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HomeMy WebLinkAboutM022096 MINUTES WEEK OF FEBRUARY 20, 1996 The meeting was called to order by Chainnan Richard Wojt. Commissioner Robert Hinton and Commissioner Glen Huntingford were both present. APPROVAL OF THE MINUTES: Commissioner Hinton moved to approve the minutes of the February 12, 1996 meeting as submitted. Commissioner Huntingford seconded the motion which carried by a unanimous vote. Supporting the Washington Timber Counties Position on Trust Responsibili- ties of the Washington State Department of Natural Resources: Commissioner Huntingford moved to approve RESOLUTION NO. 18-96 supporting and joining with the coalition of timber counties in any efforts to maintain and defend the trust responsibilities and principals articulated by the Washington Supreme Court in Skamania (1984). Commissioner Hinton seconded the motion which carried by a unanimous vote. Reappointment to the Solid Waste Advisory Committee: Commissioner Hinton moved to reappoint Jim Worthington to a two year term on the Jefferson County Solid Waste Advisory Committee. His term will expire on December 2, 1997. Commissioner Huntingford seconded the motion which carried by a unanimous vote. Reappointments to the Tri Area Community Center Board of Directors: Commissioner Hinton moved to reappoint the following Board members to another two year term on the Tri Area Community Center Board of Directors: . Alice Sell-- term expires: May 19, 1997 . Will Garriss -- term expires: March 4, 1998 . Jane Rodgers -- term expires: June 20, 1998 . Pat Gould -- term expires: June 11, 1997 . John Parker -- term expires: May 19, 1997 . Jack L. Wade -- term expires: May 19, 1998 . TOfU Araki -- term expires: May 19, 1997 Commissioner Huntingford seconded the motion which carried by a unanimous vote. -.."" <- """---"- ----....... .., Page 1 ~'O' 2' "2 18t '." ; . .-.1 ¡ .,.; .' Commissioners Meeting Minutes: Week of February 20, 1996 Accept Recommendation to Approve Claim # C-1-96 ; Elizabeth J. Wiky.;. Commissioner Hinton moved to accept a recommendation to approve Claim #C-I-96 for $281.79 to repair residential power lines that were pulled down by the extended cab of a County dump truck. Commissioner Huntingford seconded the motion which carried by a unanimous vote. Application for Assistance from the Veterans Relief Fund: Commissioner Huntingford moved to approve the request a assistance from the Veterans Relief Fund submitted by American Legion Post #26 for $75. Commissioner Hinton seconded the motion which carried by a unanimous vote. PUBLIC SERVICES BRIEFING: Director of Public Services Gary Rowe updated the Board on the following issues: . Guy Rudolph will meet with the Planning staff this week to discuss the proposed Irondale incorporation and the urban growth area designation. A pre-mediation meeting will be set up this week with the State Department of Natural Resources representatives. Commissioner Huntingford and Gary Rowe will represent the County. No lawyers will be present at this meeting. The Clerk of the Board will contact the fIfe districts regarding the Advanced Life Support (ALS) levy to gather infonnation which will determine whether the service area should cover only a portion of the County. On the Road meetings in March, April and May will focus on the community plans and the draft comprehensive plan. The Board asked that these meetings be as productive as possible to make every attempt to come to closure on issues regarding the community plans. The FEMA meeting was canceled last week because of flooding in other parts of the State. It will be rescheduled. Commissioner Hinton will meet with Gary Rowe this week to discuss policies regarding the budget. The voice mail phone system will be implemented at the Sheriffs Office soon. Gary Rowe stated that now is the time to address any concerns the Commissioners might have regarding the system. AI Scalf submitted a schedule regarding the Emergency Interim Density Ordinance. There is a 30 day comment period that closes March 13 at 5 p.m. On March 19, the Board will review the comments at a workshop. On March 25 at 2:00 p.m., there will be a public hearing on the emergency ordinance in the Commissioners' Chambers. . . . . . . . PUBLIC COMMENT PERIOD: The following items were discussed: how input from the On the Road meetings will be used in the Comprehensive Plan; the need for a certified water testing lab in the County; the Marrowstone Island Groundwater Quality Protection grant that the Environmental Health Department has applied for; advertising in the newspaper for the On the Road meetings, and an update on the East Jefferson Little League building. