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Home My WebLink About06 0616 08 ~, CtB>. () (, 1/1/ OB "^, STATE OF WASHINGTON County of Jefferson 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. 06-0616-08 WHEREAS, the County adopted urban designations and standards for the lrondale and Hadlock Urban Growths 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 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 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 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 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; Page 1 of3 Ordinance No, o 6....0 616,..D8 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Jefferson County 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 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 in effect since June 1, 2005, in response to the May 31, 2005 invalidation by the Hearings Boards 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 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, except as allowed below. 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 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, by their nature, inconsistent with the goals of the future UGA that are to promote employment, affordable housing, retail choices, better water management, public health, and environmental protection that are made possible by developing urban sewer service. 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. Exception: Expansion of existing mini-storage facilities may be allowed if: 1. They are consistent with the requirements of JCC title 18 including table 3-1 found at JCC 18.15.040. 2. Mini storage infill may only be allowed on parcels that contain the existing mini storage. 3. Boundary line adjustments are not allowed to increase the size of the existing parcel to accommodate expansions of mini storage proposals. 4. This exception applies only to lands containing existing mini storage as they exist on the effective date of this interim control. 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 areas for the Irondale and Hadlock UGA. Page 2 of3 Ordinance No. 06-.0616-08 (Refer to 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. Findings of Fact. That the above-listed "Whereas" clauses are hereby deemed to be and are, for the purposes of this Ordinance, findings of fact by the County Commission. SECTION 7. 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 8. Effective date. This ordinance shall take effect immediately after passage. SECTION 9. Expiration date. This Ordinance shall expire six months after adoption, unless that date falls on a weekend or holiday, in which case the expiration date shall be the next business day. For example, if this Ordinance becomes effective on the 1 ih day of a particular month, then the expiration date shall be the 1 ih day of the sixth month after the effective date, unless the exception provided above applies. SECTION 10. Repeal of Earlier Ordinance Ordinance #09-1217-07 be and hereby is repealed, said repeal becoming effective as of the date this Ordinance becomes effective. APPRO~ED AND ADOPTED this &.-"ty of ~ ,2008 SEAL: ~ t,1)',." JEFFERSON COUNTY ., ,....c.. :.1' ", BOARD OF COUNTY COMMISSIONERS , .. ..~ .. t)." !' ( ~' ~.'. ".' (tit e /L 5 d /:J-hsv~) ~, : \ t , '!. ,) ! ! I) Phil J~Ohn on, C~hair. .' . \. .,/.. I, . ~~ ..~ .;,;;;J:,l Davi . u IV ,Mem er ,t . ATTEST: . . .' J~tin, Membet c;pul'l~/ CfllC ~{"'-- Uulie Matthes, CMC Deputy Clerk of the Board APPROVED ~S TO FORM: J) Cv,,-~l a V/\t~\/u.~. &) 1 ?~) U ~ David Alvarez, Deputy Prosecuting Attorney Page 3 of3 ..'''!..''U''.!.'! ~ _-< -_ .-<' \__ , , 1 (--', '\.")l'"-t~ \ '<../\ .... \ \0 I '. ~..\ J~ /-u r......,..... ',~'11,...~~ ho ./' \ ~ \ \ \<l. " 4I1A-- B ______... I, \ \ ...- '''j \ '..,~=, Ii ~.... \ 'r---"\" ';i1,i, , I !.- \O'A_ ~ ~ \ ~\ }~ ~ i I I '" /'<c:L___.!j' " "'\ I 1 1 "\\ --.. ~--~D 'r'f.l/ ~,.. t II. !JtJ'._Pl .H ~;" '~\...d ---1--' .~;::-: I i. z~ ~;~.~i "-PMt A. l? t' ! , ' i. $;. , I.JH''''~ ~pt:!. . JJJ...."l-.r~ !.5. .. c ..... <II: . ',! C _ $1'- I j. ~ _ oj.:: I \- ->; RR.l0, <' p Attachment A Land Use Designations June 2005 o' :Port 7Ownsend':Bay r- -I w~i St " . . ~ '.,.-' < ;:'EM8IaIlC$f <;. tt .....'Ii ; _ Urban Growth Area (UGA) Planning Boundary ".11-- ~ t l:"'-Sr P E e..,- $. In accordance....h.. Anal o.clsion and Orcs.r ISlued by the W.S1Wn Wuhlngl:on Growth ManagefMnt He.rlnga Board for Cue No. (14.2-0022 Of! "'y31. .2005 and reulved by Jeft'en.on COWJtyon JUM 1, 2005, the Inv.UGiWd urban land UN de..lgnatlona for h lrondil" and Hadlock UGA _re _1NteCt back to the rural land UN d..lgnaUo",In .rr.etpr1orto adoption otOrdinance 10.oaU-04on August 23, 2004. 1~~!!I 0' ~~ . lIOJ 12(10 1100 2_ - .:"""-,, . '_.5' e-".J' Co ;;;7' .'~ ,. w_ _~o.-~ --- ---,., for <;. PNYMSt t . . 1~ ""50 ~ -~_..._....- ...._----'" ---"..-..-" ~..__.-.. ...-...-"'.- fRR:5] T'~ \ .:l : .. I ~,~ ~if' ",,'. ..... RR.20 ~11 ~-~. RR.20 R ~ ""..... ~ :t' ! "- '... .~ .. ! ~ 1 -j . . f . " . .':1 CF-80 Consent Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA REQUEST TO: Board of County Commissioners Dennis Richards, County Administrator Al Scalf, Director, Department of Community Developme$ Joel Peterson, Assistant Planner, DCD FROM: DATE: June 16,2008 SUBJECT: Adoption of Interim Ordinance rescinding Chapter 18.18, urban development standards for Irondale/Port Hadlock Urban Growth Area, mini-storage prohibition in rural commercial areas within UGA and No Protest Agreement mandating future connection to established wastewater treatment system. STATEMENT OF ISSUE: The discussion of this agenda item occurred on June 9, 2008, A final decision was not made because of pending legal review per normal procedure. The Interim Ordinance rescinds Chapter 18.18, urban development standards for the IrondalelPort Hadlock Urban Growth Area (UGA), of the Jefferson County Code (JCe), applies rural designations and standards to the IrondalelPort Hadlock UGA planning area, prohibits mini-storage in rural commercial areas within the UGA planning area (with some exceptions) and requires a No Protest Agreement that mandates future connection to an established wastewater treatment system. This action confirms a policy that has been in effect since June 1,2005. ANALYSIS/STRATEGIC GOALS: The interim ordinance must be re-enacted every six months, The expiration of Ordinance #09-1217-07 occurs on June 17. FISCAL IMPACT: The Interim Ordinance benefits the future success of the UGA. RECOMMENDATION: Approve Interim Ordinance REVIEWED BY: ~...:..If2L~ Dennis Richards, County Administrator ~/{"2-/da { Date I