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HomeMy WebLinkAboutM021296 MINUTES WEEK OF FEBRUARY 12, 1996 The meeting was called to order by Chairman Richard Wojt. Commissioner Glen Huntingford and Commissioner Robert Hinton were both present. COMMISSIONERS' BRIEFING SESSION APPROVAL OF THE MINUTES: Commissioner Hinton moved to approve the Minutes of January 22 as submitted and February 5, 1996 as corrected (change second on Blues Festival to Commissioner Hinton.) Commissioner Huntingford seconded the motion which carried by a unanllnOUS vote. Guy Rudolph. Irondale Community Action Neil:hbors/ICAN and Joe Breskin re: Petition for Incorporation of Irondale: Guy Rudolph stated that a petition was submitted to the Auditor for the incorporation of Irondale last summer. The Auditor deternrined that the petition was sufficient. They feel this petition is still valid and asked that the County proceed with the process for incorporation of the City of Irondale. Joe Breskin then discussed the impact of the City's reduced water service area on the Glen Cove and lrondale areas and the population figures being proposed for adoption by the County. Craig Smith agreed with Mr. Breskin and Mr. Rudolph that this petition should be allowed to proceed because he feels the people in the Tri Area don't have a say in what happens in that area. Guy Rudolph reported that his committee is at a point where they have the information ready to put this incorporation to a vote of the people. He urged the Board to declare the Tri Area an emergency JUGA so that the incorporation petition can proceed. Commissioner Hinton asked if there are the votes in the community to support the incorpora- tion? Guy Rudolph reported that he doesn't know. Chairman Wojt asked what the time line would be if the Board decided to put this on the ballot? Guy Rudolph reported that he would have to work with County staff on that, but they would like to put this on the May ballot. He feels that the time line on the original petition will allow the Board time to declare an emergency UGA, hold the required incorporation hearing, and meet the time line to put this issue on the May ballot. Page 1 VO!- ? 2 " 12(' '.... r ,':. t.. Commissioners Meeting Minutes: Week of February 12, 1996 Commissioner Hinton asked how the citizens in the Tri Area would feel about the UGA if the vote for incorporation failed? Guy Rudolph stated that many of the citizens don't want a County UGA, but they do want the City. If the initiative failed, there would be more infonnation out to the public. There is more support for this petition than there was last August. The discussion continued regarding the pros and cons of the incorporation of Irondale. David Specter. Health and Human Services Director re: Introduction of New Health Officer. Dr. Tom Locke: David Specter introduced Dr. Tom Locke who has been selected as the new Health Officer for Jefferson County. PUBLIC COMMENT PERIOD: The following issues/items were discussed: the relationship between the City and the County on Growth Management; the need for the City and the County to go through the Growth Management Steering Committee on issues such as water, and the possible adoption of a emergency UGA; a compliment to Commissioner Wojt for his representation of the County at the City's hearing on their water service area; the City's newly adopted water plan and what it means; a "thank you" to Commissioner Hinton and Commis- sioner Huntingford for attending the water meeting on Marrowstone Island; a grant application developed by the Health Department for funding of water studies on Marrowstone Island and the need for more public input on such applications; the City's resolution to reduce their water service area even though no one spoke in support of that action, and even though they had an agreed order with the State before the public hearing was held; the Tri Area being a commercial center which shouldn't be designated as rural; the need for community viability; and the possibility of a county wide vote on the question of whether Irondale should incorporate. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commis- sioner Hinton moved to delete items 1 and 11, and to adopt and approve the balance of the items on the consent agenda as submitted. Commissioner Huntingford seconded the motion which carried by a unanimous vote. 1. 2. DELETE RESOLUTION re: Population Distribution for Jefferson County Application for Dance License; January 1, 1996 through December 31, 1996; Hadlock House Restaurant, DBA Boeitker's Restaurant & Sports Lounge Application for Dance License; January 1, 1996 through December 31, 1996; Port Ludlow Resort & Conference Center AGREEMENT re: 10 year Lease, Use of Clearwater Drop-box Site; State Department of Natural Resources HEARING NOTICE re: Intent to Change Private Road Name; Island View Avenue; Hearing Set for Tuesday, February 20, 1996 at 11:15 a.m. Approval of Application for Group Membership and Authorization for Release of Insurance Data; State Department of Labor & Industries Retrospective Rating Approval to Fund Security Fencing from Community Services Fund Reserve; Jefferson County Fair Grounds Request for Final Plat Approval; Amendment to Olele Point Plat; to Relocate Waterway Place Right-of-way; Eric Harrier, Proponent Adopt Findings and Conclusion of Preliminary Long Subdivision for Olympic Country Estates SUB95-0104; Five Lot Long Subdivision; John Swallow, Applicant Approval of Certification of Road Levy Expenditures in 1995 (CRAB) DELETE Approval for the Port Townsend Food Bank to Use the Port Townsend Community Center Lower Level (See Item later in Minutes). 