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HomeMy WebLinkAbout121415_ca10Consent Agenda Commissioners Office JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Leslie Locke, Executive Assistant DATE: December 14, 2015 SUBJECT: AGREEMENT re: Installation and Initial Testing of Changing Message Sign; No dollar Amount; Jefferson County Administrator; Jefferson Transit Authority STATEMENT OF ISSUE: AGREEMENT re: Installation and Initial Testing of Changing Message Sign; No dollar Amount; Jefferson County Administrator; Jefferson Transit Authority Jefferson Transit is agreeing not to activate the changing message sign. The changing message sign can only be activated if the zoning changes. FISCAL IMPACT: n/a RECOMMENDATION: Approve AGREEMENT re: Installation and Initial Testing of Changing Message Sign; No dollar Amount; Jefferson County Administrator; Jefferson Transit Authority + ETCo • ilip My Admin' trator Date AGREEMENT By and Between JEFFERSON TRANSIT AUTHORITY And JEFFERSON COUNTY The governing bodies of Jefferson County, hereinafter "County," a political subdivision of the State of Washington and Jefferson Transit, hereinafter "Transit," a public transportation benefit district, do hereby jointly make the following findings and agree as follows: Findings 1. Transit applied for all necessary permits to build and utilize its headquarters facility located in unincorporated Jefferson County on Four Corners Road. The application included a sign, but said sign was not to include a changing message capability. 2. Transit is unable to close out its construction contract for that facility because a planned sign has not yet been installed. 3. Transit desires to close out its construction contract and release its contractor from the performance bond relating to the construction project 4. In accordance with County Code Section 18.30.150(6)(c) a changing message sign is not authorized at Transit's Four Corners location because the underlying land use map designation for Transit's headquarters location is Rural Residential 1 dwelling per 10 acres (RR 1:10) in accordance with the Growth Management Act and the County's Comprehensive Plan. 5. DCD determined that a change to County Code Section 18.30.150 was and is a necessary pre -condition to the lawful placement of a changing message sign on a parcel having an underlying zoning designation of RR 1:10. 6. Proposed amending text to Code Section 18.30.150 was drafted by DCD and submitted to the County's Planning Commission for consideration and a possible recommendation to the County Commission. 7. The Planning Commission concluded, without taking formal action, that DCD's proposed text would provide too many opportunities for changing message signs to be installed on parcels zoned Rural Residential and that the proliferation of such signs would cause harm to the rural character of the County. _ 8. Since the preservation of the County's rural character is a cornerstone of the County's Comprehensive Plan, the Planning Commission did not make a recommendation to the County Commission and instead requested that DCD staff rewrite the proposed amending text. 9. Revised amending text has been drafted by DCD with the assistance of counsel. 10. The revised text serves to minimize the opportunity for the proliferation of changing message signs upon parcels zoned Rural Residential. 11. But the revised amending text has to be reviewed by the Planning Commission at a future meeting and, if recommended by the Planning Commission, sent to the County Commissioners. 12. Because of the procedural requirements of the Planning Enabling Act and the GMA, any text the County Commissioners would consider for adoption into the County Code would have to be the subject of at least one public hearing, meaning the adoption process will take one or more months. 13. The process described immediately above does not provide Transit with a quick route to installation of the sign, closure of its construction project and release of the contractor's performance bond. 14. The County intends to proceed with eventual adoption of text to amend County Code Section 18.30.150 which would authorize a changing message sign at Transit's headquarters facility as quickly as the statutory procedural requirements will allow it. BASED UPON THEABOVE, and for good and valuable consideration bargained for and exchanged the County and Transit agree as follows: 1. The Findings listed above represent the mutual consideration bargained for and exchanged by the parties. 2. Transit is authorized to install the changing message sign. 3. Transit is authorized to test the changing message sign to insure that it is properly installed and will operate as intended 4. Other than testing to insure proper installation and capability, Transit is NOT authorized to utilize the changing message technology that is an attribute of the sign it will install at its headquarters until such time as County Code Section 18.30.150 is amended to reflect that location of such a sign at that parcel is a lawful use. APPROVED and signed this day of Attest: Carolyn Avery Deputy Clerk of the Board Approved as toForm: ?Z 9 David Alvarez Deputy Prosecuting Attorney 2015. JEFFERSON COUNTY BOARD OF COMMISSIONERS David Sullivan, Chairman Date JEFFERSON TRANSIT AUTHORITY Tammi Rubert, General Manager Date 2