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HomeMy WebLinkAboutM102797 JEFFERSON COUNTY BOARD OF COMMISSIONERS District No.1 Commissioner: District No.2 Commissioner: District No.3 Commissioner: ~:;,ON (' ",-(~- (;;, .........,f f,,-- ~""'J"': ,le ....\ loR, ~ ...., ..; ,e " OLy:v,PJC P:~NINSUL; THE HEARl' OF nit, Daniel Harpole, Member Glen Huntingford, Member Richard Wojt, Chairman Clerk of the Board: Director of Pu blic Services: Deputy Director of Public Services: Lorna L. Delaney Gary A. Rowe David Goldsmith MINUTES Week of October 27, 1997 The meeting was called to order by Chairman Richard W ojt. Commissioners Daniel Harpole and Glen Huntingford were both present. COMMISSIONERS BRIEFING SESSION Discussion re: Planning Commission District #1 Vacancy: Commissioner Harpole moved to continue the appointment of Heidi Hall in the position from District No. 1 and to notify Will Garris, the only applicant, that his application will be kept on file until there is a vacancy in District No. 1. Commissioner Huntingford seconded the motion which carried by a unanimous vote. Discussion re: Process of Activation of Noxious Weed Control Board: The Board reviewed a memo outlining the process for activating a County Noxious Weed Control Board. Commissioner Harpole suggested that the Conservation District be asked for assistance in setting the 5 district boundaries. The discussion then turned to the definition of "agriculture", since there is a requirement that 4 of the 5 Board members be primarily involved in agriculture. The estimated cost for Weed Board operations in the first year was also discussed. The Board concurred that they would like more information on these issues before a public hearing is set. Recommendation on Land Use Permit System Procedural Reform: Director of Public Services Gary Rowe reported that he has reviewed the work plan for the reform of the land use permit system as presented by Driscoll and Hunter. Gary Rowe recommends that Task 4 be given a lower Page 1 : VOl_ 2'1,,'-7(:r:- -' - -.' vt, - Commissioners Meeting Minutes: Week of October 27, 1997 priority right now and be made an optional item, since the County is going to be developing more codes within the next year. He recommends that Tasks 1 through 6 with the deletion of Task 4, be started as presented for a total estimated cost of $28,750.00. Commissioner Harpole asked if the costs associated with each task are reasonable? Gary Rowe reported that he reviewed the costs for these items and they are reasonable. Commissioner Harpole asked if the Risk Pool would help with financing this work? Gary Rowe reported that the Risk Pool will help with technical items, but not with funding. The training program will include procedural training for the Board, as well as Planning Department and Permit Center staff. Commissioner Harpole moved to request that the Director of Public Services work with the Prosecuting Attorney and Driscoll and Hunter to amend their contract to include work on Tasks 1,2, 3, 5, and 6. Commissioner Huntingford seconded the motion which carried by a unanimous vote. PUBLIC SERVICES BRIEFING SESSION: Gary Rowe handed out a spreadsheet with options for balancing the 1998 budget. This will be reviewed in more detail at the budget workshop scheduled tomorrow. He reported on a meeting he attended last week regarding the W ACERT process for grant applications. There is a January meeting of the W ACERT Board and he will be reviewing the project proposals from Jefferson County that could be added to the W ACERT list for possible funding in the future. PUBLIC COMMENT PERIOD: The following items were discussed: if the Planning Commission recommendation on the Comprehensive Plan will be presented as a supplement to the Comprehensive Plan or as a complete document; wolves should not be returned to Olympic National Park for their safety; and a request that the subdivision moratorium not be continued. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Harpole moved to delete item 5 and to approve the balance of the items as presented. Commissioner Huntingford seconded the motion which carried by a unanimous vote. 1. RESOLUTION NO. 115-97 re: Naming of Private Road E. Toandos Lane; Located in Qui1cene off of Coyle Road; Joseph and Cynthia Lesh, Petitioners 2. RESOLUTION NO. 116-97 re: Naming of Private Road E. Toandos Road; Located in Qui1cene off of Coyle Road; Joy and Mike McFadden, Petitioners 3. RESOLUTION NO. 117-97 re: Establishing a Jefferson County Records Access Policy 4. AGREEMENT, Supplemental #4 re: Amending Existing Contract for Basic Compensation; Larry Scott Memorial Park CR1069; Jefferson County Public