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09/26/22 03 PM: Deliberates Legal Lot Amendments, Approves Parks Hearing, Homeless Letter

Deliberates Legal Lot Amendments, Approves Parks Hearing, Homeless Letter

Board continued deliberations on Chapter 1812 legal lot determination process, approved public hearing notice for Parks Open Space and Trails Plan, and commitment letter for OCAP homeless project valued at $1.65M.

Legal Lot of Record Determination Process (Chapter 1812)

Metadata

  • Time Range: 00:00:00–01:17:30 (PART 1)
  • Categories: land use, permits, ordinances, planning, operations

Summary

The board continued deliberations on proposed amendments to Chapter 1812 to establish a transparent process for determining legal lot of record status, complying with RCW 17.2.010, state subdivision law, onsite sewage regulations (WAC 246-272A), GMA, Shoreline Management Act, and building/fire codes. Staff explained the process integrates legal lot determination with site development review to ensure consistency across departments (DCD, Environmental Health, Assessor), prevent ad hoc determinations, protect water quality, and avoid unnecessary property owner expenses before permitting. Board members raised concerns about added burdens, fees, complexity, and assumptions for post-1969 platted lots, compared to Clark County's simpler definition, and sought clarifications on benefits, exceptions, and integration with site review (Chapter 1840); no final decision was reached.

Key Discussion Points

  • Brett (Community Development Director): Proposed process makes determinations transparent via website, adds reasonable criteria, prevents development starts on non-buildable sites, complies with state laws.
  • Pinky (Environmental Health): Current ad hoc processes inconsistent; new process unifies departments, checks minimum land area for septic (per WAC 246-272A-0320(5)), protects shellfish areas and water quality.
  • Phil: Chapter 1812 fixes "dumbest definition" in code, unifies process county-wide, tied to state septic law referencing legal lots of record.
  • Brian: Standalone legal lot determination available for simple parcels (>2 acres, no constraints) at low fee; integrates into permitting for others, speeds process with guidance docs and building envelopes.
  • Commissioner Brotherton: Questions net benefit vs. imposition, prefers assumptions for post-1969 legally platted lots, concerns over fees ($100–$5,000), surveys; suggests folding into site review, references Clark County definition.
  • Other Commissioner (possibly Greg): Supports transparency but seeks language assuming legal status for clear cases (e.g., post-August 11, 1969 platted), scenarios for pre-1937/1937-1969 lots, GIS analysis.
  • Linda: Process allows phased development (legal lot first, then septic/building), identifies envelopes early, reduces delays from critical areas reviews.
  • Josh: Post-1969 illegal lots exist (e.g., carved-off sales); exceptions require septic compliance; 87.6% of RR 1-5 acre parcels <5 acres non-compliant.
  • Staff noted process creates development opportunities on substandard lots via reasonable economic use, unlike current restrictions.

Public Comments

No public comment on this topic.

Supporting Materials Referenced

Proposed legislation for Chapter 1812 referenced extensively, including process flow chart, definitions, exceptions (e.g., post-1969 platted lots complying with 1812), minimum land area policy (1997), reasonable economic use provisions. Clark County legal lot definition quoted: "A legal lot is a parcel of land that is consistent with the zoning and planning laws that were in place when it was originally created." Staff reports from prior meetings (e.g., December prior year) and AG opinions from other counties mentioned. Supporting materials (e.g., full proposed ordinance, fee schedule draft) were referenced but not provided for analysis.

Financials

Fees for legal lot determination discussed: standalone ~1-2 hours (~$200), or integrated into site review; varies by complexity (surveys, critical areas up to $5,000+ in owner costs). Fee schedule in development, targeted for next week. No county budget figures discussed.

Alternatives & Amendments

  • Integrate legal lot determination into site review (Chapter 1840) instead of standalone in 1812, especially for septic triggers (WAC 246-272A).
  • Assume legal lot status for post-August 11, 1969 legally platted lots or other thresholds (e.g., 1937), reducing process for ~75-87% of parcels.
  • Standalone for simple queries, fold into permitting; GIS for blanket assumptions considered but delayed.
  • No reasons provided for rejecting alternatives.

Outcome, Vote, and Next Steps

  • Decision: Deliberations continued; public hearing closed as of prior meeting; extend deliberations and written testimony to next Monday (October 3, 2022 regular agenda).
  • Vote: No vote taken.
  • Next Steps:
  • Staff (Josh, Brian, others) to provide fee schedule, scenarios (e.g., pre-1937/1937-1969 lots, California/Keeps George subdivisions), GIS data on parcel compliance, draft language for assumptions/exceptions by next Monday.
  • Board (Commissioner Brotherton) to work with staff on refinements.
  • No action on moratorium lift until ordinance finalized.

Approval of Public Hearing Notice for Parks and Recreation Open Space and Trails Comprehensive Plan

Metadata

  • Time Range: 01:17:52–01:18:21 (PART 1)
  • Categories: planning

Summary

The board approved a public notice to reschedule the public hearing on the proposed Parks and Recreation Open Space and Trails Comprehensive Plan.

Key Discussion Points

  • Limited discussion; item addressed procedurally.

Public Comments

No public comment on this topic.

Supporting Materials Referenced

No supporting materials referenced.

Financials

No financial information discussed.

Alternatives & Amendments

No alternatives discussed.

Outcome, Vote, and Next Steps

  • Decision: "We'll move to approve the hearing notice to reschedule the post plan hearing."
  • Vote: Unanimous (ayes by all).
  • Next Steps: No next steps specified.

Approval of Commitment Letter for Olympic Community Action Programs (OCAP) Homeless Project

Metadata

  • Time Range: 01:18:21–01:23:34 (PART 1)
  • Categories: budgeting, services

Summary

The board approved a letter committing Jefferson County to provide contributions valued at $1,650,000 over 12 months (beginning February 1, 2022) to OCAP for HUD Continuum of Care funds match, including previously purchased land ($1,000,005 value), infrastructure costs (water, power, septic) for an open-air shelter with 40 spaces for tiny shelters/RVs/trailers for homeless individuals.

Key Discussion Points

  • Staff: Letter supports OCAP application; includes land purchase (end of September 2021), infrastructure; amend to clarify "will be made available for use" during period.
  • Board confirmed land purchase timing, match nature.

Public Comments

No public comment on this topic.

Supporting Materials Referenced

Draft letter referenced and amended on the fly. Supporting materials (e.g., full grant details) were referenced but not provided for analysis.

Financials

  • $1,650,000 county contribution: land purchase ($1,000,005, September 2021), infrastructure costs (water, power, septic).
  • Available for 12-month period beginning February 1, 2022; lease land/infrastructure to OCAP for 40 homeless spaces.

Alternatives & Amendments

  • Amend letter: Change "will be available" to "will be made available for use by OCAP"; confirm land purchase included despite prior timing.
  • No reasons provided for rejecting alternatives.

Outcome, Vote, and Next Steps

  • Decision: "I'll move to approve the letter as amended." "A second."
  • Vote: Unanimous (all in favor, "bye").
  • Next Steps: No next steps specified.

Background Materials

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