3. 4. 5. 6. 7. 8. 9. 10. 11. Page 2 VOL 22 rM,; 123 Commissioners Meeting Minutes: Week of February 12, 1996 BUSINESS FROM COUNTY DEPARTMENTS PLANNING AND PERMIT CENTER Ado tion of rowth Strate rdinance: Community Development Director AI Scalf reported that the changes suggested by the Board last week d~g their review of draft seven of this proposed emergency ordinance have been incorporated in draft eight. He reviewed the changes made and noted that there are commercial areas identified in the rural areas of the County which will have to be dealt with in the Comprehensive Plan. Commissioner Hinton stated that he still has concerns about Planned Unit Developments (PUD's) and clustering, and doesn't feel that this ordinance provides enough clarity on those issues. Commissioner Huntingford feels this ordinance is an attempt to allow people to move forward in some manner until the Comprehensive Plan is adopted. He explained that people have called him with concerns about the maps that go with the ordinance and consistency with the Community Plans. Chairman Wojt noted that if the emergency ordinance is passed, the concerns and questions being brought up can be presented at the public hearing on the ordinance. Commissioner Hinton noted that the community plans were reviewed by the Planning Commis- sion and they held public hearings on them, and sometime after that the densities were changed. He doesn't feel there is enough clarity in this emergency ordinance and if the Board passes it, it will just cause more problems. The discussion continued regarding what clustering means and how this ordinance would be implemented; the population projections and how the population will be accommodated in the rural areas; clustering; the community plans and how the density in them has been changed. Commissioner Hinton moved to extend the emergency moratorium for 60 days. The motion died for lack of a second. After more discussion on how to proceed and if the emergency moratorium should be extended because it ends on February 19, the Board concUITed that they will discuss this matter further and make a detennination on Wednesday, February 14, 1996 at 10:00 a.m. (See item later in Minutes.) Discussion re: Direction from the Board in Preparing Regulatory Reform Ordinance: Commissioner Huntingford moved that the Planning Department staff be directed to draft the regulatory refonn ordinance with the provision that the open public hearing will be held by Hearing Examiner and that the closed record appeal will be held by the Board of Commis- sioners. Commissioner Hinton seconded the motion which carried by a unanimous vote. PUBLIC WORKS DEPARTMENT Review Hearing Examiner's Findings. Conclusions and Recommendation for Two Road Vacations: 1) Vacate a Portion of an Unnamed Street in the Plat of Madrona Vista. Frank and Brenda Oster. Petitioners: and 2) Vacate a Portion of Magee Road West of Lake Leland. Chris Rertle and Connie Miller. Petitioners: Terry Duff, Public Works Department, reported on the following: 1) The Hearing Examiner recommends approval of the Page 3 VOL 22 ~A[,~124 Commissioners Meeting Minutes: Week of February 12, 1996 vacation of a portion of an unnamed street in the Plat of Madrona Vista as petitioned by Frank and Brenda Oster. Commissioner Hinton moved to approve the vacation as recommended by the Hearing Exam- iner. Commissioner Huntingford seconded which carried by a unanimous vote. 2) The Hearing Exammer recommends approval of the vacation of a portion of Magee Road West of Lake Leland, as petitioned by Chris Hertle and Connie Miller. Commissioner Hinton moved to approve the petition for vacation as recommended by the Hearing Exammer. Commissioner Huntingford seconded which carried by a unanimous vote. Approval for the Port Townsend Food Bank to Use the Port Townsend Community Center Lower Level: Facilities Manager Warren Steurer reported that this request is to allow a portion of the basement of the Port Townsend Community Center (fonnerly used by the Head Start program) be used for the Jefferson County Food Bank. The Food Bank has grown out of its present space in the basement of the Multi Services building. The County runs the Quilcene and Tri Area Food Banks from the Community Centers in those area. Commissioner Huntingford asked if the Food Bank will need additional storage areas for the food? Linda Haskins reported that there is room in this area of the Community Center for storage of food. CUITently they are serving 180 families in the Tri Area. Some of those families are from Port Townsend and will now be able to go to the Community Center for their food. Commissioner Hinton moved to approve the use of the lower level of the Port Townsend Community Center for the Jefferson County Food Bank. Commissioner Huntingford seconded the motion. Chainnan Wojt asked if this will preclude the use of this space in the Community Center for day care? Warren Steurer reported that it will preclude day care use on Wednesdays when the Food Bank is open. He noted, however, that all of the people operating day care programs were contacted about the availability of this space and none of them have expressed an interest in it. The Chainnan called for a vote on the motion. The motion carried by a unani- mous