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MINUTES
WEEK OF JANUARY 16, 1996
The meeting was called to order by Chairman Richard Wojt. Commissioner Robert
Hinton was present. Commissioner Glen Huntingford was in Olympia on business.
PUBLIC COMMENT PERIOD: The following issues were discussed: A new check for
the Irondale Incorporation petition was presented by Guy Rudolph; the Quilcene Flood meeting was
brought up as an example of a well run, productive, meeting; the rules being made regarding water seem
to be governed by the City's requests for their specific water service area of the County; and the need for
more information regarding flooding before flood control plans are made for an area.
APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner
Hinton moved to approve and adopt the items on the consent agenda as submitted. Chainnan Wojt
seconded the motion which carried.
1.
HEARING NOTICE re: Ordinance Establishing a Drug Free Zone at Chimacum School and
Enhanced Penalties for Drug Related Violations Occurring Within the Drug Free Zone
HEARING NOTICE re: Proposed Ordinance Establishing a New Fee Schedule for the Jefferson
County Health and Human Services Department
Approval of Proposed Adjustments to Solid Waste Charges; Due to Electricity Outage on
December 4, 1995.
Request for Payment of Fourth Quarter Allocation, $1,545.00; Port Townsend Community
Center
AGREEMENT re: Phase I of Voice and Phone Implementation at Sheriff Department; NAN
Communications
AGREEMENT re: Conflict Counsel Public Defender for Superior, District and Juvenile Courts
for 1996; John Raymond
AGREEMENT, Intergovernmental Cooperation re: Litter Control Agreement for Jefferson
County, Clallam County, City of Forks and US Department of the Interior; To Pick Up Trash
ftom Highway and County Roads; State Department of Corrections
FOUR (4) CONTRACTS re: Emergency Road Repair/Bank Stabilization Services Through The
Jefferson County Public Works Department for:
./ Sort and Load Rock at Quarry for Delivery to Site; Reeves Excavating
./ Equipment and Operators to Deliver Rock to Site; Leavitt Trucking, Inc.
./ Equipment and Operators to Deliver Materials; Randy Parker Trucking
./ Equipment and Operators to Provide Rock in Quarry and Construct Haul Road at Site;
Olympic Drilling
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Commissioners Meeting Minutes: Week of January 16, 1996
THE CONSENT AGENDA - Continued
9. AGREEMENT re: Extend Contract for Personal Services as Jefferson County Hearing
Examiner; Irv Berteig
AGREEMENT re: Temporary Help Agreement for Bayshore Motel Manager; LaITy Lammers
AGREEMENT re: Vocational Rehabilitation Services Funding for Jefferson County Health and
Human Services to Support People with Developmental Disabilities to Enter Workforce; State
Department of Social and Health Services
AGREEMENT re: 1996 Domestic Violence and Sexual Assault Program; East Jefferson County
Domestic Violence and Sexual Assault Program
AGREEMENT re: 1996 Community Services Grant Funding; Continued Availability and Use of
the Brinnon Senior Center; Brinnon Senior Organization
Approve Application for Assistance fÌ'om the Veteran's Relief Fund; VFW 10706 for $325.00
Approval of Memorandum for Right of Way Acquisition, County Road Project No. CR1117,
West Egg & I Road Improvement
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15.
Application for Assistance from the Veterans Relief Fund: Commissioner Hinton
moved to approve the application for Veterans Relief submitted by VFW #3213 in the amount of
$250.00. Chairman Wojt seconded the motion which carried.
Support of Jefferson County Employees Participation in the Community Blood
Drive: Commissioner Hinton moved to approve RESOLUTION NO. 9-96 to encourage and support
employee participation in the community blood drive scheduled for January 24, 1996 at the American
Legion Hall. Chairman Wojt seconded the motion which carried.
BUSINESS FROM COUNTY DEPARTMENTS
The Board met in Executive Session with Deputy Prosecuting Attorney Paul McIlrath re:
Litigation.