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commis- sioner Hinton moved to delete item # 1 and to approve the balance of the consent agenda items as submitted. Commissioner Huntingford seconded the motion which carried by a unanimous vote. 1. DELETE: ORDINANCE NO,- re: Amending Ordinance No, 12-1214-92; Public Works Department Fee Schedule Page 2 VOL 22 r~f;; 187 Commissioners Meeting Minutes: Week of February 20, 1996 APPROVAL A~ CONSENT AGENDA - Continued: 2. Grant Application CZM Project Assistance, Larry Scott Memorial Park CRI069 to Develop 2 Mile Section Between Park & Ride and Mill Road; State Department of Ecology Grant Application CZM Project Assistance, Larry Scott Memorial Park CRI069 to Develop 2 Mile Section Between Park & Ride and Mill Road; State Department of Transportation Grant Application Centennial Clean Water Fund, Marrowstone Island Groundwater Quality Protection through Jefferson County Health & Human Services; State Department of Ecology AGREEMENT re: 1996 Community Services Grant Funding; Continued Availability and Use of the Port Hadlock Teen Resource Center; Coyote Foundation AGREEMENT re: 1996 Community Services Grant Funding; Promote Organization in Providing a Creative & Therapeutic Environment for Children; Bergita House AGREEMENT, Supplement No.2 re: Request Funding of Emergency Bank Stabiliza- tion to Quinault So1jh Shore Road; State Department of Transportation AGREEMENT re: Phase I Scope of Work, H.J. Carroll Park Project #519.60 ROll 18; Jongejan/Gerrard/McNeal Consultants AGREEMENT, Supplement No.6 re: Prepare Transportation Element of the Compre- hensive Plan; Benyman & Henigar Accept Resignation of Developmental Disabilities Board Member; Homer Smith Appointment of Developmental Disabilities Board Member; JeffHamm; Tem Expires 2/20/99 Appointment of Developmental Disabilities Board Member; Herb Herrington; Tenn Expires 2/20/99 Accept Resignation Gardiner Community Center Board of Directors Member; Jennifer Swenson 3. 4. 5. 6. 7. 8. 9. 10. II. 12. 13. BUSINESS FROM COUNTY DEPARTMENTS: PLANNING AND PERMIT CENTER Hearing Examiner Recommendation to Deny Expanding Red Barn RV ZON95-0035; Ron Riggle, Applicant: Associate Planner Dennis Thomason explained that this pennit is to expand an already existing commercial RV. business which is located in a "general use"area where commercial use is prohibited. On October 10, 1995, the Pennit Center denied the pennit because it is a non-confonning use. On December 8, 1995 this decision was appealed to the Hearing Examiner, and denied. Since that time, the Pennit Center and the applicant have been looking at another option for the expansion that was not presented to the Hearing Examiner and may be a possibility if it is legally feasible. Commissioner Hinton stated that this is an existing business that is doing well and it is important to support economic development in the County. After a discussion, Commissioner Hinton moved to postpone a decision for 30 days or until the Prosecuting Attorney can review the alternative that could allow for the expansion. Commissioner Huntingford seconded the motion. Chairman Wojt called for the vote. Commissioner Hinton and Commissioner Huntingford voted for the motion. Chainnan Wojt voted against the motion. The motion carried. Page 3 VOL 22 rM,~18S Commissioners Meeting Minutes: Week of February 20, 1996 PUBLIC WORKS DEPARTMENT BARING re: Intent to Change Private Road Name; Island View Avenue: This hearing is advertised for Monday, February 26, 1996 at 11:15 a.m. Carson Inman & Pete Inman re: Discussion of East Price Street: Public Works Technician IV Robert Henderson reported that a local contractor is improving a portion of East Price Street to private road standards according to a local engineering fInn's design. That design is based on criteria from the Puget Sound Stonnwater Manual. Carson Inman has concerns about the catch basins being constructed for the run off. He objects to the construction because it has turned his property into a wetland on both sides of the road and he doesn't feel that the engineered design is working properly. He requested that the Public Works Department not approve the road until a solution is found. He also stated that he does not want to have to put a culvert on his property. Commissioner Hinton asked Public Works Director Klara Fabry if these issues should be dealt with before the road construction is fmished? She said she will talk with the engineer who designed the road. She added that it is a private road, but the Public Works Department will intervene to work out a reasonable solution for everyone. She stated that she will report back to the Board in a few weeks. The Board then met in Executive Session with Public Works Director Klara Fabry regarding potential litigation. The meeting was recessed at the conclusion of the scheduled business on Tuesday and reconvened on Wednesday morning at 10:00 a.m. for a hearing. All