We have a housing crisis. Our Board of County Commissioners declared an Affordable Housing Emergency three years ago. But we have seen no movement on addressing one of the primary causes of our affordable housing shortage: minimum lot size regulations.
Jefferson County’s latest Comprehensive Plan was adopted in December 2018. Under the current development code the minimum lot size for any subdivision is 5 acres. This can and should be changed in the yearly amendment process. Nothing really stands in the way except politics and a conflicting desire by some powerful interests to make Jefferson County an ever more exclusive reserve for wealthy retirees and second-home owners.
The Growth Management Act does not require a 5 acre minimum lot size.
In Thurston County v. W. Wash. Growth Mgmt. Hearings Bd., No. 80115-1, the State Supreme Court ruled that there is no 5 acre “bright line” standard under the GMA. As a result of that decision, the Western Washington Growth Management Board has stated:
“The GMA does not define what constitutes “rural densities”; rather, rural densities are “not characterized by urban growth” and are “consistent with rural character.” “Whether a particular density is rural in nature is a question of fact based on the specific circumstances of each case.” Nor does the GMA dictate a specific manner of achieving a variety of rural densities. “Local conditions may be considered and innovative zoning techniques employed to achieve a variety of rural densities.””
So what is the minimum lot size in rural lands? To answer this question you need to look at the Growth Management Act. The answer waiting there provides hope for affordable housing in Jefferson County.
Under RCW 36.70A.070(5)(b) the GMA states that: “The rural element shall provide for a variety of rural densities….”
RCW 36.70A.030(17) states that: “Rural development can consist of a variety of uses and residential densities….”
And RCW 36.70A.030(18) states that: “Rural services do not include storm or sanitary sewers….”
Lastly, RCW 36.70A.030(20) states that: “Urban governmental services” or “urban services” include those public services and public facilities at an intensity historically and typically provided in cities, specifically including storm and sanitary sewer systems…”
In other words, the difference between “rural” and “urban” is whether there is an available sewer or not.
Under WAC 246-272A-0320 Table X the minimum lot size depends on the type of soils and whether there is public water available. The minimum lot size ranges from 12,500 square feet to 2.5 acres. Requiring a 5 acre minimum lot size is not consistent with the GMA. The minimum lot size could be 12,500 square feet (0.2869 acres). Another section of the GMA states that the determining factor for minimum lot is the type of soils (suitability for septic) and the availability of public water.
It is clearly up to the county itself to decide whether it wants a range of rural residential densities.
I would propose that based on the requirements of septic design under WAC 246-272A-0320 Jefferson could have two more zoning densities, 2.5 acres and a performance based zoning determined by septic capability.
The category of Performance Based Zoning would allow subdivision of property, which is something that was done in the past in Jefferson County, back when we built a good deal of affordable housing.
Affordable housing requires density. It is simply not affordable to build on a 5 acre lot. It is entirely feasible to build affordable housing on a 12,500 to 20,000 square foot lot.
We have a solid, legal opportunity to challenge the Jefferson County Comprehensive Plan. By opening up our land use regulations we can make it possible to again build on small lots around the county. And with that positive change, there will hope for truly affordable housing in sufficient quantity to make a difference.
Democrats rule supreme and Jefferson County is paying the price for their almost two decades of monopoly power.
Just look at the city and county elected officials in every office. Only one is not a Democrat. All the various boards of the county and city are appointed by one party. No decision is made in Jefferson County that does not conform to the tenets of the Democratic Party.
What has been the effect of this domination? Answer: the problems we have now that we didn’t have when there was a viable two-party system in this county.
We lack good jobs more than ever. Our children have to leave to find employment. Don’t believe me? Ask your neighbors and friends with children who graduated from local high schools why their kids are gone.
Not only do we lack jobs, we also lack affordable housing more than ever before. There have been no apartment buildings built in a very long time. While we have over 300 subdivisions in Jefferson County none have been created in many years. Starter homes are in terribly short supply and their cost is skyrocketing.
The other side of the coin on housing affordability I’ve already mentioned: we don’t have jobs that make it possible for people to afford the housing that is here.
We do not have businesses moving to our area. When it is big news is that a commercial kitchen opened in Port Townsend so a couple food trucks have a place to prepare sandwiches you know there is a problem. Where is the news of a shoe store opening, or a clothing store or a manufacturing company that offers solid blue-collar wages?