vote. HEARING re: Revision of Ordinance No. 12-1214-92: Public Works Pepartment Fee Schedule: Jim Pearson reviewed the proposed fee schedule changes and reported that the subdivision fees will be charged on a flat fee basis instead of on an hourly basis. The proposal is to mirror the Pennit Center's fees. On a proposal to split a parcel into four lots, the per lot fee would be charged on the additional three lots being created. The Chainnan opened the public hearing. Hearing no comments for or against the proposed ordinance, the Chainnan closed the public hearing. Commissioner Hinton moved leave the record open on this ordinance until 5 p.m. on Friday to allow contractors to comment on this proposed ordinance. Commissioner Huntingford seconded the motion. The motion carried. CONTRACT Standard Work Order #09-815: Juvenile Court for Drug and Alcohol Services: State Department of Social and Health Services: Commissioner Hinton Page 4 VOL 22 rM,>125 Commissioners Meeting Minutes: Week of February 12, 1996 moved to approve the standard work order #09-815 for drug and alcohol services to Juvenile Court clients through the State Department of Social and Health Services. Commissioner Huntingford seconded the motion which carried by a unanimous vote. Application for Assistance from the Veterans Assistance Fund: Commissioner Huntingford move to approve the application for assistance from the Veterans Assistance Fund submitted by VFW 10706 in the amount of$353.80. Commissioner Hinton seconded the motion which carried by a unanimous vote. The meeting was recessed at the conclusion of the scheduled business on Monday and reconvened at 1 :00 p.m. on Tuesday with all three Board members present. The Board attended a workshop on rural lands with the Planning Department staff. The meeting was recessed at the end of the workshop and reconvened on Wednesday morning with all three Board members present. Adoption of Growth Strategy Ordinance: Community Development Director AI Scalf reported that the Board reviewed Draft 7 of this proposed ordinance on February 5, 1996 and suggested changes to it. Draft 8 was then developed to incorporate the suggested changes and the Board discussed that on Monday (see item on Page 3 of these Minutes.) He reported that staff has put a lot of time into this draft ordinance and the Pennit Center staff needs direction from the Board on what to do at the open of business Tuesday morning, when the moratorium has expired. He recommended and encouraged the Board to adopt this emergency ordinance. Chainnan Wojt stated that even though this ordinance may have some imperfections, it is the best chance the County has to give direction to the Planning Committees, builders, developers, and the staff. He feels that extending the moratorium would be very detrimental. Commissioner Hinton stated that the concerns he expressed on Monday haven't gone away. This ordinance is ambiguous and allows a lot of discretion on the part of the permitting staff as to whether a project will or will not be approved. Statutorily the County is required to have ordinances that are clear and concise and easy to understand. He feels this ordinance needs more work before the Board adopts it. Commissioner Huntingford asked what the differences are between draft 7 and draft 8? AI Scalf explained: Draft 7 No Planned Unit Development (PUD) language. No language to addres parcels of record. Draft 8 Language says "will not require the creation of system capacity." Language says "lots and parcels" ofre- cord. Under Section 6.10, item iii is deleted. Includes general language on clustering. Language says "will not require the ex- tension of urban services." Under Section 6.10, item iii is included. Senior Planner James Holland stated that staff feels that a better ordinance and process can be accomplished by making amendments to draft 7. He gave the example that Section 6.10 (iii) in draft 7 says "no expansion of capacity." This could be clarified by saying "where an expansion of capacity shall mean construction of a water main eight inches in diameter or greater, the construction of an additional unplanned well, and construction of additional storage capacity." Page 5 VOL 22 rM,;126 Commissioners Meeting Minutes: Week of February 12, 1996 He feels this would clarify the difference between extension and expansion of services. AI Scalf clarified further that urban services are identified as sewer systems, fIfe flow above residential standards, turn in pockets, additional need for solid waste, fIfe and police, and passing, turning or merging lanes. Commissioner Huntingford stated that he feels it would be simpler if the community plans were followed for densities, etc. He feels the community plans need to be addressed. With the number of acres designated as timber land and rural forestry, the only land left for development are the rural lands. He questioned if the County is doing anything to reduce urban sprawl if that acreage is at a 1 per 10 density? As far as this ordinance, he has had phone calls from people wanting changes, but if the Board keeps making changes the ordinance just gets more convo- luted. He suggested that the ordinance be adopted as drafted with a time line for the Board to come back and address some of the issues such as language for PUD's and possibly clustering. There are mapping problems and some concerns about the Quimper Plan and he would like to see this adopted with a plan for how the Board can