HomeMy WebLinkAboutM061101District No. 1 Commissioner: Dan Titterness
District ~Jo. 2 Commissioner: GLen Huntingford
District No. 3 Commissioner: Richard Wojt
County Administrator: Charles Saddler
Clerk of the Board: Lorna Delaney
MINUTES
Week of June 11,2001
The meeting was called to order by Chairman Glen Huntingford. Commissioners Dan
Tittemess and Richard Wojt were both present.
Approval of Minutes: Commissioner Wojt moved to approve the minutes of June 4, 2001 as
presented. Commissioner Titterness seconded the motion which carried by a unanimous vote.
COUNTY ADMINISTRA TOR BRIEFING SESSION: County Administrator Charles
Saddler reported:
· He will contact the Planning Commission members to explain that he referred the UDC amendments
to staff for a staff recommendation after the Planning Commission recommendation was received.
· Commissioner Wojt suggested that the Strategic Planning session be moved to Monday afternoons
instead of Tuesday or Wednesday. Charles Saddler advised that he would like to keep these sessions
on Tuesday or Wednesday because the BOCC meeting schedule will be changing on Monday
afternoons to accommodate UGA/UDC work. Chairman Huntingford advised that he has a conflict
with the Board of Natural Resources meetings once a month on Tuesdays. The Board agreed to do
these planning sessions on Tuesdav.
PUBLIC COMMENT PERIOD: The following comments were made: The City has asked
their Planning Commission to develop a plan, including the inventory of available buildable lots, that will
encourage in-fill in the Tier I in-fill area; the Hastings/Cape George neighborhood group that lost the Court
case against Lakeside Industries' asphalt batch plant is looking at other alternatives; this neighborhood
group has been working on the asphalt batch plant issue for 12 years and has spent $40,000 in the last 4
years and they feel they should be included in the current negotiations between the County and Lakeside; a
request that the Commissioners hold an evening meeting at the Fire Station at Cape George in the next few
weeks to allow these neighbors to ask their questions; used, broken up asphalt is being dumped at the
Lakeside site at Cape George and a request was made by the neighbors that the County put a stop work order
on this activity; if the County is concerned with the health and welfare of the citizens in the Cape George
area they would purchase asphalt from companies that are in compliance with all regulations; a member of
the Planning Commission read a statement saying that he feels there are contextual and process errors that
Page 1
Commissioners Meeting Minutes: Week of June 11, 2001
need to be addressed regarding the Glen Cove UGA; a citizen recommended that the Board accept the
recommendation of the Planning Commission on the UDC amendments for on-site septic systems; a
reference to "regional retail" in Glen Cove was erroneously placed in the City's Comprehensive Plan; the
County's proposal for a Glen Cove UGA would hurt the local economy in downtown Port Townsend and
the Tri Area; the County's proposal for Glen Cove is not legal under CMA; and the suggestion that the
designation of Glen Cove be done in increments, as needed.
APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Wojt
moved to delete Items 1 and 9 and to adopt and approve the balance of the items as submitted.
Commissioner Titterness seconded the motion which carried by a unanimous vote.
1. DELETE Rcs0hlti0n and 0rKanizati0nal Chart re: Creating a New Divisi0n f0r Nanlral Rcs0urce Managctnent within Hcalth and Hutton Services Dc?arttnent
2, RESOLUTION NO. 54-01 re: An Agreement with Washington State Department of Fish and Wildlife Regarding Acquisition of Chimacum Creek Beach Park
3. AGREEMENT and Findings, Conclusions and Decision re: Application for Cu~ent Use Assessment to Designate 5.07 Acres of Land as Timber Open Space, ~CUA00,00002; Located off
Highway 101 in Brinn0n; Dale and Wendy Webber, Applicant
4. AGREEMENT and Findings, Conclusions and Decision re: Application for Cu~ent Use Assessment to Designate 7.35 Acres of Land as Timber Open Space, ~CUA00,00003; Located on
Flaggler Road in $0rdland; George and Bessie King, Applicant
5, AGREEMENT re: On,Line Electronic Access to Washingt0n's Medicaid Database for Verification of Patients Eligibility Limitations; Jefferson County Health and Human Services;
MediFAX EDI, Inc.
6, AGREEMENT re: Kansas Integrated Public Health System Software License; Jefferson County Health and Human Services; Kansas Health Institute (KIPHS, Inc.)