three Board Members were present. HEARING re: Nüchel Short Plat Denial Appeal #94-2-222-7; Richard & Fran Michel, Applicant (Continued from November 28, 1994): Chainnan Wojt read the hearing procedures and asked the following questions: Q) Is there anyone in the audience who objects to the participation of any of the County Commissioners in these proceedings? A) There was no objection from anyone in the 'audience. Q) Do any of the Commissioners have an interest in this property or issue? A) All three Board members answered no. Q) Do any of you stand to gain or lose any financial benefit as a result of the outcome of this hearing? A) All three Board members answered no. Can you hear and consider this in a fair and objective manner? A) All three Board members answered yes. Has any member of the Board engaged in communication outside this hearing with opponents or proponents on the issue to be heard? A) All three Board members answered no. Q) Q) Mr. Niichel stated that he has concerns about meetings the Board may have had with the Quinault Tribe and the Jefferson County Planning Staff regarding the subdivision. Commis- sioner Wojt and Commissioner Huntingford replied that they had met separately with Tribal Leader Guy McMines on other issues, but did not discuss any details about the subdivision. They had also met separately with David Goldsmith, but did not discuss any details. Page 4 VOL 22 r,~f,: l8g Commissioners Meeting Minutes: Week of February 20, 1996 Senior Planner Roger Blaylock pointed out that the reason for this hearing is not to discuss or refute jurisdictional issues, but to deal with the appeal of the short subdivision. He presented a map showing Mr. Niichel's property and the subdivision pattern of adjacent properties. He asked Mr. Niichel ifhe accepted the jurisdiction of Jefferson County to make a decision regarding the subdivision? Richard Niichel stated that he feels the County has jurisdiction over the property. If he thought otherwise, he would not have flied the subdivision application with the County. Roger Blaylock then reviewed the chronology of events that lead to the denial of the application for the subdivision: . The Evergreen Point Subdivision was approved in 1931. It was a 12 lot subdivision, six lots along the Pacific Ocean and six lots on the other side of Highway 101. In 1965, four lots on the ocean were divided into eleven smaller lots and one residence was built. In 1969, Jefferson County adopted its Comprehensive Plan and the State of Washington approved a Subdivision Act, creating short plats. Two more residences were built. In 1971, the State Shorelines Act was passed and the State Environmental Policies Act was passed. Two more residences were built. In 1974, the Quinault Tribe adopted their Comprehensive Plan. In 1978, the last residence was built. In 1979, Jefferson County adopted the Comprehensive Plan, and specifically excluded this area from the optimum land use map. No densities were established. In 1980, Richard and Fran Niichel purchased the property. In 1989, the Niichels filed an application with the County for a short plat subdivision. The proposed short plat divided two established lots, one on the ocean and one located across Highway 101 into three lots with ocean frontage. In 1990, the State Growth Management Act was passed. . . . . . . . . . Commissioner Huntingford asked if these properties are currently inside the reservation? Roger Blaylock stated that they are, but he wasn't sure if they were included in the reservation land when they were subdivided in 1931. Richard Niichd explained that this property is allotment property that was given to an individual member of the Washington State tribes. He purchased the property from the original allottee. Roger Blaylock reviewed the denial letter, dated August 21, 1989. The following points were cited: . After site evaluation by the County Health Department, the soils were found unacceptable for septic tank and drainfield system installation. The Jefferson County Comprehensive Plan shows that the density in the West End is one residence per five acres. Roger Blaylock stated that although this particular property is not shown on the optimum land use maps, this density seems to have been the intention of the County at the time. The other lots in the area on the ocean are over 100 feet wide, while the proposed lots are less than 80 feet. The proposed lots are 1,000 feet long. This configuration is inconsis- tent with all other short plat lots that have been approved in the County. Only one or two subdivisions in the County run across a highway. Based upon the recorded Evergreen Point Plat map from 1931, there are steep slopes, a ravine, and erosion potential on a portion of the property, therefore, it is unbuildable. . . . Commissioner Hinton asked when