; and
WHEREAS, the Hearings Board continues to express concern about the
ability for applicants to make development applications under urban standards in
Chapter 18.18 ICC, since that chapter remains part of the development code
despite being in a state of irivalidation; and
WHEREAS, the County desires to clarify by way of this ordinance to the
Hearings Board and the public precisely what land use designations and
regulations apply to the planning area for the Irondale and Hadlock UGA in this
interim period before the completion of capital facilities planning; and
WHEREAS, the County remains committed to completing the Irondale
and Hadlock UGA and gaining GMA compliance for that UGA; and
WHEREAS, the invalidated development regulations in Chapter 18.18
ICC contained provisions necessary for developing urban services; and
Ordinance No. 05-0410-06 re: Re-establishing Previously Existing Rural Designations and
Standards for the Planning Area for the Future IrondalelPort Hadlock UGA
WHEREAS, the invalidated development regulations in Chapter 18.18
JCC regulated uses incompatible with urban environments; and
WHEREAS, allowing development inside the UGA that will not fund the
sewer system will preclude urban uses and intensities at those locations; and
WHEREAS, RCW 36.70A.390, a section of the Growth Management Act
(Chapter 36.70A RCW), authorizes a County to adopt interim controls and
thereafter to hold a public hearing on those controls within 60 days of enactment;
NOW THEREFORE BE IT ORDAINED by the Board of County
Commissioners as follows:
SECTION 1. Chapter 18.18 JCC rescinded.
The chapter of the development code that established urban standards for the
Irondale and Hadlock UGA, as initially adopted through Ordinance No. 10-0823-
04 and later re-adopted and amended through Ordinance No. 02-0126-06, a
chapter of the JCC that has been invalidated by the Hearings Board, be and hereby
is rescinded. The title for Chapter 18.18 JCC and JCC tables of contents will be
marked "RESERVED" for use when urban standards are re-established at a future
date.
SECTION 2. Rural designations apply to UGA planning area.
The rural designations for the planning area for the future lrondale and Hadlock
UGA that were in effect immediately prior to adoption of Ordinance No.1 0-0823-
04 are again in effect. These are delineated in Attachment A. This action confirms
a policy that has been effect since June 1,2005, in response to the May 31, 2005
invalidation by the Hearings Board of the urban designations and standards
adopted by the County on August 23, 2004.
SECTION 3. Rural standards apply to UGA planning area.
Title 18 JCC, otherwise known as the "Unified Development Code," contains rural
development standards applicable to the variety of rural land use designations in
Jefferson County. These rural development standards shall apply to the planning
area for the future lrondale and Hadlock UGA according to the rural designations
as described in SECTION 2 above, except as provided in SECTIONS 4 and 5
below.
SECTION 4. Mini-storage not allowed in rural commercial areas
within UGA planning area.
Mini-storage facilities shall not be allowed in the Port Hadlock Rural Village
Center ("RVC") and the rural commercial areas designated at the intersection of
Page 2 of3
Ordinance No. 05-0410-06 re: Re-establishing Previously Existing Rural Designations and
Standards for the Planning Area for the Future IrondaleIPort Hadlock UGA
Irondale Road and State Route ("SR") 19 and the intersection of Ness' Corner
Road and SR 19, in order to prevent land uses in those rural commercial areas
which are inconsistent with the goal of developing urban sewer service for the
future UGA. The use tables in Title 18 JCC shall be amended to show that
whereas they may be allowed in other similarly-designated rural commercial areas
in the county, mini-storage facilities are not allowed in the rural commercial areas
found within the planning area for the Irondale and Hadlock UGA.
SECTION 5. No Protest Agreement required.
A No Protest Agreement must be signed by or on behalf of the applicant for any
development permits within the planning area for the IrondaIe and Hadlock UGA.
(Refer the UGA planning area boundary mapped in Attachment A.) The No
Protest Agreement is an administrative ins1IUment that is created and managed by
the County Department of Community Development.
SECTION 6. Severability.
If any provision of this ordinance or its application to any person or circumstance
is held invalid, the remainder of the ordinance, or the application of the provision
to other persons or circumstances is not affected.
SECTION 7. Effective date.
This ordinance shall take effect immediately after passage.
APPROVED AND ADOPTED this 10th day of Avril. 2006.
~-..~--.
....-.......
~,<a~ ,~C
Julie Matthes, CMC .
