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HomeMy WebLinkAboutM030496 MINUTES WEEK OF MARCH 4, 1996 The meeting was called to order by Commissioner Robert Hinton in the absence of Chainnan Richard Wojt. Commissioner Glen Huntingford was present. Chainnan Wojt was attending a National Association of County Officials (NACO) convention in Washington DC. PUBLIC SERVICES BRIEFING: Public Services Director Gary Rowe reported on the following: r:f' The possibility of a County curfew has been referred to the Law and Justice Committee for their meeting on Wednesday, March 6, 1996. The proposed ordinance to implement Regulatory Refonn has been scheduled for a public hearing. A schedule has been developed for meetings in the communities that have developed Community Plans as part of the Comprehensive Plan review process. The status of the BMP's that are part of the Critical Areas Ordinance. The status of the court case on the County's Forest Lands Ordinance. The schedule on the Comprehensive Plan adoption. The target date for publication of the draft Comprehensive Plan is April 15, 1996. Research is being done on the request for implementing an Advanced Life Support system for a portion of the County. There are issues with food service and some restaurants in Quilcene. r:f' r:f' r:f' r:f' r:f' ~ r:f' PUBLIC COMMENT PERIOD: The schedule for the Board's meetings with the 14 communities that have adopted Community Plans was distributed. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commis- sioner Huntingford moved to delete item number 1 and to approve and adopt the balance of Consent Agenda as submitted. Commissioner Hinton seconded the motion which carried by a unanimous vote. 1. DELETE RESOLUTION re: Vested Owners, Deeds of Trust & Interested Parties Signature on Final Subdivision Mylars (See item later in Minutes.) Page 1 ~w.. ,-;,¡ }; . . 6""01"': .. . " ; . ;.."';J ,'. I; Commissioners Meeting Minutes: Week of March 4, 1996 THE CONSENT AGENDA - Continued 3. RESOLUTION NO. 21-96 re: Statutory Vacation ofa Portion of Elm Street, Catherine Street, and View Street, all in the Plat of Captain Tibbals Lake Park; Neil Cavette, Petitioner PROCLAMATION re: Retired Teachers Appreciation Week; March 18 through 24, 1996 AGREEMENT re: Construction Work on the Upper Hoh Road; Emergency Project #XOI244; Arris Kollman Trucking, Inc. Preliminary Plat Approval, Long Subdivision #SUB95-0107; Divide 5.01 Acres into 2 Residential Lots; 134 Windridge Road, Chimacum; Tony and Susan Porto, Applicants 2. 4. 5. Vested Owners, Deeds of Trust & Interested Parties Signature on Final SYb.djvision ~ytars: Community Development Director AI Scalf reported that this resolution is to establish a consistent process for the Permit Center to make sure all of the signatures are on the mylar before it is filed. Commissioner Huntingford moved to approve RESOLUTION NO. 22-96, as presented to require that all vested owners sign inal subdivision mylars. Commissioner Hinton seconded the motion which carried by a unanimous vote. BUSINESS FROM COUNTY DEPARTMENTS: PLANNING AND PERMIT CENTER AI Scalf. llirector of Commun~ty Development re: Discussion Regarding Agenda for Tri-Area Meeting on March 8. 1996: AI Scalf asked if there were any specific agenda items the Board would like discussed at the Friday meeting in the Tri Area? Commis- sioner Huntingford suggested that the old community plan, the previous UGA, the current interim Land Use Ordinance, Rural Centers, and the incorporation plan be discussed in a structured format. Commissioner Hinton noted that he is concerned about public participation at this all day meeting. The Board asked that a representative from the State Department of Community, Trade and Economic Development (DCTED) be invited to these community meetings, since they have indicated that they are willing to help the County with this planning. Roger Blaylock suggested that the meeting begin with a history of what planning has been done in that area. A structured agenda with specific items at specific times should be adopted by the Board, so that the public can be present during discussions that interest them. AI Boucher stated that he feels the Board needs to convey why they are having this meeting with the community and what the expected result is from the meeting. The community needs to be told what bounds they can plan within and then a group should be formed to lead the interaction in the community and then communicate their results back to the County. AI Scalf advised that he would draft an agenda with specific time lines for the Board to review on Thursday. Discussion of Building Permit Fees Survey: Building Official Mike Ajax reviewed a copy of the building permit fees survey for the State. He reported that the State average