Works; Nakano*Dennis 5. DELETE Contract re: Furnish Equipment and Labor for Old Gardiner Road Emergency Restoration, Project #X01285; Jefferson County Public Works; Primo Construction, Inc. Page 2 ~ VOL 23 ",~r, 797 Commissioners Meeting Minutes: Week of October 27, 1997 THE CONSENT AGENDA - Continued: 6. AGREEMENT, Intergovernmental, #EM997069 re: Reimbursement of Expenses for Implementing Enhanced 911; Jefferson County Sheriffs Office; Washington State Military Department, Emergency Management Division 7. Final Plat Approval, #LLA91-0008; Quilcene Heights; To Divide 41.85 Acres into 5 Residential Lots; Located Adjacent to McInnis Road, Quilcene; Padric Burke 8. Recommendation to Pay Two (2) Claims and Reject One (1) Claim: Pay: #C-21-97, $260.97; Damaged Windshield; Georgia Evans #C-22-97, $344.20; Damaged Windshield; Mark D. Vondervecht Reject: #C-23-97, $610.00; Wrongful Release of Personal Property; Mike Matthews 9. Food and Beverage Purchase Request for $20.00; Conducting Planning Interviews; Jefferson County Long Range Planning; John Holgate, Barry Berezowsky, Harriet Beale, Sylvia White 10. Reappoint Member Serving on Gardiner Community Center to Additional Term (Expires 10/28/00); Pat Nebel COUNTY DEPARTMENT BRlEFINGS/BUSINESS: COMMUNITY DEVELOPMENT Director's Update: Director of Community Development Al Scalf thanked the Board for allowing him to attend a Leadership training last Thursday and Friday. He reviewed the items being tracked on the Issue Manager program and Planning Manager John Holgate reviewed the status of the Comprehensive Plan process. Discussion re: Board Management Plan for Comp Plan: Al Scalf submitted a draft work plan for the Comprehensive Plan. He noted that the Port of Port Townsend has offered to pay $30,000 for a portion of the Glen Cove/Tri Area study. He asked if the Board wants to delay the adoption date for the Comprehensive Plan to allow this study to be completed? Chairman Wojt stated that he doesn't feel delaying the completion for the Comprehensive Plan is justified. Al Scalf asked how the Board would like to respond to the Port's request? Chairman W ojt suggested that the Risk Manager and the Prosecuting Attorney review the Port's offer. Commissioner Harpole reported that he feels if the Board decides to complete Tasks 1 through 6 of the proposed Glen Cove/Tri Area Study, that may require a delay in the March 9, 1998 completion date for the Comprehensive Plan. Completing Tasks 1 through 4, however, could be done without having to Page 3 : VOL 23 'H::7CQ -' ;r',' Y~7 - Commissioners Meeting Minutes: Week of October 27,1997 change the Comprehensive Plan adoption date. The Board will be discussing the possibility of doing the first 4 tasks of this study tomorrow morning during the budget workshop. John Holgate reported that the Port's letter isn't raising any new issues. These issues have been raised by the Port for many months. He reported that the Comprehensive Plan is being written with the Tri Area as a Rural Center as allowed by SB6094. He doesn't feel that an appeal of the Comprehensive Plan based on the lack of a UGA designation for the Tri Area can be successful because the County has the data to support a Rural Center designation. Commissioner Huntingford noted that he isn't concerned about the Port joining in and funding some of the study because the City has made the same offer. The Port's letter pointed out the reality of the budget issues which include the extra staff hired to do this work being kept on for an extra year or year and a half to amend the Comprehensive Plan the year after it's adopted. Commissioner Harpole stated that when the Board made the decision to put off the Tri Area/Glen Cove Study, there were 5 issues of concern that they asked the Comp Plan Team to review. The Comp Plan Team reviewed these issues and asked the Prosecuting Attorney's Office for advice on the legal aspects. The Prosecutor's Office sent back a memo saying that they questioned the inventory and analysis that was done. The request on the legality of the issues was again sent to the Prosecutor. To date, the Board has not received a reply. Deputy Prosecutor Paul McIlrath reported that the laws continually change and that requires continual evaluation of our process. The Prosecuting Attorney's Office is waiting to review these issues with the Planning Department staff. Commissioner Harpole stated that he sees this as two separate studies: 1) the inventory and analysis that has been done by the Planning Department which is the backbone of the draft Comprehensive Plan, and 2) a proposed study to look at the commercial land use applications, inventories and analysis of the