the last building permit in the area was issued? Roger Blaylock stated that he thought it was issued in the late 1980's. Commissioner Hinton asked if Page 5 VOL 22 rM,~ 19G Commissioners Meeting Minutes: Week of February 20, 1996 he knew why that area wasn't included in the 1979 optimum land use maps? Roger Blaylock stated that he does not know the intent of the omission, but there is a discrepancy in the maps for the eastside of the County and the maps for the West End. The east side maps do not show the City of Port Townsend or Indian Island, but show the State Forest and the National Park. The Westend maps do not show the National Park or the Tribal lands. Roger Blaylock reiterated that jurisdiction is a legal issue and the Board is dealing with the subdivision issue only. John Ru~ Richard Niichel's attorney, stated that he drafted the response that was submitted for this hearing. He explained that this ocean tront property is unique and should be divided to provide optimum views for all the lots. The subdivision ordinance states that lot design requirements should be appropriate for the use that is intended and the character of the area. The configuration of this proposed subdivision is suitable for residential or vacation property. Regarding the "public interest" issue, it is the function of the Board to detennine if an applica- tion of appeal complies with the State law and the County Subdivision Ordinance. He feels that this is a legal subdivision. He added that there are some issues that would need to be addressed before a fmal plat approval, but it would not be appropriate to review them for a preliminary plat approval. Richard Niichel stated that the lots to the south of his property on the ocean are all small lots. He said that in 1989, Associate Planner Jeny Smith advised him to file for a replat; but about ten days later, he received a letter stating that he would have to file a short plat subdivision. Mr. Niiche1 wanted to file as soon as possible, therefore he agreed to file a short plat, without looking at the details. Planning staff told him that the Comprehensive Plan listed the density in the area as one acre and in order to accommodate this density, he had to include the property across the road. This explains why the lots do not confonn to the standard lot design ratio. He was told at the hearing in November, 1994 that the Comprehensive Plan did not apply to his property. Mr. Niichel said he would be willing to amend the plat to comply with the subdivision regulations by making three lots on the ocean and one lot across the road for a drainfield or well. He added that he is willing to work with the County. Mr. Niichel feels the County has not communicated with him in any detail regarding this appeal since the short plat was denied in 1989. In 1995, Environmental Health Director Larry Fay sent him regulations on septic systems dated 1990, 1991 and 1992. At that time, Mr. Niichel asked Larry Fay for a copy of any regulations the County had in 1989, when the subdivision was vested. The only County standards in 1989 were outlined in a memorandum dated June 9, 1987 to Steve Rice trom Rachel Nathanson. Mr. Niichel stated that a representative trom the Health Department did not do an onsite visit in 1989, they made their conclusions trom a soils map. Roier Blaylock stated that the Health Department approval is not an issue now. There are new technologies that have been developed since 1989 that can be utilized for septic design. Richard Niichel then asked that the record include letters and enclosures trom the Jefferson County Health Department dated December 13, 1994, including the memorandum to Steve Rice trom Rachae1 Nathanson dated June 9, 1987. He again stated that the process on this subdivision has continued, with no results, for seven years. Commissioner Hinton asked Mr. Niichel' s intent regarding the building envelopes and water and septic for each lot? Richard Niichel stated, for the record, that he is not going to destroy the property and he does not intend to make a septic system that will create health problems. Commissioner Hinton asked the date of vesting? Page 6 VOL 22 rAe; 191 Commissioners Meeting Minutes: Week of February 20, 1996 Richard Niichel said that he submitted his application in June, 1989. The denial was issued in August, 1989. He appealed in September, 1989. Commissioner Huntin¡ford asked the Planning staff if they knew if building pennits were currently being issued in the area? Ro¡er Blay~ stated that he was not sure, but he thought only one or two building pennits were issued on the Westend annually. John Rutz stated that the vesting was on or before July 18, 1989 because there was a memo in the file from Jeny Smith with that date which indicated that the subdivision application was substantially