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HomeMy WebLinkAboutM022894 u~ "V" ..... .. . . .. .. . .... .. MINUTES WEEK OF FEBRUARY 28, 1994 The meeting was called to order by Chairman Robert Hinton. Commissioner Richard Wojt was present. Commissioner Glen Huntingford was not present. COMMISSIONERS' BRIEFING SESSION APPROVAL OF THE MINUTES: Commissioner Wojt moved to approve the minutes of Weeks of January 31, February 7, and 22, 1994. Chairman Hinton seconded the motion which carried by a unanimous vote. Request for Waiver of Health Department Fee for Food Service Establishment; Jefferson County Jail Kitchen: Because the Jefferson County Jail is required to prepare and serve food to inmates and is not a commercial establishment, Commissioner Wojt moved to waive the Health Department fee for the Jefferson County Jail food service. Chairman Hinton seconded the motion which carried by a unanimous vote. Discussion of County Departments Purchasin2 Locallv: This discussion is postponed until next week. GMA Update: Public Works Program Manager, Carter Breskin, reported that a meeting has been set for next Tuesday (March 8, 1994) from 9 - 11 a.m. to discuss the Capital Facilities plan as required by GMA. The consultant for this work will be running the meeting. All of the groups involved with GMA planning will be invited to attend. She asked the Board to advise them of anyone that they would like specifically invited. Senior Planner James Holland reported that the final draft of the CAO will be ready this afternoon. There will be a workshop tomorrow afternoon on the forest resource lands. Two proposals have been received regarding forest resource lands. A follow up meeting with the Board will be necessary. A determination will also need to be made regarding how mineral resource lands will be handled. David Goldsmith reported that the RFP's for the rural and land use elements of the Comprehen- sive Plan are due next week. The interviews for the GMA Planning Manager have been completed and a job offer will be made soon. Commissioner Wojt asked about the GMA Steering Committee? David Goldsmith reported that a letter was sent to the Planning Committees for the UGA's asking that they submit a list of names for the Board's consideration for appointment as members of the Steering Committee. Nothing has been received from these groups yet. VOL 20 rAG~ 266 Commissioners' Meeting Minutes: Week of February 28, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dick Broders, Planning Commission Member, reported the Planning Commission has adopted the report of the Comprehensive Plan Review Subcommittee and is providing it to the Board for use during the Comprehensive Plan update process. Penny Herrick, Chairman of the Planning Commission presented the Board with a copy of this report. Penny Herrick also presented a letter to the Commissioners regarding population forecasts (see attached.) She reported that the Planning Commission has been working on what should be incorporated in neighborhood plans and how those plans will be incorporated into the Comprehen- sive Plan update. PUBLIC COMMENT PERIOD: The discussion centered around the impact of the Critical Areas Ordinance on the assessed value of properties. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Mer the Clerk reported that neither of the contracts on the consent agenda are ready for approval, Commissioner Wojt moved to delete both items. Chairman Hinton seconded the motion which carried by a unanimous vote. 1. DELETE CONTRACT re: Design and Build Solid Waste Transfer Station; Rognlins Inc. and K.P.G., Inc. 2. DELETE CONTRACT No. 1-94-15003 re: 1994 GMA Funding; State Department of Community Development BUSINESS FROM COUNTY DEPARTMENTS PLANNING AND BUILDING DEPARTMENT Request for Support; Expansion of U.S. West Callin2 Area: Senior Planner James Holland reported that U.S. West is requesting an expansion of the Port Townsend calling area to include Quilcene. This request is made to the Utilities and Transportation Commission. He suggested that the Board submit a letter of support for this request which will aid economic development in the Quilcene area. Mari Phillips, a resident of Quilcene, stated that she is in favor of this change. She feels it will aid in encouraging the people of Quilcene to shop locally. Commissioner Wojt suggested that wording be added to the draft letter that the area be broadened even further to allow Port Ludlow, Gardiner and Brinnon, to be included in the expanded calling area. James Holland will add wording to this effect to the letter and bring it back for the Board to sign later in the week. Addendum re: Modified Findin2s. Conclusions. and Order; Final Modified Determination of Non-Si2nificance; To Develop a Five (5) Acre Parcel as a 27 Space Recreational Vehicle Park; Located Near the Intersection of Irondale Road and Rhody Drive; Firwood RV Park; Robert F. Sahli. Applicant: Prosecuting Attorney Mark Huth reported that the modified findings and conclusions reflect the oral decision made by the Board after the public hearing and he recommends that the findings be signed. Chairman Hinton stated that he feels that there are still enough unanswered questions on this project that there should be a meeting arranged with all parties to discuss them further. Mark Huth reported that he had met with Mr. Sahli and his attorney and Mr. Erwin (JVWW Enterprises) and his attorney, but there was no resolution from that meeting. Chairman Hinton stated that he would still like to have another meeting to discuss the issues in an effort to resolve the problems. Mark Huth reported that anything from a meeting would not change findings of fact because they were a result of the public hearing. VOL 20 rA['~ 267 Commissioners' Meeting Minutes: Week of February 28, 1994 . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . The Board tentatively scheduled a meeting with all parties for March 14, 1994 at 2:00 p.m. Mark Huth will notify all parties of this meeting. Request for Waiver of Interim Zonin2 Ordinance Fee: Hood Canal Seafood; Marion Lakeness: Commissioner Wojt moved to approve the waiver of the Interim Zoning Ordinance fee for the Hood Canal Seafood interim zoning application as requested. Chairman Hinton seconded the motion which carried by a unanimous vote. PUBLIC WORKS DEPARTMENT Mium Rubin-Crump. Project Mana2er re: Update on Larry Scott Memorial Park: Mium Rubin-Crump reported that there have been articles in the Bremerton Sun, Daily News and Port Townsend Leader regarding this project. There has been a need identified for more community education. A consulting firm will be contracted to provide such a program. She further reported that there has been a good deal of interest in the positions on the Park Advisory Board. She will provide a listing of the positions and the applicants for them to the Board for their approval next week. Crai2 Partrid2e. State Department of Natural Resources re: Olympic Experimental State Forest: Craig Partridge of the State Department of Natural Resources, explained that he works out of Olympia for State Commissioner of Public Lands, Jennifer Belcher. He has been dealing with the issue of the forest lands on the west end of the Olympic Peninsula for many years. The idea of an experimental forest was developed from the efforts of a citizen commission that met from 1988 to 1989. The majority of the old growth timber on State owned forest lands is on the parcels in the west end of the Peninsula. There are 264,000 acres of State owned lands in this experimental forest. In the 1980's the harvest level on these forest lands was 220,000,000 board feet per year. The sustainable harvest level is estimated to be about 145,000,000 board feet. When the federal government made its recommendation regarding spotted owls and their habitat, the State knew of about 10 pairs in these forests. Since the regulations have been put in place, it has been found that there are over 50 pairs in this area. Originally the experimental forest was to be a place to experiment with new forest management techniques. The intention was to continue some level of sustainable timber harvest to produce funding for the beneficiaries of the Trust funds, and to still protect ecological health. Now, the protection of the ecological health means finding ways to protect the spotted owl, the Marbled murre let and salmon runs. A main object of the experimental forest is coordination with neighboring forest management agencies such as the National Forest and the National Park. There are four main components of the Olympic Experimental Forest Plan: 1) All programs are based on the conservation plans for owls, murrelets and fish habitat. 2) Management experimentation and monitoring program. 3) Public information and education program. 4) An implementation plan to put these plans in place. An environmental impact statement will be done on the draft experimental forest plan. These documents should be ready in the summer, with final approval expected sometime before the end of the year. There will be meetings on the draft management and research plan and the EIS held around the Peninsula as well as meetings on the final plan before it is adopted. HEARING re: Proposed Amendment to Section 4 of the Interim Urban Growth Area Ordinance No. 02-0110-94; Section 4 Subdivision Densities Outside of Interim Urban Growth Areas; Lan2ua2e Chan2e: Community Services Director David Goldsmith reported that the Interim Urban Growth Areas Ordinance established a residential lot size in areas outside of designated urban growth area boundaries of one unit to the "net" acre. Concerns have been raised about the meaning of "net" density in the implementation of this ordinance. This proposed language change is to make it very clear what is included in lot area calculations. VOL 20 rM: 268 Commissioners' Meeting Minutes: Week of February 28, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Commissioner Wojt asked if the one acre parcel calculation excludes road rights-of-way, road easements, community wel1 site easements, etc.? David Goldsmith reported that is correct. Commissioner Wojt asked what the letter submitted by Pope Resources (dated February 28, 1994 see attached) is talking about? David Cunningham is saying that this change in the ordinance will create a new category of rural, David Goldsmith clarified. Lot sizes in the suburban areas are figured on a net basis, while the lot sizes in the rural areas are figured on a gross basis (meaning the lot size calculation is made including all road rights-of-way, easements, etc.) David Goldsmith continued by explaining that Mr. Cunningham's second comment has to do with the process for adoption this policy as an amendment to the Comprehensive Plan which requires that it go through the Comprehensive Plan amendment procedure. The legislature in passing the law that says that the County will adopt an ordinance to establish interim urban growth areas, indicated that the County will do that by the adoption of an ordinance instead of an update to the Comprehensive Plan. This