Deputy Clerk of the Board
Page 3 of3
When recorded, please return to:
Jefferson County Department of
Community Development
Development Review Division
621 Sheridan Avenue
Port Townsend, W A 98368
RESTRICTIVE COVENANT
IrondalelHadlock Sanitary Sewer System No Protest Agreement
Grantor(s):
Grantee:
County of JEFFERSON. a Washinlrton mnnicipal corporation
Reference:
Assessor's Property Tax Parcel(s) No:
WHEREAS, the Grantor(s) are owners of the parcel(s) listed by owner and parcel identification
number above and said parcel(s) is/are located within the planning area boundary of the
IrondalelHadlock Urban Growth Area (UGA); and
WHEREAS, confirmation of sewer service and connection to sanitary sewer is a condition of
development or redevelopment of a commercial, industrial, or multi-family residential use
located in the sewer service area within the planning area boundary of the IrondalelHadlock
UGA;and
WHEREAS, any commercial, residential and/or public development and/or redevelopment at or
upon the parcels listed above may be permitted to hook up to and utilize on-site septic systems
subject to the terms and conditions of this Restrictive Covenant
NOW THEREFORE, the GRANTOR covenants and agrees that at any time a Local
Infrastructure Financing Tool (LIFT), including but not limited to a Local Improvement District
(LID), Utility Local Improvement District (DLID), or any other pro rata sharing of costs to
construct and extend public sewer to the parcel(s) listed above is formed and the(se) parcel(s) are
subject to a LIFT or within the service area of a LIFT, then the owners and successors in interest
as their interests as they may appear of the parcels hereby waive their right of protest to said
LIFT except as to the method of assessment and
lrondalelHadlock Sanitary Sewer System No Protest Agreement
Page lof2
NOW, THEREFORE, the GRANTOR covenants and agrees that development or
redevelopment at the parcels listed above shall connect to the sewer within one year of its
availability; and
GRANTOR and GRANTEE acknowledge and confirm that the terms and conditions of this
Restrictive Covenant "touch upon the land" and shall "run with the land" or any part thereof
described in this agreement for perpetuity.
DATED this _ day of
,2006.
PROPERTY OWNER(S):
STATE OF WASHINGTON)
ss.
COUNTY of JEFFERSON )
On this day personally appeared before me
to me known to the individual(s) described in and who executed the within and foregoing
instrument, and acknowledged that signed the same as free and voluntary act
and deed, for the use and purposes therein mentioned.
Given under my hand and official seal this
day of
.2006.
NOTARY PUBLIC in and for the State of Washington
residing at
My commission expires:
lrondaleIHadlock Sanitary Sewer System No Protest Agreement
Page 2 of2
Consent Agenda
10:00 AM
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONi::iS/-c
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CONSENT AGENDA REQUEST
~~ J \)
FROM:
DATE:
SUBJECT:
Board of County Commissioners
John Fischbach, County Administrator
Community Development
August 15, 2006
Hearing Notice re: Interim Ordinance No. 05-0410-06 Rescinding Chapter
18.18 Within Title 18 of the Jefferson County Code and Formally Re-
establishing the Previously Existing Rural Designations and Standards for
the Future lrondale Port Hadlock Urban Growth Area; Hearing Scheduled
for Tuesday, September 5, 2006 at 10:45 a.m. in the Commissioners
Chamber
TO:
STATEMENT OF ISSUE:
On May 31, 2005, the Western Washington Growth Management Hearings Board, hereinafter referred to
as 'Hearings Board,' invalidated the urban standards and designations adopted on August 23, 2004 for
the Port Hadlock Irondale Urban Growth Area, hereinafter referred to as FUGA, future Urban Growth
Area. This action caused the urban development standards and designations to revert back to the rural
standards and designations that were in force prior to August 23, 2004. Due to the continued concern
expressed by the Hearings Board that development would continue that was inconsistent with rural
standards and to allow for the future lifting of the order of Invalidity, the County passed Interim Ordinance
No. 05-0410-06, which includes the following key components:
a) Rescission of JCC 18.18 and Adoption of Rural Designations and Standards
b) A Prohibition on Mini-storage facilities within specific areas of the FUGA,
c) NO PROTEST AGREEMENT also described as a restrictive covenant requiring connections to
sewer within one year of its availability.
This Interim Ordinance, which is attached hereto and incorporated by reference, requires a public
hearing, which has not yet occurred. A public hearing was required to be held within 60 days ofthe
adoption date of April 10, 2006.
ANALYSIS/STRATEGIC GOALSIPROS and CONS:
Rural designations currently apply with full force and effect within the FUGA as a result of two substantive
acts:
1) The Hearings Board's order of Invalidity on May 31, 2005, and
2) Jefferson County's actions to put in force rural standards through Ordinance No. 05-0410-06 adopted
on April 10, 2006.
1
,. . .
Consent Agenda
10:00 AM
By failing to hold a hearing on this ordinance within the proscribed time, 6D-days, the county was not
compliant. Although there is no specific penalty codified in law or statute for this failure, it is anticipated
that the scheduling and noticing of this public hearing shows 'good faith' on the part of the County and will
allow the county to move ahead with general UGA-area planning.
FISCAL IMPACT/COST-BENEFIT ANALYSIS:
There are no anticipated fiscal impacts related to this proposal.
RECOMMENDATION:
Staff recommends scheduling the public hearing on Interim Ordinance No. 05-0410-06 for September 5,
2006 at 1 0:45AM.
REVIEWED BY:
~4.~~e 0
John Fis ach, County Administrator
Date
<is' I /1./ ()4,
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2