complete. He requested that the record contain the map that Roger Blaylock had prepared for the hearing, the entire Pennit Center file on the case and several pieces of correspondence that Mr. Niichel had sent to the County over the years that were not in the files. Ro¡er Blay~ stated that he has concerns about the 1987 memo from Rachel Nathanson regarding review of short plat subdivisions. He explained that J eny Smith may not have seen this memo when he made his evaluation on the plat in 1989. The only record that the Pennit Center has from the Health Department is a response to Mr. Niichel denying the application because he did not have soil logs of the property. He also has concerns about the submission of the colTespondence from Richard Niichel that is not in the County files. Richard Niichel said that, regarding the Health Department request, the procedure in 1989 was not to do the soil logs until a building pennit was applied for. ~ asked Mr. Niichel if a new review of the property was conducted and showed that the land would not support septic for three lots, would he modify his original proposal? Richard Niichel stated that he would modify the subdivision in that case, but it would have to be based on 1rue engineering facts and decisions. He also submitted a Bureau of Indian Affairs, Branch of Real Property Management map because of the discussion of jurisdiction in the November, 1994 hearing. ~ advised the Board to ask for an opinion from the Prosecuting Attorney about whether this new evidence could be submitted at this time. Commissioner Hinton stated that because jurisdiction is not an issue in this hearing, if Mr. Niichel wants to submit the map and new evidence, it would be best to submit it to the Pennit Center staff and have them get an opinion from the Prosecuting Attorney. Guy McMines, representing the Quinault Indian Nation, explained that he did not realize the Board would be taking public testimony today. He asked the Board if they could meet with planners and lawyers from the Tribe to discuss jurisdiction issues before they make their decision? He stated that the Tribe has tried to reach Mr. Niichel by telephone to come to an agreement regarding the property. He added that the Indians named on allotments do not have property rights and several acts of legislation have clarified this fact and it has been upheld in the courts. Commissioner Hinton reiterated that this hearing is to deal only with the subdivision denial and jurisdiction is not the issue. Page 7 VOL 22 t~f,; 192 Commissioners Meeting Minutes: Week of February 20, 1996 Jack Glover stated that this subdivision design could be amended or enhanced to make it more acceptable to the County. Richard Niichel stated that he isn't offering to change the subdivision unless he has a reason. Guy McMines said that he didn't understand the importance of the today's hearing. Commissioner Huntin~.m:d asked Guy McMines if rather than meeting with the Tribe's planners and lawyers, they could send written comments if the record was kept open for a week or two? Guy McMines stated that it is a very important issue and the Tribe's representatives would rather meet with the Board than send comments. Commissioner Hinton again stated for clarification that the issue is not jurisdiction and only deals with the denial of the subdivision by the County. Commissioner Huntiniford said he has concerns about meeting with the Tribe's representatives and then getting everyone back together because this hearing has been set up for over a month. He asked if there are any new issues the Board has not heard? He said they have all read the record. Guy McMines again requested that the Tribe meet face to face with the Commissioners. He stated that he did not think the Tribe had met with the Board before on this issue, although they may have discussed the issue with County staff. Commissioner Hinton agreed that the inholders and the Tribe and the Board should meet to discuss land use issues on the Tribal properties; but the only issue before the Board today is the appeal of the subdivision denial. Hearing no further comments, Chainnan Wojt closed the testimony portion of the public hearing. Commissioner Huntingford stated that he wants to review his notes and the packet. He feels that all the Board Members should talk with legal counsel. He stated that in fairness to Mr. Niichel, the Board should set a date for their decision. Commissioner Hinton stated that he also wants to review the infonnation. He moved to continue the decision on the subdivision denial until Thursday, March 7, 1996 at 2:00 p.m. in the Commissioners Chambers. Commissioner Huntingford seconded the motion, which catried by a unanimous vote. MEETING ADJOURNED SEAL: " ) '}" '" ATTEST: '" Lorna Delaney, CMC Clerk of the Board \jot 22 r~f,=193 Page 8