Glen Cove/Tri Area if it was to be designated a UGA. Al Scalf then reviewed the draft work plan for the Comprehensive Plan. PUBLIC WORKS Director's Update: Public Works Director Klara Fabry reported: o The Department is focused on defining possible problems and ways to prevent flood damage this winter. There is an LIT meeting in Quilcene tomorrow. o There is a meeting of the Statewide task force on fish barrier removal tomorrow. More information about possible grant funding for this work should be available at the meeting. o The Public Works Department will be preparing several grant proposals (Quilcene Well, Tri Area/Glen Cove Study, Groundwater Management Plan development, the Larry Scott Memorial Trail and the H.J. Carroll Park) for funding available through Federal sources. o There is a Flood Board meeting in Quilcene this evening. Possible funding options (taxation and a service charge) will be discussed. Page 4 VOL 23 ',~:.' 799 Commissioners Meeting Minutes: Week of October 27, 1997 The Board met in Executive Session from 11:45-12:05 p.m. with the Deputy Director of Public Services and the Public Works Director regarding a personnel matter. Klara Fabry and Frank Hall re: Moderate Risk Waste Facility: Frank Hall, Public Works Department, eXplained that the 3 year inter-local agreement with the Port of Port Townsend for the Moderate Risk Waste Facility expires at the end of the month. This discussion is to review the newly drafted inter-local agreement for the facility which is located on Port property. The new inter- local agreement has been reviewed by the Prosecuting Attorney and the Port of Port Townsend. A land lease agreement for the property has also been prepared, as well as a purchase and sales agreement. The new agreement with the Port will cost the County approximately $73,793.00 to take over the ownership of the Moderate Risk Waste Facility. A separate land lease document is required for the lease of the property where the facility is located. Chairman Wojt asked what fund the $73,793.00 is coming from? Klara Fabry reported that this amount is included in the 1997 Solid Waste budget. She added that the amount of moderate risk wastes handled by the facility does not justify the need for a second facility in the County. Commissioner Harpole noted that the Board did not receive any information in their packets on this agenda item. He understands that the inter-local agreement for this facility is due to expire. He asked if it is staffs recommendation that the County continue the relationship with the Port? Public Works Director Klara Fabry stated that they recommend the County purchase the building to pay the Port back for their investment. Commissioner Harpole asked how much it will cost the County to lease the property where the building is located? Klara Fabry explained that the lease amount is based on the number of hours the facility is kept open. Commissioner Harpole asked if the County must keep this facility open for a certain number of years? Klara Fabry said that the agreement states that if this service to the public is not provided for more than 2 years, then the building must be removed from that property. Lisa Dean, Moderate Risk Waste Coordinator, reported that there have been discussions about a regional moderate risk waste facility, using the Jefferson County site, because Clallam County doesn't have a facility or the funding to build one. Chairman Wojt asked about enclosing the facility? Klara Fabry explained that this is not part of the discussion today because that will be an issue no matter where the facility is located. Lloyd Cahoon, Port of Port Townsend, reported that the Port approves of these agreements. He noted that the old inter-local agreement defined that the Port would be reimbursed for the construction costs of the facility. Klara Fabry explained that when these agreements are finalized they will be put on the Consent Agenda for approval. The discussion continued regarding possible future relocation of the facility and the ability to continue to provide this service to the public. Page 5 ,VOL 23 ;'~800 Commissioners Meeting Minutes: Week of October 27, 1997 Discussion re: Proposed Resolution for Septic Exemptions: Al Scalf reviewed the draft resolution dealing with septic system exemptions. The scenarios for possible density exemptions are as follows: Scenario #1: Scenario #2: Scenario #3: Scenario #4: Scenario #5: Scenario #6: Scenario #7: Scenario #8: Scenario #9: Scenario #10: Scenario #11: Scenario #12: 2 houses (built prior to the adoption of the UBC) on a lot with 2 existing septic systems. (Approved by Board previously, but not allowed under the draft resolution.) 