for a building permit is $1,177.00 and Jefferson County's average is $1,202.00. The State average was lowered because of the extremely low fees in Ferry County. Page 2 VOL 22 rM,; 677 Commissioners Meeting Minutes: Week of March 4, 1996 Wscussioo...Regarding GeneralBJ!jlding Limitations, Chapter 5 - Uniform Building Code (UBC): Mike Ajax reviewed Chapter 5 of the UBC regarding building height for single family residences. He noted that the County's requirement is under the height for a single family residence at 35 feet. The UBC allows 40 or 50 feet depending on the type of construction. On commercial buildings the height varies depending on the type of construction. He noted that the Board may want to look at language to allow towers to be placed on Skidder Hill without having the application go through a public hearing, because all there is in that area is towers. He also suggested some language be put in the ordinance for work done on the Port Townsend Paper Company Mill. The Board advised that he submit these comments in writing so that they can be reviewed with the rest of the testimony on the emergency ordinance. PUBLIC WORKS DEPARTMENT BRIEFINGS Public Works Department Briefing: Public Works Director Klara Fabry reported on the following: ~ She will be researching the possibility of a drainage district for Quilcene. \') Last Saturday was the official ground breaking for the H.J. Carroll Park. There is a sign at the site. The Quilcene Flood Control District Advisory Board meeting is scheduled for Thursday. ... Reappointment to the Storm Water Advisory Committee: Commissioner Huntingford moved to reappoint Bernie Arthur to a three year term on the Storm Water Advisory Committee. Commissioner Hinton seconded the motion which carried by a unanimous vote. Mr. Arthur's new term will expire on March 7, 1999. The Board met in Executive Session with the Public Services Director and the Human Resource Manager regarding a personnel issue, from 11 :30 a.m. to Noon. AGREEMENT re: Legal Representation in a PERC Case: Louis A. Falcone. Attorney at Law: Commissioner Huntingford moved to approve the agreement with Louis A. Falcone, Attorney at Law, to provide the County legal representation in a Public Employment Relations Committee case. 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 Thursday. AIl three Board members were present. The meeting was reconvened at 2:00 p.m. for the following appointments. Decision re: Niichel Short Plat Denial Appeal #94-2-222-7; Richard & Fran Niichel, Applicant: Senior Planner Roger Blaylock reported that the Prosecuting Attorney was asked if the additional information submitted by Mr. Niichel at the hearing on February 20, 1995 could be added to the record. The Prosecuting Attorney advised that if additional information is substantial and is pertinent to the record then it should be added. He explained that the Page 3 VOL 22 rAr1~678 Commissioners Meeting Minutes: Week of March 4, 1996 additional information has more to do with process, not on the merits or remedy for the actual appeal. The Prosecuting Attorney was reluctant to expand the record and add this additional information which included letters from the County to the appellant and letters from the appellant back to the County during a four year period, starting in 1987 prior to the application. Roger Blaylock clarified that the Board needs to make a decision today on whether to uphold the original decision of the Planning Department on the short plat or to support Mr. Niichel's appeal. Commissioner Hinton asked about the 20 adjacent property owners testimony and why the staff report from 1989 says it was omitted from the record? Associate Planner Jerry Smith reported that 20 adjacent property owners were notified in 1989, but no comments were received from any of them. Roger Blaylock added that some of the adjacent property owners have testified during the appeal process. Commissioner Hinton then asked if the Planning staff has visited the site? Jerry Smith reported that he was on the site last spring. Commissioner Hinton asked about the height of the ocean bluff (120 feet in height) and the ravine (50 to 60 feet deep with a stream), because the appellant has challenged the heights noted by the County. Jerry Smith reported that the description in the record is from the original application and information submitted with it. Kent Anderson, Planning Department, visited the site and took photographs in 1995. The Board reviewed the photographs of the site and a map of the plats in this area. Roger Blaylock reported that the original application was denied based on 5 points. One of the points was cleared up by the Health Department in their review of the file and the soil logs. The 4 other points still remain, and were addressed by Mr. Niichel and his attorney at the hearing. The points are: 1. Lot design and shape. The shape, orientation, and character of these lots are not appropriate with the Subdivision Ordinance. A series of subdivisions across the County in 1988 and 1989 were reviewed and found that this short plat was out of character. Drainage patterns and easements required. From the information on the original plat there was concern of channels, ravines and drainage across the site. Suitability of lot design related to portions of the proposed site. The concern was the topography of the site. Provision of drainage improvements as required. 