doesn't require a change in the Comprehensive Plan until the Comprehensive Plan update is completed. The öiscussion continued regarding the change in this section, with Commissioner Wojt asking why the lot size calculation for the rural area shouldn't be the same as it is for the suburban area? Chairman Hinton also asked why this wording couldn't be made consistent? David Golds- mith agreed that they should be the same and suggested that the first line of the proposed language could be changed to say "All new subdivisions occurring outside of Interim Urban Growth Areas and within areas current designated Suburban and Rural under the Jefferson County Comprehensive Plan . . ." The Chairman then opened the hearing for public comment. Dick Broders. stated that he understands that if the lot size is based on a gross calculation, the actual lot sizes may not look rural. He can see that this change is needed, but he feels it should be done through a Comprehensive Plan amendment. This ordinance language is changing the Comprehensive Plan and he feels a hearing should be held and the Comprehensive Plan should be updated. He is concerned for the consistency of the County's various regulations. Jim Olson, Land Use Chairman for the Jefferson County Association of Realtors, stated that the Suburban designation previously meant five units per acre. Now with the UGA it will strictly mean one unit per acre? David Goldsmith answered that Mr. Olson is correct for the Suburban designation outside of UGA's. Inside of UGA's the designation will remain as Suburban and/or whatever the appropriate community plan al1ows. He then explained how the ordinance would be implemented and the calculation of lot size made. Al Boucher stated that he is surprised that the UGA Ordinance doesn't contain any definitions. He asked that definitions be included because they would be especially meaningful for the staff that is faced with implementing the ordinance. Jim Olson stated that he agrees with the idea of "net" acres being wel1 defined so that the Permit Center staff can interpret it for their customers. He agreed with Dick Broders that this change be proposed as a change to the Comprehensive Plan. Prosecuting Attorney Mark Huth stated that this Ordinance (the UGA Ordinance and its amend- ments) are interim until the Comprehensive Plan is updated. The overal1 intent of the Growth Management Act was to amend the Comprehensive Plan to include al1 of the State mandated programs and plans. The County being required to designate urban growth areas on an interim basis, confused the issue by setting the end result (designation of urban growth areas) before the Comprehensive Plan update. Nothing in an interim ordinance will control the changes to be made in the Comprehensive Plan update. On an interim basis the County is being required to preserve options, not make a permanent change until the Comprehensive Plan is updated. The Comprehen- sive Plan is not a regulatory document, while this Ordinance is. This ordinance will override the density provisions of the Comprehensive Plan in the interim. VOL 20 rM; 269 Commissioners' Meeting Minutes: Week of February 28, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dick Broders added that he realizes this is a public hearing regarding this matter, but many people have the mistaken idea that this issue is just concerning the urban growth areas, and does not effect the rural areas. Many people feel that since the Comprehensive Plan hasn't been amended, it is still in effect and that isn't the case on these density issues. He agreed it is an awkward situation to amend the Comprehensive Plan during the process of updating it. Jim Olson asked if this will place a density standard that the Quilcene Planning Committee must abide by? David Goldsmith answered that this ordinance doesn't address rural centers. Mark Huth added that the Planning Committee is not bound by this ordinance. The intent of this ordinance is to preserve options until the Comprehensive Plan can be revised and updated. Hearing no further public comment the Chairman closed the public hearing. Commissioner Wojt moved to approve and adopt ORDINANCE NO. 04-0228-94 the amendment to Section 4 of the Interim Urban Growth Areas Ordinance No. 02-0110-94 with the language in the first sentence of Section 4 amended to read "All new subdivisions occurring outside of Interim Urban Growth Areas and within areas currently designated Suburban and Rural under the Jefferson County Comprehensive Plan . . ." Chairman Hinton seconded the motion which carried by a un- animous vote. Kennel License Fees: Commissioner Wojt moved to continue the County practice of charging a kennel license fee, but not requiring that each dog in the kennel be licensed, until such time as the Animal Responsibility Ordinance can be updated. Chairman Hinton seconded the motion which carried by a unanimous vote. The Board recessed their meeting at the end of the scheduled business and reconvened on Tuesday afternoon. All three Board members were present for the workshop on Forest Resource Lands. Settin2 Public Hearin2 re: Two Proposals for Desi2nation of Forest Resource Lands: Commissioner Wojt moved to have a public hearing on the two proposals submitted for designation of Forest Resource Lands, to be set for March 15, 1994 at 7:00 p.m. in the Chimacum School Auditorium, on the condition that the facility is available. Commissioner Huntingford seconded the motion which carried by a unanimous vote. , I , RSON COUNTY OF COMMISSIONERS ~ "-- Vii! 20 r.~r 270