7. AGREEMENTre:~r~fessi~na~~ea~th~fficerServices;Jeffers~nC~unty~ea~thand~umanServices; Thomas Locke, M.D., Clallam County
8. AGREEMENT re: Replacement of Floor Coverings at the Port Townsend Community Center,
Project ~PT1493; Jefferson County Public Works; McCrorie's Carpet One
9. DELETE Agreement re: Construct Fence for the H.J. Carroll Park Caretaker's/Maintenance Project #HJ 1486, Phase II; Jefferson
County Public Works; Viking Fence
10. Notice of Workshop Regarding the Selection of Transportation Equity Act for the 2 lS~ Century
(TEA-21), Surface Transportation Program (STP) Allocation for Projects in Jefferson County; Fiscal
Years 2002-2003; Scheduled for 2:00 p.m., Thursday, July 5, 2001, in the Commissioners' Chambers
Page 2
Commissioners Meeting Minutes: Week of June 11, 2001
COMMUNITY DEVELOPMENT
Glen Cove/Tri Area Special Study Decision Document: A1 Scalf reviewed the process to
date regarding the Decision Document for the Glen Cove/Tri Area Special Study. They are currently
beginning Tasks 5 and 6. He interjected that there is a possibility that when Task 6 is finalized the Board
could decide not to proceed with a UGA if the property owners in the area don't want to finance the LID
(Local Improvement District.)
Associate Planner Randy Kline explained that the Decision Document includes a narrative of the process
and Board's decisions to this point, line in/line out language for a Comprehensive Plan amendment that
would allow the County to designate UGAs, and the proposed UGA boundaries for both the Glen Cove
area and the Tri Area. He added that it is not necessary to make the boundary designations in order to
move forward with the Tri Area Plan. Formal adoption of the Decision Document would give the County
the authority to move forward with UGA designations where rural standards would apply until the sub-area
and capital facilities planning was done.
There are several UGA boundary options in the Glen Cove area and the Tri Area that have been proposed
during the process. Randy Kline suggested that an alternative is to downsize the boundaries and designate
"urban reserve" areas for future growth. He cautioned that designating final boundaries prior to finishing the
Special Study could create false expectations for property owners. Commissioner Titterness stressed that it
is important to make people aware that the boundaries in the Decision Document are "discussion
boundaries" only.
A1 Scalf stated that the Department's recommendation is for the Board to adopt by motion the Decision
Document with the PUGA boundary maps and direct staff to complete Tasks 5 and 6. A Comprehensive
Plan amendment allowing the County to designate UGAs would have to go through the public process
during the 2002 amendment cycle. Chairman Huntingford clarified the timeline, adding that the final
decision on the UGAs would be approved by December 2002.
Commissioner Wojt moved to adopt the Decision Document with the PUGA boundary maps, direct staff to
complete Tasks 5 and 6, that the line in/line out language be included in the 2002 Comprehensive Plan
amendment cycle beginning in May, 2002 and that the final decision on the UGAs be available for action
by the Board by the end of 2002. Commissioner Titterness seconded the motion which carried by a
unanimous vote.
A1 Scalf clarified that Section 4, pages 15 through 22 of the Decision Document, entitled Planning
Amendments, is not included in the motion by the Board. He added that this section will be the draft goals
and policies for public review during the Comprehensive Plan Amendment process in 2002.
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Commissioners Meeting Minutes: Week of June 11, 2001
John Watts, City of Port Townsend Attorney, read a letter from Mayor Geoff Masci and City Manager
David Timmons regarding the proposed UGA designation of Glen Cove. (See attached document.) John
Lockwood asked that his letter be added to the record also. (See attached document.)
Planning Commission Recommendation re: Unified Development Code (UDC)
Amendments Related to On-Site Septic Systems: A1 Scalf reported that DCD agreed to bring forward the
Planning Commission recommendation on these amendments. He explained that the Planning Commission
members are concerned about a communication problem over the staff recommendation because it includes
the Vested Rights Doctrine and septic permits are not listed in this document.
Randy Kline reported that, throughout their deliberations, the Planning Commission took the time to
educate themselves on this issue by soliciting comments and information from septic designers, installers,
real estate agents, and bankers. They found that lenders grant loans on undeveloped land with a soils
analysis test and a septic permit is not required. The only reason a stand alone septic permit would be
necessary is if a property owner wanted to develop the property incrementally over a period of time.
Currently a building permit is required before a property owner can get a septic permit. In order to deal with
this issue, the Board and staff developed a line in/line out document and forwarded it to the Planning
Commission for review. This document proposes that a SPAAD (Site Plan Approval Advance
Determination) can be submitted to DCD instead of a building permit application. The SPAAD sites the
septic system, drainfield, reserve drainfield, well, all structures including the house, and the easements on
the property. The Planning Commission's recommendation is vesting for 5 years. A SPAAD gives property
owners assurances that go beyond what they would get with a septic permit alone and eliminates the
misconception that a septic permit is enough to vest a project.