2 existing houses (built after the UBC) and 2 septic system permits. (Yes previously and yes in the draft resolution) 1 house with installed septic and a second approved septic system installed. (Approved by Board previously, but not allowed under the draft resolution) 1 existing house with septic system and one existing mobile home with septic with no building permits or septic permits. (No previously, and no under the draft resolution.) Temporary trailer for construction and installed, permitted septic system. (No previously and no under the draft resolution.) Undeveloped land, with two permitted septic systems, which have not been installed. (Approved by Board previously, but not allowed under the draft resolution.) 1 existing permitted house with permitted septic system and a permitted caretakers house with permitted septic system. (Yes previously and yes in the draft resolution) 1 existing house and a "temporary hardship" which has been approved by the Board. (Approved by Board previously, but not allowed under the draft resolution.) 1 existing permitted house with an approved septic and a permitted garage with an approved septic. (Approved by Board previously, but not allowed under the draft resolution.) Existing permitted house with an approved septic and a permitted septic, power and well. (Approved by Board previously, but not allowed under the draft resolution.) 2 or more permitted water taps and no structures. (No previously, and no under the draft resolution.) Water taps, drilled wells and surveys on property. (No previously, and no under the draft resolution.) Commissioner Huntingford asked why the UBC is used as a basis for any of these scenarios? He stated that if the house was built before the UBC it was built under the applicable codes at the time. Commissioner Harpole questioned how a "caretaker's" house is different than an ADD. Commissioner Huntingford asked if an Accessory Dwelling Unit (ADU) was approved by the County, would this apply? Page 6 ')3 . 1(,801 t...' /' \ VOL Commissioners Meeting Minutes: Week of October 27, 1997 Commissioner Harpole noted that there are probably a few situations that would fall under Scenario #7 because they were built prior to the ADU regulations. Barry Berezowsky stated one consideration would be if the property owner built the "caretaker's" house with the thought that the property would be subdivided later. Commissioner Huntingford suggested that the wording in 1.1 of the draft resolution be changed to say". . . of which ALL (strike the word both) structures have an individual and legally permitted septic system. . ." Commissioner Harpole asked why there is a differentiation between stick built and manufactured home? Barry Berezowsky stated that there was concern about having the wording cover both mobile homes and manufactured homes. Commissioner Huntingford suggested that the wording be changed to "permitted residential unit". Michelle Grewell reported that there is a hardship which allows a mobile home to be placed on a parcel of property to take care of a sick parent. The mobile home has to be removed when the parent passes away. The discussion continued regarding ADU's and how they are permitted. Al Scalf reported that this resolution is not allowing an exemption or variance, it is dealing with non- conforming land uses. Barry Berezowsky pointed out that a septic permit is a subordinate permit to a building permit and does not vest the property owner with any right to subdivide their property. Commissioner Huntingford stated that he disagrees, and if someone has invested in their property by installing a permitted septic system, the action does vest the property owner with some rights. The discussion continued regarding what other Counties have done on this issue. Commissioner Huntingford noted that he agrees that a subdivision should not be allowed for scenario #6. He feels if scenarios #1, #2 and #7 are allowed, then scenario #3 should be also be allowed. Commissioner Harpole stated that he assumes minimum lot size for health standards still would apply and that may address scenario #3 in instances where there are several septic systems on a parcel of ground. Chairman Wojt stated that he felt this resolution was to deal with hardships to small property owners and not land developers. Barry Berezowsky submitted information on granting hardships and pointed out that the criteria for granting a hardship variance states that not taking action on a permit is self- inflicted, and is not a hardship upon which the County can grant a variance. Commissioner Harpole stated that he feels comfortable in supporting scenarios #1, #2 and #7. He also stated that he feels "legally permitted manufactured home" should be changed to residential structures over 800 square feet in size. He would like to see scenario #3 changed to only allow the exemption for one permitted residential structure plus one additional permitted septic system, allowed to subdivide for one additional lot. He stated that he wants to limit the number of septics in the ground to one per parcel and the lots created would be required to meet the minimum lot size standards of the Health Department. Barry Berezowsky asked if there should be a sunset provision on this resolution? The Board concurred that there be no sunset provisions on this resolution since the County no longer allows two septic system permits on one parcel. Page 7 VOL 23,~~:~802 Commissioners Meeting Minutes: Week of 9ctober 27, 1997 Al Scalf summarized that scenarios #1, # 2, #3 (with some modification) and #7 will be included in this resolution. The Board agreed that the wording on manufactured homes be changed to say "residential structure." Barry Berezowsky asked if any requirements should be included about whether the units have been occupied in the past? The Board agreed that no wording be added about living in the unit, and that the staff look at the wording in Section 1.5. Michelle Grewell asked that Section 3 be changed to administrative approval rather than having the Hearing Examiner review the requests for density exemptions. This would be in keeping with the current short plat process. The Board agreed with her recommendation. A man asked if this resolution would apply if an application is currently in the processing pipeline? The Board stated that this change will not effect applications in the pipeline. Application for Assistance from the Veterans Relief Fund: Commissioner Huntingford moved to approve the application for assistance from the Veterans Relief Fund in the amount of $230.00 as recommended by the Jefferson County Service Officers Association. Commissioner Harpole seconded the motion which carried by a unanimous vote. The meeting was recessed at the conclusion of the scheduled business and reconvened on Tuesday morning. All three Board members were present for the budget workshop with Director of Public Services and a LIT Meeting at the Quilcene Community Center. AGREEMENT re: Employee Assistance Program; Green Springs Health Systems Commissioner Harpole moved to approve the agreement with Green Springs Health Systems to provide County employees with an Employee Assistance Program. Commissioner Huntingford seconded the motion which carried by a unanimous vote. The meeting was recessed at the end of the scheduled business and reconvened on Wednesday. All three Board members were present. Discussion re: Pre-1937 Lots: Al Scalf reported that last week the Board directed staff to send a letter to the Prosecuting Attorney asking if extinguishing pre-193 7 plats would be a regulatory taking. Staff was also asked to contact other jurisdictions and ask for their findings of fact if they have an ordinance that extinguishes plats or requires lot consolidation. Commissioner Harpole asked for working definitions of items such as "lot of record," "developed" and "undeveloped." Page 8 ~ VOL 23 ; ,~~.. 803 Commissioners Meeting Minutes: Week of October 27, 1997 Associate Planner Barry Berezossky reported that he has called several counties about lot consolidation. * Okanogan County (got an Attorney General's Opinion that pre-1937 plats should be vacated) has done nothing regarding pre-1937 plats. Clark County does not have a problem with pre-1937 plats. They do have language in their ordinances to deal with lot certification and consolidation. They have determined that only about 40 lots were not legally created lots. They do have criteria for establishing a "legal lot of record." Thurston County has no problem with pre-193 7 plats. They do have language in their ordinance dealing with lot certification and consolidation. Spokane County has looked at the Attorney General's Opinion but they are not dealing with it. Whatcom County does have a lot consolidation process which requires that lots meet current density requirements. They have had problems implementing this ordinance. Municipal Research Center did some research on whether other jurisdictions are vacating pre- 1937 plats, They found that some jurisdictions have lot consolidation processes, but they don't actually vacate pre-1937 plats. Snohomish County has a lot consolidation ordinance, but they aren't enforcing it. No jurisdictions vacate pre-1937 lots, as indicated by the Attorney General's opinion. * * * * * * * Chairman Wojt asked how