There are many who say, “GOOD. We do not want all that. We’re here to get away from that world.” There is a certain amount of merit to that for a privileged few people who really do want to escape the world of young people with good jobs, roofs over their heads and who are building new families. These are the people with the money to buy their Nirvana. But, the result is that the value of property soars and the local people who need jobs and have families get squeezed to the point that they have to leave. So the entire county gets gentrified. This, in fact, has been a conscious policy goal of the elite Democrats in Port Townsend.
All of this has been written and talked about before. What has been ignored is the real reason it is happening. The answer is the people who run the Democratic Party.
Face it. We live in a dictatorship of a single party, kind of like those “Banana Republics” we hear about. One party, one rule. Do it our way or take the highway!
What we are lacking is an opposing view. Our nation was established to allow the view of even one person to be heard. It is quite important to have a forum for disparate views. But, it is just not hearing those voices that is important. We need the give and take that happens when one party does not control everything. Sometimes that give and take is messy. But, in the end it establishes a society that is much fairer and healthier.
One party rule does not work in the long run. The current one-party regime has lasted for over 15 years. When it collapses, which it will, there will be reverberations that could be avoided if the party in power had listened to the other side. One way for other voices to be heard is to simply appoint a wide range of politically and ideologically diverse people to the various boards that advise decision makers. Long term what would be much more fair and reasonable would be to establish a county charter so that county commission districts in the county elect their own representatives to reflect and serve their distinct interests. But, that might threaten the Democrats’ monopoly control and they will use their dominance to keep their grip on their monopoly power even though the county would benefit.
Many differences and many similarities exist between these cities. Let’s start with similarities.
Population, from the 2018 U.S. Census: Poulsbo 10,927 people. Sequim, 7,481 and Port Townsend, 9,704.
Retail sales for 2018: Poulsbo was $484,036,676; Sequim $395,878,966; and Port Townsend $287,029, 148.
Per capita retail sales are a different story.
Sequim has the highest per capita retail sales at $52,917. Poulsbo is next at $44,297. Port Townsend is the lowest at $29,578.
This shows that the reliance by Port Townsend on tourism has not proved to be a wise decision. It also shows that the exclusion of so-called “Big Box Stores” was not a good idea, either.
Of course, Poulsbo has a tourist district. The old downtown along Front Street is a nice place to be on a warm summer day. Sequim has the old downtown area along Washington Street. We all know about Water Street in Port Townsend.
Let’s consider those “Big Box” stores. Generally the term refers to retail stores with a floor area of 50,000 square feet or more. Port Townsend has one, Safeway. In fact, in all of Jefferson County there is only one big box store. If the goal were to have the least amount of big box stores, Jefferson County would likely rank #1 in the area.
Sequim has three: Walmart, Home Depot and Costco, and quite a few other large retail outlets.
Poulsbo has four “Big Box” stores: Walmart, Home Depot, Safeway and Central Market, and a whole host of other sizable retail establishment.
A more telling difference among the three cities is the attitude toward business. Port Townsend has gone to extreme lengths to stop businesses from locating here. In the Eighties. McDonald’s and Safeway were both opposed, but not successfully. Later opposition blocked RIte-Aid and Hollywood Video. Port Townsend has been very successful in opposing new business. Just look at the per capita retail sales above.
But, this opposition has come at a price. It has not just been retail businesses that have been blocked. Manufacturing and affordable housing are all in short supply.
Of course, there has been much talk about affordable housing of late.
But, talk is cheap. It is the mainstay of any politician. They can talk about things for a lifetime and still nothing happens. This is likely what will happen with affordable housing. There used to be a bunch of talk about retail sales leakage. But, that was also just talk. The talk never amounted to anything. Port Townsend and Jefferson County lack retail sales and will likely lack affordable housing for many decades to come.
As a result, the tax revenue available for Port Townsend is lower than Poulsbo and Sequim. Lower retail sales results in lower property tax, sales tax and B&O tax revenue.
Just ask yourself the following: How many of you drive to Port Townsend for your needs? Instead of shopping here, many from Jefferson County go to Sequim and Poulsbo. This is a significant retail leakage that does not have to be.