2. 3. 4. At the hearing, the history of the plat and the area were reviewed. AIl subdivisions in the area into smaller lots was done prior to 1965 (see minutes of February 20, 1996.) The plat was originally developed in 1931. He then reviewed that history. Commissioner Huntingford asked what the 1979 Comprehensive Plan says about this area? Roger Blaylock answered that the Comprehensive Plan Optimum Land Use Map specifically excludes the National Park and Reservation property. The property outside the Park and Reservation is in the 5 acre classification. Commissioner Hinton stated that the development in the entire west end of the County can be characterized as sparse, particularly because most of the area is surrounded by National Park. There is development to the north (gravel mining, the Klaloch Lodge, camping areas, etc.) and to the south (several homes on small, ocean view lots) of this site. The Optimum Land Use map of the Comprehensive Plan has precluded the National Park and Reservation areas from land use densities. The Quinault Indian Nation's Comprehensive Plan has designated this area as wilderness and forestry. The Optimum Land Use Map and the Comprehensive Plan is not relevant to a decision in this case. Only the Subdivision Ordinance, Revision 2, and the Health Page 4 VOL 2 2 rAf,~ 679 Commissioners Meeting Minutes: Week of March 4, 1996 Department and State regulations for septic, are the only relevant regulations to base a decision on. He doesn't feel it is logical and reasonable to apply the density provisions for adjoining properties to this project, since most of the adjoining properties are National Park. The properties to the south of this proposal are somewhat consistent with their density and lot configuration. It has not been concluded that this project is subject to the Quinault Indian Nation Comprehensive Plan, but should it be applicable to this subdivision, the wilderness zone west of the Highway does not establish or contain any minimum lot sizes, but eludes to the development of small lots. The development in this area is generally constrained by soil characteristics, minimum design standards for residences with on-site sewage disposal systems and individual wells (Exhibit H, dated August 7, 1989, page 2.) The area to the east of Highway 101 is designated as a forest zone with a 20 acre minimum lot size. The purpose of the forest zone is to buffer commercially managed forests from incompatible uses. Commissioner Hinton continued by reviewing the following fmdings of the staff review: Finding 5 regarding design requirements of subsection 5.201.(1) indicates a discrepancy between the requirements of the Comprehensive Plan on the Resource Production density and the WAC's (Washington State Administrative Code) for on-site sewage systems. Only the WAC's and the Health Department regulations are relevant to this subdivision application. Finding 16 - Staff noted that the buildable areas would be further reduced. Commis- sioner Hinton stated that this is subject to final plat approval. Finding 17 - the easement requirements of Section 5.204 (3) are also subject to fmal plat approval. Finding 18 - The record doesn't support the easement requirements in Section 5.204 (4). Ein.ding.J2 - The easement requirements of Section 5.204 (5.) These protective ease- ments may be required, but it is not necessary. Finding 20 - This rIDding eludes to the fact that there may not be suitable or sufficient land for construction, but Commissioner Hinton stated that he doesn't see any documenta- tion in the record to support this rIDding. Roger Blaylock explained that because there is concern, the Board could make a requirement of approval that additional information would be submitted along with the processing of the fmal plat to address these issues. Finding 25 - This is subject to fmal plat approval and is inconsistent with previous discus- SIOn. Finding 6 - Subdivision design requirements of proposed lots (Subsection 5.201(2)-- Commissioner Hinton stated the he doesn't feel that the west end can be painted with the same broad brush of the rest of the County, in applying