HomeMy WebLinkAbout12 1215 08
c-c: 1)c0
~ ~ J i?-\ liDl05
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
Port Hadlock Urban Growth Area
}
}
}
}
}
}
12-1215-08
Ordinance No.
WHEREAS, the County adopted urban designations and standards for the
Irondale 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 I of3
Ordinance No. 1?~ 1 ?15~08
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 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 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 lrondale 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 possibie
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 Port Hadlock UGA.
Page 2 of3
Ordinance No. 17-1715-08
(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 twelve 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 17'h day of a particular month,
then the expiration date shall be the 17'h day of the twelfth month after the effective date,
unless the exception provided above applies.
SECTION 10. Repeal of Earlier Ordinance
Ordinance #06-0616-08 be and hereby is repealed, said repeal becoming effective as of
the date this Otdinance becomes effective.
~ :'
ATTES~ G(I!C
~tthes, CMC
Deputy Clerk of the Board
APPROVED AS TrY FORM
~ ()A~t (j(VA~'-1JYy
David Alvarez, Deputy 0
Prosecuting Attorney
J Z~ /0 J 200~
Page 3 00
-...<. "-'"
I
,
! "-,,
"'\v~"\
l<..l\ r " ':&
L.. ,\. "'''''''1" w,
......~ 'I' >,~\""\-~~ ~\
~. ~\,,~~";"'~.;
I ~ "a,.i_ti ~ ~'.;~.{ ~
I \...-..,
-Til ......", fl
RR4LJ I i ~
--r--."-" 1"-.r- ~ '~...i (
._~ IS ~ ~jO.1
........"'" v t '",
1 r- :~.lt"':,,":A
15 .( "," '""'... ".at
a J '~Q~ 1
~
RR.10
--- --<
'"
F
'"
r-
:!t
--.
-j
~
!
.-..
!~
.-..
~-PPR.
'-.
.'
.-..
! --
. ~ :::/'
-.. ...~..
1" ~
-" t
.
.
Attachment A
Land Use Designations
June 2005
I
(
~
'Purt 7'Q11I11send'1Jay
I
.......c
~.H,J Urban Growtl1 Area (UGA) Pianrung Boundary
1n~_"*".FI""'~.,,.ClrWriMwdby_"'"
~~~HeMnpa...:.fwC-Ho.
Ot-a-002:2 on"', .I" 2D6I... ~&ly'-- e-y_....,.
lOOl,IIhaIrlV~urNn_d _...tMI_.'<<"'~MIcl
Ha4I6c1l;UGA_---.t badl to'" ftdllMd_~.. itl
llIfKtp.wrtD.(S6pIIGn ot~ 10...%).04 OflAuc!lIlJI %S, 1Of)&.
__ <I ... ':311I .. :_
-
--
---
--
----
I,
.....
--
~_..-
------,.,
----..-
--.-..
..---..-
.,.
...
RR-20
:F~-f":'~ I ...
-~,-~
\le"--',
''-.r;
_h>.'._
I ,
. '
, RR-20 ...~_:\o!I.
<.
R ~ ..., .
j' 1
- ..
f! ...... ~
..
-# . l'
I .
. .
':I CF-80
Interim Control Work Plan Elements and Timeline
The interim control effective in the Irondale/Port Hadlock Urban Growth Area
reflects a policy that has been in effect since June 1, 2005, resulting from the
Western Washington Hearings Board (WWGMHB) Final Decision and Order on
May 31, 2005 in combined Case Nos. 03-2-0010, lrondale Community Action
Neighbors and Nancy Dorgan v. Jefferson County and 04-2-0022, lrondale
Community Action Neighbors v. Jefferson County.
Interim controls have been put into place nearly every six months since that time.
RCW 36.70A.390 states that a moratorium may be effective for up to one year if
a work plan is developed for related studies providing for such a longer period.
Studies related to Interim Control
The two remaining compliance issues are articulated in the WWGMHB's April 16,
2008 Order Finding Continuing noncompliance and granting additional time for
compliance are the Capital Facilities Plan and a Dwelling Unit and Population
Holding Capacity Analysis.
These two analyses are scheduled for consideration by the WWGMHB near the
time that a six-month interim control would expire.
This interim control recognizes the imminence of UGA compliance and outlines a
one-year period of duration under this official control (fig.1).
If there are any residual issues remaining for compliance, the Hearings Board
schedule in the Final Decision and Order will project a schedule for compliance
that would begin sometime in the Fall, with a final hearing near the end of the
year.
It would benefit the County to avoid repeating this interim ordinance again. We
have perfected the ordinance so that there are no anticipated needs to change
between this interim ordinance and another one in six months.
1
-
Figure 1
..
*
~
.
"
:z:
.
~
,
..
. co
"'hi
~ ~
a. ..
11'8
"..
i!. .
o I;;
.,
o:W
...1::::
o ..
38
~ ..