review those issues. Chainnan Wojt stated that the process for adoption of an emergency ordinance is that once adopted the Board has to hold a public hearing within 60 days. The purpose of that hearing is to invite comments. Commissioner Huntingford stated that he understands that, but if the Board waits 60 days, the changes will still be made at the last minute. He wants the Board to review the suggested changes within 30 days and then there would be another 15 to 30 days for the Board to determine what changes they want to make and have those changes available to the public before the hearing. Chainnan Wojt stated that he feels there needs to be discussion about whether the Board feels this emergency ordinance is an interim ordinance that will be in place until the Comprehensive Plan is adopted, or if they want to take limited staff time to try to make changes to it. If the staff is spending their time wonying about adjusting the emergency interim ordinance, then they probably won't meet the deadline for completing the work on the Comprehensive Plan. Commissioner Huntingford pointed out that he feels the Board should review eve!)' community plan if the emergency ordinance is to be an interim ordinance. James Holland reported that the staff is close to completing the rural land element of the Comprehensive Plan and about a third of the way through the land use element. There is about a week of spare staff time available for the preparation of workshop materials to be available before the public hearing on the emergency ordinance. Staff can't comprehensively review all of the community plans and forward a detailed report to the Board on each. They could give general infonnation, however. They can recommend clustering language for the emergency interim ordinance that will feed into what is in the Comprehensive Plan. He recommended against doing a lot of work on PUD's in this ordinance, because they are still doing research on how to handle them in the Comprehensive Plan. The densities on the map and in the language of the emergency ordinance are similar to what will be in the Comprehensive Plan. The rural centers are dealt with more stringently in this emergency ordinance than they will be in the Comprehensive Plan in some respects. Discussion continued regarding the hearing process for the emergency ordinance and the suggestion by Commissioner Huntingford to consider changes to the emergency ordinance within 30 days. AI Scalf stated that he is willing to go with the Board to the various communi- ties to discuss the community plans, and he will prepare a schedule for these meetings. Commissioner Hinton stated that he is still concerned about the problems and conflicts in this ordinance. The purpose in Section 1 says clear and concise development regulations to guide the Page 6 ýOL 22 rAG; 127 Commissioners Meeting Minutes: Week of February 12, 1996 submission, review and approval of all land use applications. He doesn't feel the Board should adopt the ordinance with the problems that have been pointed out and then try to make changes later. Commissioner Huntingford noted that the ordinance isn't meant to cure every problem, but it is meant to allow some subdivision to take place in the County. Commissioner Hinton noted that he isn't in favor of moratoriums, but he is in favor of clear, concise regulations. The discussion continued regarding how this ordinance would be implemented for various types of projects. Commissioner Huntingford moved to approve draft 7 as ORDINANCE NO. 05-0214-96 an emergency ordinance establishing interim land use controls and the map, and to take public comment on changes to it for the next 30 days. Chainnan Wojt seconded the motion. The Chairman called for a vote on the motion. Commissioner Huntingford and Chairman Wojt voted for the motion. Commissioner Hinton voted against the motion. The motion carried. Chris HertIe asked if the Board will review the original community plans or if they will review the version edited by the Planning Commission? Commissioner Huntingford stated that the Board could review both. Steve Hayden asked if public comment will be taken for 30 days for changes to the ordinance and/or the Comprehensive Plan? Commissioner Huntingford explained that he would like to review all changes suggested and then if there is a change that needs to be made the Board can decide if it should be made to the interim ordinance or if it should be held over for incorporation into the Comprehensive Plan. Gene Seton asked if draft 7 was passed as it was presented? Chainnan Wojt and Commissioner Huntingford answered that draft 7 was passed as written. Commissioner Huntingford advised that people who commented on changes that were incorporated into draft 8, should submit those comments again. Gene Seton submitted a copy of the Quimper Community Plan. Commissioner Huntingford asked that AI Scalf make a list of the changes made to draft 7, so they can be addressed again. Senior Planner James Holland reported that in the motion to adopt this ordinance, the Board of Commissioners solicited public comments on potential revisions to the ordinance for the next 30 days. Once the 30 days has expired a workshop will be scheduled for the Board to review recommendations for possible changes to the ordinance. Once the workshop is held, the required public hearing will be scheduled. Population Distribution for Jefferson County: Chainnan Wojt asked City Council Member Ted