By having more options for retail here in Jefferson County we could retain the retail sales tax and employ people in addition to having more revenue from property taxes for the additional retail stores.
And if that happens maybe the attitude towards affordable housing would change also.
The choice is yours! Just do not think anything will change until the general attitude in our community changes.
Most everyone has heard that Jefferson County is interested in creating affordable housing and jobs. We have heard that over the past 15 years, at least. But housing costs continue to escalate and jobs are scarce.
Our children know this. They mostly have to move away to find a job and housing they can afford. So, why, after all the talk, do we not have affordable housing and jobs?
To understand this we must first understand that even in this day of virtual reality, data on the cloud and telecommuting most jobs are at a physical location. An actual place where work is done. Whether the job is manufacturing, retail sales or service industry, they all require a place to do the work. So, land and buildings are a requirement.
Housing also requires a physical location. No one as yet can live in a virtual apartment or house.
A piece of land is a requirement as is a building. But, first you need to have the “right” under zoning regulations to perform the particular business or construct housing on any particular piece of land.
We do not lack land in Jefferson County, but we do lack appropriately zoned land. As an example, should Tesla wish to build a manufacturing facility to manufacture one of their new green battery powered vehicles they would need to find an appropriately sized and zoned piece of property. Next they would have to propose the facility, buildings, etc. by applying for permits from the Jefferson County Department of Community Development.
They would need a good sized piece of industrial zoned land. We have the land. Rayonier (formerly Pope Resources) has large tracts of land. But, there is no large parcel of land in Jefferson County that is zoned for industrial activity. Under the Growth Management Act we could designate an area for a large manufacturer but the county never has done it.
Of course, some would say that Tesla, or any other industrial or manufacturing concern, would never locate here. Many excuses could be made–not enough people, not enough transportation. But most likely the fundamental reason is that there is not enough vision by our leadership.
Next, let’s look at affordable housing. There are over 300 subdivisions in Jefferson County. Subdivisions used to be done but no more. They used to be done by developers to lower the cost of a single family home. Rather than build one home on a 5 acre parcel the land it could be subdivided under State of Washington septic rules into as many as 17 building lots. The lots could then be sold to individuals so affordable single family homes could be built.
This is no longer being done as Jefferson County implemented a minimum 5 acre lot size, in some cases the minimum is 10 or even 20 acres. This has resulted in stopping many potential single family homes from being built. The existing building lots have escalated in value. Basically, the minimum lot size rule ended affordability in single family homes.
Then there are apartments. The problem with apartments is that due to tightened septic rules they have to be hooked-up to a sewer system. The City of Port Townsend is the only place where apartment buildings can be built in Jefferson County unless and until a sewer is provided in Port Hadlock.
So, affordable housing and jobs have been stymied by rules. Rules created by our elected officials. It might be a good time to reflect on this.
Going back as far as the 1970s there has been talk of building a sewer for the Port Hadlock area. The designation of Port Hadlock as an Urban Growth Area in 2002 meant that a sewer was required. It has been some time coming to fruition, but a sewer in Port Hadlock is closer than ever to a reality. Its cost has been the major issue.
Several years ago a small group of property owners approached Jefferson County about the delay in building the sewer. Originally the county wanted to build the sewer to serve the commercial areas along Rhody Drive, Nesses Corner Road, Chimacum Road and Irondale Road. In addition they were going to build a gravity collection system and a fixed treatment plant. The cost for that was over $40 million. Getting grant money was the major issue. To reduce initial cost the group proposed to scale back the project. Essentially the proposal was to cut the cost in half by excluding Rhody Drive at the beginning and instead of a gravity system using a pressure collection system and modular treatment units. After a financial review it was determined that this could be done for just over $23 million.
Where Will The Money Come From?
At this point an explanation of how a sewer is funded is in order. A while back Belfair was declared a UGA by Mason County, so they then needed to build a sewer system. Mason County funded the sewer but made some assumptions regarding the number of hook-ups that would happen. The hook-ups expected did not materialize due to the Great Recession. That system had severe funding issues. Recently, Clallam County built a sewer for the Carlsborg UGA. Clallam County was able to use the nearby Sequim treatment plant and only had to build the collection system. Clallam County had sufficient money available in their infrastructure fund to build the collection system. They will be reimbursed the cost through hook-ups to the system.