Chairman Huntingford stated that he has concerns about the County approving a SPAAD and having the
regulations change or having the approval based on false information. He asked how the County would
handle a situation where a property owner didn't have a survey, the SPAAD was approved, and then when
the property owner started to build, they found they were over the property line? Deputy Prosecuting
Attorney David Alvarez replied that there is case law that protects the County to some extent if they
negligently permit a project. Randy Kline added that the SPAAD application states clearly that approval of
the SPAAD vests a project under Jefferson County regulations only, but not under State or Federal
regulations.
Chairman Huntingford pointed out that he prefers the Planning Commission's recommendation of vesting
for 5 years but he would like to see it increased to ten years. He also suggested creating a policy regarding
septic systems already in the ground that met the code when they were installed and passed inspection. He
doesn't think they should require updating at the time of house construction.
Page 4
Commissioners Meeting Minutes: Week of June 11, 2001
Commissioner Titterness moved to approve the Planning Commission's recommendation, with vesting for 5
years, as drafted and that the changes be incorporated in a UDC amendment. Chairman Huntingford
seconded the motion for discussion. Commissioner Wojt stated that he still has concerns about not tying a
septic permit to a building permit.
Michelle Sandoval, Planning Commission Member, stated that alternatives to the SPAAD were not
discussed fully during the Planning Commission's deliberations.
Barbara Blowers, consultant, clarified that septic systems installed within the last 20 years that haven't been
used are required to upgrade to a more modern standard. She added that other counties have simpler
processes to deal with septic system permits.
Philip Flynn, Planning Commission Member, stated that the Planning Commission discussed the fact that a
SPAAD may not be necessary in every situation.
Chairman Huntingford called for a vote on the motion to accept the Planning Commission's
recommendation and incorporate the changes into a UDC amendment. Commissioner Titterness and
Chairman Huntingford moved to approve the motion. Commissioner Wojt voted against the motion. The
motion carried.
AGREEMENT re: Professional Biological Services; Salmonid Re~gia Identification
Study in Eastern Jefferson County; Jefferson County Health and Human Services; Watershed Ecology,
LLC: Commissioner Wojt moved to approve the agreement for biological services. Commissioner Titterness
seconded the motion which carried by a unanimous vote.
Discussion Regarding the Distressed County Facilities Fund: Deputy County
Administrator Gary Rowe distributed an information sheet that defines how these funds may be used. The
general intent of the law is to support economic growth in rural communities. This could include, for
example, stormwater improvements in the Tri Area. He added that as long as the project is for public
infrastructure, it is eligible. When implementing the use of these funds, the County is required to consult
with cities, towns and port districts located within the County.
The Board concurred that the economic development section of the County and City Comprehensive Plans
be utilized to define "public facilities." The information sheet also included examples of policies that other
counties have included. Gary Rowe asked the Board to prioritize the list. High priorities included:
job creation;
retention or expansion of businesses;
repayment of funds;
Page 5
Commissioners Meeting Minutes: Week of June 11, 2001
support for smaller communities;
revolving loans for junior taxing districts;
keeping administration simple;
relationship with WA-CERT projects
Gary Rowe said that he and Charles Saddler will begin to formulate a policy based on the Board's direction.
There was a discussion about the PUD's telecommunications project. Charles Saddler explained that it is his
understanding that the PUD would like the County's support to move ahead on the project. He doesn't feel
that they need cash immediately, but they would like to see the project be given priority for a portion of this
funding. It appears that they would like the infrastructure tax to be one of several funding sources.
The Board met in EXECUTIVE SESSION with the Prosecuting Attorney, the Director of
Community Development and the County Administrator from 2:30-3:30 p.m. regarding potential litigation.
MEETING ADJOURNED
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Loma Delaney, CMC
Clerk of the Board
Page 6
City of Port Townsend
Office of the Mayor
Waterman-Katz Building
181 Quincy Street. Suite 201. Port Townsend. WA 98368
(360) 379-5047 FAX (360) 385-4290
June 11, 2001
Jefferson County Board of County Commissioners
Glen Huntingford. Chair
Richard E. Wojt
Dan Titterness
PO Box 1220
Port Townsend. WA 98368
RE: Proposed UGA Designation of Glen Cove
Dear Board of County Commissioners:
We are writing to express the City of Port Townsend's concerns with the BOCC's proposed
adoption of an ordinance designating Glen Cove as a UGA. We understand this action could
occur as early as your June 11. 2001 meeting. We appreciate the County has done much work on
issues that could lead to a final UGA designation for Glen Cove and Tri-Area. We support the
work done and the direction the County is going. We support a Glen Cove UGA if consistent
with the City's comprehensive plan. However. we only received the Decision Document on
Friday, June 8. 2001. As such. we haven't had an opportunity to review it. We request the
opportunity to review it and provide meaningful comment to the County's proposed acti on.