SETTLEMENT AND RELEASE: Friends of Pula Ii Point v. Jefferson County. et al:
Commissioner Hinton moved to approve RESOLUTION NO. 10-96 authorizing the Prosecuting
Attorney to enter into a Settlement and Release Agreement in the Court of Appeals, Cause No. 18500-8-
II. Chairman Wojt seconded the motion which carried.
HEARING re: 1995 Budget Extensions/Appropriations Various County Depart-
ments: No one fÌ'om the public was present when Chairman Wojt opened the public hearing on the
requested 1995 budget appropriations/extensions. Hearing no comments for or against the requested
appropriations/extensions, the Chairman closed the hearing. After reviewing a memo fÌ'om Public Service
Director Gary Rowe about the amount of the Sheriff's Office appropriation, Commissioner Hinton moved
to approve RESOLUTION NO. l.1.:.2i ordering the budget appropriations/extensions as requested by
the various departments with an amendment to the Sheriff's Office request reducing the amount to
$25,000. Chairman Wojt seconded the motion which carried.
Commissioner Huntingford came into the meeting after the following hearing had started.
HEARING re: Emergency Moratorium Ordinance Being Adopted Pursuant to
Chapter 36.70.790 and Chapter 36.70A.390 Revised Code of Washington Ordinance No. 19-1121-
2.5..:. Chairman Wojt opened the public hearing on the emergency ordinance adopted on November 21,
1995.
David Halinen, Attorney, representing Bruce and Barbara Bailey owners of Chevy Chase property
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advised that they submitted a letter requesting a modification to Section 6.30 of the emergency ordinance.
Section 6.30 reads as follows:
~pplications for subdivision that have yet to receive preliminary plat approval shall
continue to be processed during the effective period of this ordinance, provided that such
applications shall not require the extension of urban services. Applications proposing
residential densities of greater than one (1) unit per five (5) acres shall not, however,
become eligible for a determination of preliminary plat approval until this ordinance is
repealed"
They are asking that the words beyond the word "provided" be entirely deleted fÌ"om the ordinance
because it conflicts with the State vested rights statute that relates to subdivision development. That
statute, RCW 58.17.033(1), says that the proposed subdivision ofland shall be considered under land use
control ordinances in effect on the land at the time a fully completed application for preliminary plat
approval of a subdivision has been submitted to the appropriate County official. He noted that Section
6.30 violates that statute by setting up two new requirements beyond those that were in effect on the land
on the date the applications were in. Section 6.30 applies only to what are considered "pipeline" projects
(applications that were already in the process on the date that this emergency ordinance was effective.)
The language in 6.30 purports to require something else of a subdivision developer. The first sentence
says that the subdivision application cannot require the extension of urban services. This was not a
requirement in effect for applications that came in prior to the adoption of this ordinance. The last
sentence also violates the vested rights statute because it impinges on certain classes of subdivisions
based on the density of the application. These are new requirements that were not in effect on the date
the applications were submitted. He then pointed out that RCW 58.17.140 says that preliminary plat
applications must be approved, disapproved or returned to the applicant for modification or correction
within 90 days ofthe date offiling. The last sentence of Section 6.30 of the emergency ordinance is in
conflict with this provision because it says that a certain class of subdivision won't be finally determined
until the ordinance is repealed. He requested that all ofthe wording starting at the word "provided" be
deleted fÌ"om Section 6.30, as soon as possible.
John Swallow pointed out that these were the very arguments that were given in the declaratory
judgment case hearing for Pope Resources. Pope was allowed to continue in the process. They've been
told to wait for the Pope hearing because that would govern what the County would do in regard to
vesting. They are still waiting to hear what the County will do with regard to vested subdivisions. They
are still sitting here wondering what's going to happen.
Jeny Linds~, Port Townsend, stated that he applied for a subdivision that he has been working on for
years. There are four septic systems on the property and the third well was just finished. The application
was submitted and they were told that the County would not give a pre-application hearing until
November 30, 1995. He was called on November 28, 1995 and told that this hearing was canceled. His
project is located on Cape George Road. It is a twenty acre piece to be divided into four lots. The septic
systems, wells, and surveying have all be done. He feels that they submitted an application and during the
legal time period they could not get the County to give them the review to allow them to move forward.