Shoulberg if the City Council has acted on the population distribution resolution yet? Ted Shoulberg stated that the resolution was brought up, but he didn't remember if it was voted on. AI Scalf reported that this resolution reflects the population projections and distribution agreed upon by the City and the County. Chainnan Wojt noted that the purpose of this resolution is to allow the County to proceed with the Comprehensive Plan. The reality is that within two or three years after the Comprehensive Plan is adopted, the population distribution may have to be modified to recognize what is actually happening. James Holland reported that the population projections will be amended by the State Office of Financial Management (O.F.M.) every five years at a maximum. The allocation numbers can be changed as long as they still comply with the Growth Management Act and are changed within the planning areas (urban to urban, rural to rural, etc.) Page 7 VOL 22 rM,;128 Commissioners Meeting Minutes: Week of February 12, 1996 James Holland explained that he drafted the resolution that was placed on the Board's agenda on Monday and then the City submitted a shorter resolution for consideration. He recommended that the Board adopt the resolution placed on their agenda, because he feels it needs to include a full list of findings and the history of this process. Also the City of Port Townsend's resolution includes language that the County "shall" designate Port Ludlow as a UGA or master planned resort in the Comprehensive Plan. He suggested that the Board not be that defmite. Something will be done with the Port Ludlow area, but it is inappropriate for the County to commit itself to a certain course of action at this point. Commissioner Huntingford asked about the concern stated on Monday about the Tri Area and how this population projection may impact the incorporation effort? Guy Rudolph stated that the Tri Area was adopted as a Rural Activity Center, with the population to match. Commis- sioner Huntingford noted that if the Irondale incorporation is completed, the area wouldn't have less population than what is being allocated, it would probably have more. James Holland added that to keep the population projection as it is for the Tri Area is better because it will allow the area to plan for additional population before it is assigned to the area. Ted Shoulberg reported that the City Council did not pass anything when the population projections were discussed. He noted that the resolution supporting what the City and County staff agreed to, will probably be presented to Council at the meeting this coming Monday and will be scheduled for a vote at the March 3, 1996 meeting. Chairman Wojt pointed out that the County is assuming that the agreement has been made. The County has the authority to adopt the population projections. The City's vote will just confmn that the agreement is acceptable. Commissioner Huntingford moved to adopt RESOLUTION NO. 17-96 adopting the population distribution for Jefferson County. Chairman Wojt seconded the motion. Commissioner Hinton stated that the population numbers adopted are between the high and low estimates, but he feels the distribution is out of proportion because GMA says that growth is to be directed toward the areas characterized by urban growth (the City is the only UGA in the County.) There are about 4,000 people allocated to the County with no place for them. At the densities that are being considered, there won't be the land to provide for those people. He doesn't feel that the County will ever be in compliance with GMA. The Chairman called for a vote on the motion. Commissioner Huntingford and Chairman Wojt voted for the motion. Commissioner Hinton voted against the motion. The motion carried. James Holland pointed out that this resolution establishes a baseline rural growth figure for the County. There is the implication that any additional growth, over the baseline, must by default be urban. Sufficient rural growth has been projected to maintain healthy rural centers. He then explained how this issue has been addressed in recent Hearings Board rulings. Commissioner Huntingford asked Ted Shoulberg about the City's resolution regarding their water service area? Ted Shoulberg explained that the City's resolution clearly states that no water tap application would be turned down based solely on the reduced water service area. This resolution begins the City's process of developing a water comprehensive plan, it provides guidelines for the staff to do the necessary planning to develop policies and ordinances for the reduced service area designation. There is the 1986 service area, a 1993 reduced service area and a 1996 further reduced service area. Pennits will be evaluated on a case by case basis within the 1993 reduced service area until the planning is fInished. Commissioner Huntingford asked what option people would have if the City will not provide service to them because of the reduced service area? Ted Shoulberg answered that the State laws on utilities allow the City the Page 8 'JOL 22 ~M,; 129 Commissioners Meeting Minutes: Week of February 12, 1996 flfst right of refusal. If the City says no to a property owner, they can either drill a well or they can try to fmd an alternative service provider. There is a mechanism for reviewing service proposals. MEETING ADJOURNED úl Lorna Delaney, CMC Clerk of the Board ~~ . ton, Member Page 9 VOL 22 ~M.,13()