design, shape and orientation. In the general area of this proposed subdivision, the design, shape and orientation of the proposed 3 lots is not consistent with the rest of the area. These lots traverse Highway 101, and there has only been one other time in the history of the County that this type of lot design has been allowed. This is not consistent with the lot orientation in the West End and the lots south of this proposed subdivision. Commissioner Hinton noted that during the hearing the appellant agreed that if there is a problem with the lot design, he would be willing to reconfigure the subdivision to conform with that concern. Based on concern regarding the design, shape and orientation of the lots in this proposed subdivision, Commissioner Hinton moved to deny the appeal. Commissioner Huntingford seconded the motion. Commissioner Huntingford asked if Commissioner Hinton's motion is leaving the possibility for Mr. Niichel to redesign his development to conform better with development allowed in other areas of the County? Commissioner Hinton explained that he would have concerns about subdivision of property on the east side of Highway 101. Mr. Niichel indicated that he would be Page 5 VûL 22 rM,~680 Commissioners Meeting Minutes: Week of March 4, 1996 agreeable to leaving that area of the subdivision as one parcel. Chairman Wojt asked if this appeal is denied, then Mr. Niichel would not have standing as far as the vesting date of his application. Roger Blaylock suggested that the Board ask for a legal opinion regarding the status of vesting of a modified application if this appeal is denied. The Board agreed that the Chairman ask the Prosecuting Attorney for a written legal opinion on the status of vesting of a modified application if this appeal is denied. After reviewing the Prosecuting Attorney's written response to the Chainnan's question, Commissioner Hinton withdrew his previous motion. Commissioner Hinton then moved to deny the appeal without prejudice. Commissioner Huntingford seconded the motion. He stated that it is his understanding that this motion will allow the applicant to submit a reconfigured subdivision application. Chainnan called for a vote on the motion. Motion carried by a unanimous vote. BID OPENING: Providing Materials for Upper Hoh Road Washout, County .rrn.iect #XO1244: Bob Nesbitt, Public Works Design and Construction Engineer, opened and read the bids as follows: Seton Construction The bid is broken down as follows: Clearing and Grading $ -0- Rip Rap 164,640.00 Gravel Base 28,980.00 Quarry Spall 13,720.00 $207,340.00 total including sales tax. Del Hur Construction The bid is broken down as follows: Clearing and Grading $ 15,000.00 Rip Rap 195,000.00 Gravel Base 40,500.00 Quarry Spall 14,250.00 $264,750.00 total including sales tax. Commissioner Huntingford moved to have the Public Works Department review the bids for accuracy and make a recommendation for bid award that is to the best advantage of the County. Commissioner Hinton seconded the motion which canied by a unanimous vote. Workshop re: Ordinance Amending the Public Works Fee Schedule: Public Works Engineering Services Manager, Frank Gifford, reported that the Permit Center and Public Works staff have met and discussed alternatives for addressing the increase in fees proposed for the development review section. Jim Pearson explained that the fees being discussed are for work done by Public Works Development Review Section, for the Permit Center. Alternatives for generating revenue at the Permit Center to cover these expenses were explored. Community Development Director Al Scalf added that other options were discussion for providing the development review services. The discussion with the Board continued regarding what development review services are, the amount of time this type of review takes, how much more income the new fee schedule will generate over the previous fee schedule, the number of applications reviewed in the past and Page 6 VOL 22 rM:;681 0 . . Commissioners Meeting Minutes: Week of March 4, 1996 what the projected workload is for the future, and the option of changing only the current fee schedule hourly rate to $45.00 per hour and apply that fee to short plats with the new flat fee proposed to be applied to all long plats. Commissioner Hinton suggested an increase of 50% fee, and that the new fees be reviewed in 6 months. After discussion of the intent of Commissioner Hinton's motion, the Board asked that the Public Works Department present the changes to the fee schedule as discussed at a later date. MEETING ADJOURNED ill' e .. . _o.¡ ..0 1\ . , ...... It .. -~ .......1... ' .0¡-1II' , ~" ..")'+- 0 "'. , ") , ~ ") It \I d CYI/V t tL flJ~ Lorna Delaney, CMC ~ Clerk of the Board Page 7 VOL 22 rM,; 682