He also has two other subdivision applications ready to submit.
Carol Swallow wondered why this hearing is being held since this is an emergency ordinance that is
already in effect. She suspects that it is just to fulfill a legal requirement. She asked if they can get any
direction today? There are questions about what will happen with lots of record and contiguous lots.
Will another ordinance be adopted to deal with the densities when this emergency ordinance runs out?
Chairman Wojt stated that it is likely that a replacement ordinance to deal will density will supersede this
emergency ordinance. Some of the issues and problems being discussed today are questions that will
have to be looked at. Carol Swallow asked if this would be done with another emergency ordinance or if
the public would have input into the ordinance before it is put into effect? Chairman Wojt stated that the
way the time frame is going, it may be another emergency ordinance. One of the reasons for this public
hearing is to get input on the merits of the emergency ordinance that was adopted.
The discussion turned to what can and will be done with lots of record. Commissioner Hinton noted that
the purpose of this hearing is the statutory requirement that the County have a public hearing after an
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Commissioners Meeting Minutes: Week of January 16, 1996
emergency ordinance is adopted. He anticipates that an interim, emergency zoning ordinance will be
developed to address density issues until such time that the Comprehensive Plan is completed. There are
hearings going on in Olympia to look at proposed legislation which is attempting to redefine the authority
and legislative intent of the Hearings Boards.
Dave Cleven~er.. Jefferson County Home Builders Association, stated concern for the subdivision
applications that are currently filed with the County. Many of the people who have submitted these
applications can't afford, financially, to sit around and wait for these applications to go through the
County process. Some of these people can be financially wiped out by this process not taking place. He
asked how the County will address the financial impact to people by this emergency ordinance until it is
lifted? Is anything going to be done to give these people some relief? Will there be some direct
intervention by the Board? The issues of vesting rights and time schedules are not new and have been
brought up to the County before.
Commissioner Huntingford asked AI Scalf, Director of Community Development, for an update on what
is going on with applications that have been submitted and are subject to this emergency ordinance?
AI Scalf reported that Jerry Lindsay does not have an application submitted, he was scheduled for a pre-
application meeting on November 30. The applications were broken down into four (4) categories:
. Projects submitted under the Port Ludlow Interim Urban Growth Area Ordinance will proceed
because of the Declaratory Judgment.
Applications with lots sizes greater than five acres - 8 applications. These applications are being
processed per the provisions of the emergency ordinance.
Applications in an areas where there is a specific concern such as density, septic, water, or
commercial outside of an Urban Growth Area - 5 projects. These applications are on hold.
Applications for subdivisions with lots less than five acres in size, but greater than one to one - 16
applications. These applications are being reviewed by the Prosecuting Attorney.
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Commissioner Hinton asked if the Prosecuting Attorney gave any indication of how long his review will
take? AI Scalf reported that the Prosecuting Attorney was given more information on these applications
last week and is stilling reviewing them. The Planning Department will take the public comments today
and make a recommendation for amending the emergency ordinance to the Board next week.
Cy Heffernan asked if there would be any change made in the way existing lots of record are being
handled? AI Scalf answered that the language in the emergency ordinance is clear on existing lots of
record and that wording will stand as it is, unless the Board requests a change to that wording.
Commissioner Hinton added that the language in the emergency ordinance is clear that lots of record are
supported.
Dave Cleven~er asked what is being done for relief on the commercial issue? Glen Cove and the Airport
areas are commercial areas outside an Urban Growth Area. What will happen with proposed develop-
ment in those areas? Commissioner Huntingford stated that the County and the City have had some
negotiations regarding the Glen Cove area and whether it could be part of an extended UGA boundary.
The City has the water to supply that area. Commercial projects in the rural parts of the County will be
restricted to rural commercial projects that fit in the character of the area and meet the needs in the local
community where they are proposed.
