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Home My WebLink About11 1120 06 tC ~vcD 50 GI/t.J(; Pf~ , /' She f;~t JEFFERSON COUNTY STATE OF WASHINGTON A Matter 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. 11-1120-06 WHEREAS, the County adopted urban designations and standards for the Ironda1e 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 W estern 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 has remained part of the development code despite being in a state of invalidation; 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 lronda1e and Hadlock UGA in this interim period before the completion of capital facilities planning; and WHEREAS, the County remains committed to completing the Ironda1e 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 Interim Ordinance No.11-1120-~ 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 lronda1e and Hadlock UGA, as initially adopted through Ordinance No. 10-0823- 04 (also known as "Appendix D" of the Unified Development Code) 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 Ironda1e 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 JCC, otherwise known as the "Unified Development Code," contains rural development standards applicable to the variety of rura11and use designations in Jefferson County. These rural development standards shall apply to the planning area for the future Irondale 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"), the Ness' Corner General Crossroad, and the Ironda1e Corner General Crossroad in order to prevent land uses in those rural commercial areas 2 Interim Ordinance No. 11-1120-R!? Irondale/Port Hadlock UGA 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 Ironda1e 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 Ironda1e 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, Savings clause. Should any provision or portion of this ordinance be declared unlawful, not compliant with the GMA or invalid under the GMA, then it is the express intent of the County Commission that the earlier or prior version of the unlawful, non- compliant or invalid provision or portion of this ordinance shall be revived and shall resume and have full regulatory force and effect. .~ ....\ . -..r. ., .. :. SECTION 8. Effective date. This ordinance shall take effect immediately after passage. APPROVED this 20th day of November, 2006. JEFFERSON COUNTY BOA F COMMISSIONERS Approved as to form only: r I 11 J J't}(Jb Jefferson Co. Prosecutor's ffiee 3 0' ,.,1> -".'.....3.!,St_~L_-< --eL_< \_0 I I II /--" vi' 'yftt., \ l(-/)\ .'" \ 125 ( \ ...\ /", IL_~ \ ,::o"lt ......I.J{F " "",-- (,"'\.... I~ <1'\ \"..1 \ \ \~, I ...L..I~_l~~~!ta... Ix fj.\\o/'ol-eo \ '\ \ X-" 1.. 1 /1 ) to' '01--\ \ 2''!!4 \ I I ,. ~erJ:._L! ~\ P--;" -Z~-< I I I I ..~~ _~ -_ ~--~D f'i i I I i I 't James Pi .d I t ~__I__.J n]Wrs.,d ~? ~If €I, 'dl 1 View Av 1.!1 zp IVle Av Prospect Av :1 r:? ~ ~ ! ~... J111~~~ ~ 21 Hilton ~ ~Q$CQde E COJ:code Avl ~ >vo.c!iAv ~~.f"~ - - _=__:.l~ <( 5" ! G>- J --' ~ ~J~ I ,;;#iI'" . tl!.w ~ :t W Swaney ~ St ! Sf ~ ,(' .;; i -/ ; ~" "E~ ~ j~ Attachment A Land Use Designations June 2005 I I !.5 I. \~ I", \: I~ ~Rr10J Port 7Ownsend:Bay ....." ; _.. Urban Growth Area (UGA) Planning Boundary 'I." .... \:---. '" ~ ,.. ~ > ;'" 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. """ ". E PrIce St W Eugene St ~.;: J \LRd ~"",J!I=~ ...."" Il!!,~ Patison 5t 600 300 0 P'""'I 600 1.200 1,800 2.400 F..t EVergrec..f: Ln ? foster St ~ ~~c~ 'i;,(" ~ .. WPPROJECTJON l.Mrtos1Corfom1i1Coni1:~ Stat~ W86Ir"llflJflNonh RPS.f601. NNJ fS/83 ~ ~ ascu;_ JIIffWlCollllyOolslldtllleSflotlffl'Xl.lTl:y dthedata coota'ntdhenHnandrrek8liIII \<IeI7'artywlhl(lspedfoils~SliOf~ CStacaltilrl8diflflVs'"'llisjm~<<i~ I!wlfl/lthod8fldIa:!I1tCyofitScdllIC!ion ~17.2OCti Frayne 51 IRR~5} -FO"S~ \ ('." ....' '" -So;;"" &'\ ~;:;,.r<e - RR-20 .... I! 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