big a problem this is, especially for lots that are in isolated areas? Jeff Chapman, Assessor's Office, asked for more specific criteria such as: are only undeveloped, recorded pre-I937 plats being considered? Are unrecorded plats being considered also? The Board agreed that a definition of "legally created" and "lot of record" need to be developed. The writing of these definitions can consolidate properties. Once the definitions are written, an ordinance can be written to indicate what can be done with those lots. The problem comes, not only with recognizing the lots, but if the lots are vested, and what can be done with those vested rights and if those rights can be moved to other property? Barry Berezowski reviewed three maps which included information on plats and if they are undeveloped. In addition, Jeff Chapman pointed out on the maps areas where there are pre-1937 plats that have been developed including: lrondale, along Discovery Road, and along Cape George Road outside the City limits of Port Townsend. He noted that most unrecorded plats have been built out, however, there are some in the West End that have not. Commissioner Harpole asked if creating definitions would be a good beginning? Jeff Chapman cautioned that direction is needed from the Board to even write the definitions. Chairman Wojt stated that his first concern is whether there is a problem in reference to the 13,000 excess lots. Commissioner Huntingford asked how this subject can be addressed to provide predictability to the public? Barry Berezowsky stated that it is clear that many areas in the County have more lots than are needed for their projected population. It is his opinion that no further subdivision below the minimum densities set in the IGSO should be allowed to continue in those areas. Chairman Wojt noted that his main Page 9 , VOI_ 23 . ,~~., 804 Commissioners Meeting Minutes: Week of October 27, 1997 concern is what the County is going to tell people they can do with the lots that already exist. Al Scalf pointed out that the question in GMA is: how is the County going to prevent rural sprawl? He recommended that development of these lots continue to be allowed, as long as the lots meet health requirements. Barry Berezowsky pointed out that the Subdivision Ordinance needs to be revised; and that may be a good starting point. This issue has been reviewed and there are tools in effect today that can be used to take care of the problem, if they are used consistently. He urged the Board to do something today to stop compounding the problems from the past. He feels that moving platted development rights to acreage through boundary line adjustments needs to be stopped. Jeff Chapman reported that a number of plats have been totally reconfigured by boundary line adjustments. Commissioner Harpole asked if the Subdivision Ordinance section that allows boundary line adjustments is where the definitions for "lots of record" and "legally created" can be added? Barry Berezowsky stated that would be the appropriate place to put these definitions, along with findings of fact. Commissioner Huntingford asked how many of the 15 counties contacted are doing anything with this issue? Barry Berezowsky stated that about half of the jurisdictions are dealing with this. Commissioner Huntingford then asked how much problem is created if a boundary line adjustment is used to create a larger lot? Jeff Chapman pointed out that in some of the undeveloped pre-I 937 plats a boundary line adjustment could be used to create a large number of lots that can be developed. Deputy Prosecuting Attorney Paul McIlrath explained that the Attorney General has agreed to review the issues of "lots of record" and "lot consolidation" in Jefferson County. He is not that concerned about the number of excess lots; because every County in the State has excess lots. There will be more legal opinions and decisions in the next few months because of several cases dealing with this issue that are being heard in other counties. He doesn't feel, however, that the County can totally ignore pre-1937 plats. The definition of exactly when a subdivision process is necessary to modify an existing subdivision needs to be clarified so that the processes the County already has in place can be used to review the change. Commissioner Harpole suggested that all of the issues brought up today could be addressed through a refinement of the Subdivision Ordinance. Al Scalf stated that the County has reviewed this issue and can show the record of what has been done toward addressing the pre-1937 plats. Commissioner Huntingford asked how many undeveloped plats there are? Barry Berezowsky stated there are 3 or 4 including the Nicholson Reserve, Queen Anne and Stuart Gardens. The Attorney General's opinion cautioned counties to be very careful in dealing with partially developed plats. Assessor Jack Westerman pointed out that the ownership patterns in these undeveloped plats needs to be considered also. He feels that something should be done about totally undeveloped pre-1937 plats in one ownership. Page 10 ~ VOL 23 ;.