Dave Clevenger then reported on recent requests to the Economic Development Councils in ClaIIam and
Jefferson County and how the Jefferson County EDC is impacted in their efforts to promote economic
development. Commissioner Huntingford stated that he hopes there will be an interim ordinance in place
to address density issues which will allow projects to go forward when the moratorium ends. In the next
few months the County should be into the process for adoption of the Comprehensive Plan and will
hopefully have guidelines for how development can occur in the County. Information will also have to be
developed on inftastructure costs.
Jim Olson., Land Use Chairman of the Jefferson County/Port Townsend Association of Realtors, stated
that in the development of the interim ordinance to replace the emergency ordinance, the Association of
Realtors is in favor of grand fathering or not changing lots of record. They want the Community
Development Plans to have a major role in the interim ordinance. They wish more of a bottom up type of
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Commissioners Meeting Minutes: Week of January 16, 1996
land use planning is done. Not the top down dictated by the Hearings Board. They want to see the
Community Plans and their densities used in the development of the Comprehensive Plan. They do not
want one rural density set for the entire County. This should be done community by community and each
community's needs and recommendations should be considered. The State Hearings Boards should only
dictate to the County Commissioners in a procedural and advisory capacity. They should not be allowed
to dictate policy. We need faster processing of commercial permits all over the County. If all commer-
cial development must be forced into Port Townsend, it's like saying that Federal Way and Tacoma
should all have their commercial development in Seattle. Quilcene and Port Townsend are as far apart as
Tacoma and Seattle. They are very much in favor of affordable housing and policy is needed that will
allow the Real Estate community and the owners of property to provide affordable housing. He
concluded by emphasizing that the local communities should have a major say in how their land is used.
Mark StevensoI\,. said that he lives out toward 4 Comers. He has expressed concern for some time about
the commercial zone in the 4 Comers! Airport Cutoff area. This area was zoned commercial, but if it is
ever built out entirely, it will need a lot ofinftastructure that is not there currently. His concern is that
the interim ordinance that follows this emergency ordinance address this issue. The parcels in this 67 acre
area are under separate ownership. A little build out at a time could result in a large project that may not
have been allowed if the whole thing had been submitted at the same time. We need to look at whether
we should be paying for the inftastructure that the build out of this area would need. Commissioner
Huntingford asked Mr. Stevenson if he would be in favor of a large project if it was proposed and the
project proponent paid for the necessary inftastructure? Mr. Stevenson answered that he doesn't know if
the residents of the County would want a large project like that.
Pete Brady stated that he supports and agrees with Mr. Stevenson's comment. At the hearings on the
rezoning of this area, the staff report indicated that the water there would not make it economically
reasonable for development and might require an extension of the City's Glen Cove waterline. There is a
large amount of acreage that was rezoned as commercial in that area.
AI Scalf then reported that the following letters have been received by the Permit Center:
. Jim McMinn, Texas, who owns property in Jefferson County stated that he would like to see a
density of one residential unit per acre for waterfront properties.
Jeff Mikkelson, 4 Comers Road, has requested a variance to the moratorium to subdivide 16.9
acres into 4 parcels.
Mr. Bailey, Chevy Chase, submitted a letter (see previous testimony.)
There are also five (5) applications for commercial projects in the Glen Cove area. These projects
are commercial and there is concern about commercial activities outside of an Urban Growth
Area.
Kent DeWitt, Larsen Lake Road Port Ludlow, has a subdivision application submitted. After
staff review, it appears that it may be more appropriate for this to be done as a PUD (planned
Unit Development.) The County may want to entertain amending the moratorium to allow a
subdivision application to be changed to a PUD application.
A woman that lives on the Clearwater (West End) asked that Conditional Use Permits be allowed.
The County may want to amend the moratorium to allow Conditional Use Permits.
City of Port Townsend submitted a letter detailing numerous concerns about the direction the
County is taking. Specifically their concerns deal with rural commercial development and how the
County intends to allow commercial activities outside the Urban Growth Area. They are also
concerned that the County has too liberal an approach to the vesting of subdivisions (Section
6.30,) and that applications may be allowed to obtain plat approval when they may require the
provision of urban services to the rural area. Also Section 6.30 allows a density of one unit per
five acres and the City feels that in certain areas of the County this density may not be justified.