The City has an extremely high interest in future land use and capital facilities planning for Glen
Cove. The City and the PUD, as you know. are in the process of exchanging service areas, with
the City becoming the water provider in Glen Cove. The City and County face significant urban
service issues in Glen Cove, and we should be prepared to discuss issues and negotiate interlocal
agreements on a wide variety of municipal revenue sharing, infrastructure, planning, and zoning
issues, as well as planning and capital facility studies.
We will submit further comment within 2 weeks. Thank you for your consideration to this letter.
Please call with any questions.
A NATIONAL MAIN STREET COMMUNITY
WASHINGTON'S HISTORIC VICTORIAN SEAPORT
Geoff Masci. City of Port Townsend Mavor
June 11. 2001. Page 2 of 2
Sincerely,
Geoff Masci
David Timmons
City manager
Copy:
City Council
G:Mayor{BOCC Glen Cove 060801 ltr}
Comment to BOCC
June 11, 2001
John Lockwood, People for a Liveable Community
During the public process that led to the passage of the City's comprehensive plan in 1996,
Port Townsend residents clearly stated that they did not want the high growth alternative which
depicted commercial growth sprawling down the highway.
Neither the City's Comp Plan nor the County's Comp Plan currently contains any adopted
policy regarding Glen Cove. To pass a UGA in Glen Cove the BOCC will have to show that
their action reflects the desires of both City and County residents.
The proposed Glen Cove UGA is not GMA compliant.
According to US Census 2000 data, Jefferson County has grown at an average rate of 2.7%i
over the past decade. Port Townsend grew at an average of only 1.9% over the decade. During
the last 3 years both Port Townsend and Jefferson County as a whole have grown at less the one
percent at year (see Washington State Office of Financial Management data below)fi All these
numbers are way below the 4% growth rate that the County is trying to base its attempt to
expand our Urban Growth Area boundaries on.
Neither the City nor the County has, as yet, any adopted policy regarding a Glen Cove UGA.
So far the County has only produced a study of the Glen Cove Special Study Area and passed a
resolution articulating their intension to create a large Glen Cove UGA. When the County passes
a Comprehensive Plan Amendment, it will be required to justify its actions based on the actual
OFM population statistics.
The estimated population that can be accommodated within our current City Limits is 30.000
people. Eighty percent of the platted, buildable land in Port Townsend is undeveloped. The
Growth Management Act will not allow Port Townsend to expand its city limits or its Urban
Growth Area while there is still plenty of available land inside its UGA.
The county has offered no explanation for why it is not proposing to change the City's current
UGA boundaries to include the unincorporated area of the PUGA. Instead the BOCC is
proposing a new UGA on the City's boarder that will compete with the commercial and
industrial zones inside the City? The proposed Glen Cove UGA is an obvious de facto extension
of the City's commercial district. It is not a self-supporting Urban Growth Area. It is the type of
rim development that will harm the City and produce no compensating tax revenue. The BOCC's
proposal is not only not legally defensible; it is also the worst of all the possible alternatives.
The BOCC has recently claimed that the Trottier number of employees-per-Light-Industrial-
acre may be too high. They point out that Glen Cove is currently characterized by a lower
density of industrial development and suggest that these lower densities should be used for
planning purposes. This is not a good idea. The Glen Cove employees per acre density is low
because Glen Cove is not yet fully developed. Glen Cove also contains a large amount of acreage
covered by mini storage which employees no one. Such extremely low density industrial sprawl
is not what citizens of Port Townsend want as the entrance to their town.
Port Townsend residents want to preserve the existing buffer between the City Limits
and the Glen Cove Industrial Park.
There is a big difference between rural residential and urban zoning. The undeveloped land at
the edge of town is currently zoned rural residential. The Growth Management Act will attempt
to protect this land from being developed so long as it remains outside an Urban Growth Area.
The opposite is true if the land is included inside an Urban Growth Area. The Growth
Management Act requires counties to direct development toward Urban Growth Areas and
attempts to protect rural areas.