~r.805 Commissioners Meeting Minutes: Week of October 27, 1997 Commissioner Harpole again suggested that the Subdivision Ordinance can be amended to address the issues of definitions of a "legal lot of record", "developed", and "undeveloped", the issue about moving development rights and the issue of totally undeveloped pre-1937 plats. Jack Westerman pointed out that a property owner in one of these plats could apply for a building permit for that lot today and that would not be covered by the current moratorium because it only applies to subdivisions. Dave Clevenger, a local builder, explained that there aren't people coming here or currently living in Jefferson County that can afford to build on a lot that doesn't have all of the infrastructure developed because it would cost too much. The discussion continued regarding the responsibility for developing the infrastructure for the undeveloped plats; the topography of many of the areas that are platted not allowing development, and the need for community water systems for greater density. Commissioner Huntingford asked if the Board members are interested in lot consolidation over and above what is being required for health standards on pre-1937 plats? The discussion continued regarding what is considered a "buildable lot" and how new density requirements effect existing lots. Commissioner Huntingford asked again if the Board will support what is on the ground no matter what the density of the area will be in the Comprehensive Plan? Chairman Wojt asked Barry Berezowsky what direction he needs to proceed? Barry Berezowsky asked if the Board feels there is an issue with the pre-1937 lots that needs to be addressed in some way other than revisions to the Subdivision Ordinance? Commissioner Harpole stated that he feels the County needs to come to an agreement on a definition of "legal lot of record", "developed" or "undeveloped", moving development rights, and what to do with the undeveloped pre-1937 plats. He does not want to deal with pre-193 7 lots that have had some development occur. He does want to look at the undeveloped pre-I937 plats and look at ways to stop the problem from being exasperated. Commissioner Huntingford asked again if this is a big enough problem that the Board feels it needs to be dealt with? Commissioner Harpole stated that from the information presented he doesn't see a real problem, but he feels that until the definitions are developed there could be an issue of exasperating a problem in the future. Chairman W ojt recommended that the Planning Department develop some draft definitions for the Board to review and make a determination on. Commissioner Huntingford asked if the Board is comfortable with a definition similar to Clark County's definition that allows building on all existing lots with some exceptions? Chairman Wojt stated that he feels the Board's opinion has always been that they are going to support lots that were created in the past that meet health requirements. Barry Berezowsky recommended that the Subdivision Ordinance amendments be drafted as soon as possible to address these issues. Commissioner Huntingford asked that the draft ordinance include options for the Board to consider. Barry Berezowsky noted that this is a good time for the staff to draft amendments to the Subdivision Ordinance because the subdivision moratorium is in place. Page 11 [VOL 23 ',~~,80B Commissioners Meeting Minutes: Week of October 27, 1997 Chairman Wojt reiterated that the Board's direction is that the discussion be centered around proposed amendments to the Subdivision Ordinance that deal with legal lots of record and the other definitions that Commissioner Harpole listed above. MEETING ADJOURNED ---........... /"''''I.t' ~/ , "\.. _ '. 1'.1 '~,., SEAL / ,>:<1""..,', .' ~ ..., ..,',~ ,", ~ :', \ (/ :ii~, ' . ;. \. eo ~ .. ' , ~ - -, iI/('!t. : .. I ~.. "1.,#: . l... ! . 0 : tiJ.. ,,;, ", ,- . .. . .>::~,,;, ~ I · '. , ~ _, 1 .' I . , t""f.~ . .- .'~'''' ' ATTEST: ~CK11tL Lorna Delaney, CMC Clerk of the Board JEFFERSON-CeyNTY BOARD OF CO~ISSI?~'''_-~:/..,j) ".._'.. ,. ..,.--1).......... .~--;/. ~~zl ,~'~ Richard W ojtCh~rr~an t..-../C}/ I ~~ (~ _~///l Glen Huntm ord,~/ f1~ 14 ~arpole,~ Page 12 23 i,~G~807 ~ YOl