The reality is that Jefferson County does not have the funds to build a sewer for Port Hadlock outright. The County must obtain grant money and arrange to have only property owners, who benefit, to pay. Therefore, to ensure that the general taxpayers of Jefferson County do not have to pay for the Port Hadlock Sewer, Jefferson County is going to fund the sewer through hook-ups, property assessments, grants and 50% of the PIF money. A Local Improvement District (LID) will be formed to comprise the properties to be sewered. THe LID is primarily a funding mechanism. A LID is used to fund many improvements, such as sidewalks and other road improvements, water systems, sewer systems, and broadband improvements.
PIF stands for Public Infrastructure Funds. In Washington State the State refunds back to certain counties part of the sales tax collected in the county. These funds are dedicated to infrastructure Improvements. Jefferson County has dedicated 50% of that fund toward the Port Hadlock Sewer.
Many people get confused about who will pay for the Port Hadlock Sewer. As stated above, funding will come from grants, affected property owners and PIF money. The property owners in the LID are only the ones that benefit from the sewer. If you are not getting a sewer hook-up you will not be paying for the sewer. This includes properties in the Port Hadlock UGA but outside the boundaries of the LID.
Those properties that get hook-ups will pay for sewer through four different methods. First, to pay for the collection system each property is given a “Special Assessment.” This special assessment is an economic assessment of the increase in value gained by having the sewer vs. not. Jefferson County has determined that each property will pay for 50% of this increase in value. An option is made to pay this off over 20 years rather than all at once. Second, when a property is actually hooked-up to the sewer a hook-up fee is paid that funds the construction of the treatment plant itself. Third, since a pressurized system is going to be used, each property will pay for the tank and pump plus the pressure line to the road; this is called the side sewer. Fourth, each property will pay for the sewer operation through monthly charges based on water usage.
In April of 2020 the State granted $1.42M to Jefferson County to do a final design. The contract was awarded to Tetra Tech, a Seattle based engineering firm.
There has already been some survey work for the sewer final design that some of you may have noticed. Most of the work is done by engineers at a desk. Once the final design is done a much more exacting cost can be determined as to the true cost of the sewer. In addition the side sewer cost will now be known for each property.
At this point it will be determined if the property owners to be sewered wish to proceed. If they do, a LID will be formed. Should at least 40% (by area) of the property owners determine that they do not want a sewer they can petition the county to stop the LID process. If the petition is successful the LID and sewer can be put on hold for a year. After a year the county could then go through the LID process again.
The advantage of forming the LID is that it is a legally effective document. It states who can be assessed for the cost of the sewer. This prohibits the county from taxing all the county residents from being taxed to pay for the sewer under State law.
Why Do We Even Need A Sewer?
Some people ask the question “Why do we need a sewer? We have gotten by just fine without one up to now.” This is a very good question. The need for a sewer hinges on two issues, health and density. Using septic systems is a lower cost method of sewage disposal. The problem is when more density is desired. It then becomes necessary to build a sewer system.
Proper disposal of sewage is an important health issue. Proper sanitation including sewage disposal has eradicated many diseases that were previously common. Cholera, typhoid, dysentery are some of them. Nitrate contamination of drinking water causes “blue baby” syndrome. A clean environment and clean drinking water are two of the most significant hallmarks of a modern society.
A sewer is needed to enable affordable housing to be built. Affordable housing basically is a function of density. The most affordable type of construction is the apartment building. This high density is where the importance of a sewage system comes in. Other high density uses are schools, restaurants and large employers.
No new apartment buildings have been built for some time outside of Port Townsend. That is because we lack a sewer. The same goes for restaurants, grocery stores and large employers.
To improve our economy and housing a sewer system is a requirement. Once the sewer system is built we will be able to have more housing, jobs and a better tax base.
The initial Port Hadlock Sewer System will use property that has already been purchased by Jefferson County. The treatment system will be built south of Nesses Corner Road and north of Lopeman Road. The infiltration ponds will be built just south of Lopeman Road.
Because a pressurized collection system is to be utilized the road work can be minimized. A gravity system would have created a substantial amount of road work. A pressure system will use much smaller lines some of which can be installed by boring under the road rather than digging it up.
Building the sewer will benefit all of Jefferson County due to the increase in jobs and affordable housing and a more viable economy and tax base.