Regardless of the type of commercial zoning the Glen Cove UGA is assigned, the new jobs
will likely cause population growth. The bulk of the population allocation for Glen Cove will be
assigned to Port Townsend.
The off site infrastructure costs to develop Glen Cove are estimated at over $100.000 per
business acre, by Jefferson County (see their Oct.2000 publication, "Jefferson County
Viewpoint"). These costs will be paid for by the taxpayer. The projected population increase will
require us to expand our City Hall. fire department, police department, EMT, and parks and
recreation areas. These costs, which are also paid for by the taxpayer, are not included in the
$100,000 computation.
The human cost of dealing with increased traffic, loss of open space, increased congestion,
and noise have also not been computed. Why should Port Townsend residents be overwhelmed
by a type of growth that the majority of its citizens have stated they do not want?
The development the BOCC is proposing in Glen Cove is exactly the type of rim development
rejected by the citizenry during Port Townsend's community visioning process. Big development
on the edge of town has killed the city centers of thousands of small towns all across America.
Port Townsend taxpayers are being asked to foot the bill for the destruction of their own
downtown.
Today, we ask you. members of the Board of County Commissioners, to represent the public
interest. This proposal is inconsistent with the results of the Jefferson 2000 survey, the PT 2020
process, the Planning Port Townsend survey, and the record of public comments to the BOCC.
In 1990 Washington State passed its landmark Growth Management Act. The act was the
States first major effort at controlling sprawl and the destruction of our rural lands by rampant
development. The Jefferson County Board of Commissioners refused to implement the Act and
commenced a long drawn-out battle with the State. The County would not succeed in passing its
GMA required comprehensive plan for eight long, conflict-ridden years.
The BOCC attempted to avoid the law's provision that required that future commercial
development not be sited in undeveloped areas of the county. In 1994, four years after the
passage of the GMA, the BOCC flaunted State law by zoning most of the undeveloped land in
the Glen Cove area commercial in a illegal effort to grandfather the land into the County's, as yet
unwritten, comprehensive plan.
The State threatened financial sanctions against the county if the BOCC failed to comply with
the law. In 1998 the county finally complied with state law. It rezoned the undeveloped land in
Glen Cove to rural residential and belatedly passed a Comprehensive Plan.
In 1999 less than one year later, while the ink was hardly dry on the document, the BOCC
was back with a proposed comprehensive plan amendment trying rezone the undeveloped land in
Glen Cove to back to commercial. Once again, political influence instead of public desire drove
the actions of the BOCC. This proposal is inconsistent with the results of the Jefferson 2000
survey, the PT 2020 process, the Planning Port Townsend survey, and the vast majority of public
testimony.
Once again you have produced more conflict than progress.
If you had promptly complied with State Law when the Growth Management Act was passed
in 1990. the pain. frustration, and financial consequences to affected property owners would have
been far less severe.
Your failure to successfully circumvent State law has left land speculators who counted on
your success angry. Other well-meaning people who bought land in Glen Cove between 1990
and 1998 are confused, disappointed and angry. The general public is disgusted and left
believing that government is incompetent and unable to serve the public good.
Two of you have publicly stated that "the less government the better". You believe in private
power, "opportunity" is the euphemism, and want to reduce public planning and control. In the
last few years we have lost most of our planning staff. We have a new county administrator, a
new county lawyer, and all but one of our long-range planning staff is new. We have lost
institutional memory and capacity.
I am pessimistic about the future.
I believe that as public officials you should be public servants. Several weeks ago in these
chambers, Guy Rudolph stated that in the years he has been listening to you talk about Glen
Cove he has only heard you talk about Glen Cove property owners and has never heard you
mention the interests of the general public.
John Lockwood
People for a Liveable Community
i
County
End
Yrl
Yrl 0
20406
25953
1/1/90
12/31/99
Result Using
INTRATE
0027176
The following table comes from ~t[p://www.ofin.wa.gov/poptrends/poptrendtoc.htm then click
Jefferson Co.
estimated
Pt. Townsend
estimated
1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000
20.406 21,600 22,500 23.500 24.300 25.100 25.700 26.300 26.500 26.600 26.800
5.5% 4.0% 4.3% 3.3% 3.2% 2.3% 2.3% 0.8% 0.4% 0.7%
7,001 7,230 7,530 7.740 7.940 8.165 8,275 8,330 8.345 8.400 8.450
3.2% 4.0% 2.7% 2.5% 2.8% 1.3% 0.7% 0.2% 0.7% 0.6%
Census
2000
25.953
8.334