;r
.
o
~
~
o
,.
..
..
;
:
..
.i
a
.
"
..
.
. I::::
! ..
- ..
..,
. ..
. 0
. 0
" ..
..
;;
.
,.
..
..
;
.
!!.
t'
..
.
n
~ti
. ..
l~
;g
. ..
!!.
,.
~
~
..
~
S
g
..
,,- I
~ I
"
:'5~: I
ti
W
-1::-
N
S
2
:l'
.2-
i~
~I::::
i1. N
,'; 2
; ill
ik
-..
. ..
~,
o N
ng
....
.
"
"
.
n
o
3
.. W
=,
. W
~ I::::
. ..
li'8
. ..
e,
;;
fl .
3
..~
:; ..
.~
g ..
"'8
; ~
,
..
...ti
h;
'"
. ..
~ 8
,..
[~
3,
fll::
~';3
; 0
-Ii
c:
~
...
~
a;
.
.
..
;;
.
i"~
"!l W
~ I::::
.. N
"0
. 0
. ..
1ft
.
'!!.
.
..
~
;;
..
"
..
..
o
,.
3
O'C'D
.. =
0=
= C'D
~D)
CD =
III Q.
..
C:"
ti)~
~3
S'D)
i~
::':e
3 0
(')...
g ;:I:'
:::"
2.iij
0=
..
CLm
:rei'
~ 3
n C'D
CD =
..
III
9
Q
ij;:
,;11:',
I=I
,~
"
'~;
1;1""
,:;'
~i
'li
:..-:1
~
9
When recorded,' please return to:
Jefferson County Department of
Community Development
Development Review Division
621 Sheridan A venue
Port Townsend, W A 98368
RESTRICTIVE COVENANT
Irondale!Hadlock Sanitary Sewer System No Protest Agreement
Grantor(s):
Grantee:
County of JEFFERSON. a Washinl!ton municiDal corDoration
Reference:
Assessor's Property Tax Parcel(s) No:
DESCRIPTION OF REAL PROPERTY AFFECTED:
Lot( s)
B1ock(s)
Div.
of
. Township
, Range
WM.
Section
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
lrondalelHadlock 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 lrondale/Hadlock 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 (ULlD), 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
IrondalelHadlock Sanitary Sewer System No Protest Agreement
Page I of2
G:\PLANNING\GMA - County Planning - GeneraI\UGA Planning\2008 UGA\lnterim Ordinance--Mini-storage\lnterim Ordinance 06-
0616-08\NO PROTEST AGREEMENT 01-09-2008.doc
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
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:
lrondale/Hadlock Sanitary Sewer System No Protest Agreement
Page2 of2
G:\PLANNING\GMA - County Planning - General\UGA Planning\2008 UGA \Interim Ordinance--Mini-storage\lnterim Ordinance 06~
0616-08\NO PROTEST AGREEMENT Ol-09-2008.doc
I O~55 o--W\
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO:
Board of County Commissioners
Philip Morley, County Administrator \<h.-.
AI Scalf, Director, Department Ofcommlfni Developmentft/
Stacie Hoskins, Planning Manager, DCD
Joel Peterson, Associate Planner, DCD .,
December 9, 2008
FROM:
DATE:
SUBJECT:
Discussion and possible adoption of Interim Ordinance rescinding Chapter
18.18, urban development standards for the IrondalelPort Hadlock Urban
Growth Area, mini-storage prohibition in rnral commercial areas within UGA
and a No Protest Agreement mandating future connection to established
wastewater treatment system.
STATEMENT OF ISSUE:
Interim Ordinance No. 06-0616-08 was enacted on June 16, 2008 and remains in effect for six months.
The new ordinance under consideration today would put into effect the same interim standards as Interim
Ordinance No. 06-0616-08. These interim standards are: rescinding Chapter 18.18, urban development
standards for the IrondalelPort Hadlock Urban Growth Area (UGA), of the Jefferson County Code (JCC),
application of rural designations and standards to the lrondalelPort Hadlock UGA planning area, prohibition of
mini-storage in rural commercial areas within the UGA planning area (with some exceptions) and the
requirement for 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.
This ordinance establishes an interim control for 12 months in accordance with RCW 36. 70A.390. The work
plan is attached.
ANALYSIS/STRATEGIC GOALS:
The expiration of Interim Ordinance #06-0616-08 occurs on December 17.
FISCAL IMPACT:
The Interim Ordinance is an action in response to the May 3 l, 2005 Final Decision and Order (FDO) from
the Western Washington Hearings Board. Land use, transportation and capital facilities planning have
continued since that time to address issues outlined in that FDO. Implementing a l2-month interim control
will possibly reduce the burden on the County of one additional interim ordinance enactment process.
The interim ordinance benefits the future success of the UGA.
RECOMMENDATION:
Approve Interim Ordinance
REVIEWED BY:
/4c~g-
Date