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Dave Clevef\~er asked how the County can address, support and promote economic development when
there is such a small commercial area within the only Urban Growth Area, which is the City of Port
Townsend? These issues need to be addressed to increase the economic base in this County.
Carol Swallow asked if there is any process in the emergency ordinance to reduce the number of lots in
an application? Al Scalf reported that there is no provision for amending a subdivision application.
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Commissioners Meeting Minutes: Week of January 16, 1996
Jim Olson added that in this moratorium and on any future moratoriums on subdivision applications, the
Board of Realtors support any applications that are a matter of record at the time of the moratorium,
being processed in a timely manner.
Gene Seton stated that the only thing we have going in this County right now is building. Tourism and
retirement are not an economic base. When the moratorium was put on the unemployment rate went up
by one percent in one month because of the carpenters and builders not working. He urged the Board to
consider what stopping subdivisions does to the County. Commissioner Huntingford explained that
building permitswere still allowed to go forward.
Bernice Phillips said that she sent a comment to the Commissioners several years ago when the
Comprehensive Plan was being updated, which asked why the County is paying for an Economic
Development Coordinator if they're going to stifle development?
Dave Clevenger explained how the EDC in Clallam County is funded and what they do for Clallam
County and the City of Port Angeles.
Hearing no further public comment, the Chainnan closed the public hearing.
Al Scalf reported that he will be reviewing the comments received today and will make a recommendation
for changes to the Ordinance based on that testimony.
Letter Requesting Information re: Habitat Management Plans for Forest Trust
Lands: To State Commissioner of Public Lands: Commissioner Huntingford moved to approve and
sign the letter asking for more infonnation ftom the DNR about the impact of Habitat Management Plans
on timber harvesting for Forest Trust Lands. Commissioner Hinton seconded the motion which carried
by a unanimous vote.
The meeting was recessed at the end of the scheduled business and reconvened on
Wednesday afternoon for a workshop on Comprehensive Plan Goals. All three Board members were
present.
Proposed Amendment of Ordinance No. 12-1214-92 Department of Public Works
Fee Schedule and Scheduling a Public Hearing: Jim Pearson, Public Works, reviewed the proposed
amendments to the fee structure for Public Works Development Review services. The goal of the Public
Works Department is to fund 100% of the Development Review expenditures ITom fees. Last year was
used as a base for determining these fees. He clarified that the fees proposed are a fixed amount.
Currently the Department charges hourly fees for these services. The new fee schedules include a
proposal to charge a fee for changing the name of a private road.
Commissioner Huntingford asked how the employees will track their time on a project to determine if the
fee is appropriate? Jim Pearson answered that the Development Review staff is now tracking the number
of hours they spend on the various things they work on each day. Commissioner Huntingford then asked
what the fee would be on a subdivision ofa piece of property into two lots? Is it $500 plus $100 (for one
additional lot) or $500 plus $200 (a $100 fee for each lot)? Jim Pearson explained that in that example he
feels the fee would be $500 plus $100 for each of the two lots. Commissioner Huntingford asked if
anyone has figured out what the total amount of fees, charged by the County, on a subdivision, and how
much the County then receives in new construction taxes when that new lot and house are put on the tax
rolls? Jim Pearson stated that he would be glad to put that infonnation together and present it at the
public hearing.
The discussion then turned to whether the development review process could be done by a private
company and why it is necessary if the developer hires an engineer to do the work in the first place. Jim
Pearson pointed out that the County staff reviews the work done by the Engineers to assure that all of the
provisions of the County ordinances and the standards are applied consistently. A private engineer may
not understand or interpret the regulations and standards in a consistent manner.
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Commissioner Huntingford moved to set a public hearing on the proposed amendment to the Public
Works Fee Schedule for February 12, 1996 at 2:00 p.rn. Commissioner Hinton seconded the motion
which carried by a unanimous vote.
MEETING ADJOURNED
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