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HomeMy WebLinkAboutM041894 MINUTES WEEK OF APRIL 18, 1994 Mter the Finance Committee meeting, Chairman Robert Hinton called the meeting to order in the presence of Commissioners Glen Huntingford and Richard Wojt. COMMISSIONERS' BRIEFING SESSION: Discussion of MitÏ2:ation fees to Chimacum School District: Community Services Director David Goldsmith reported that there is an issue with three proposed subdivisions which include a parcel with an existing house in the property being sub- divided. The question is if the mitigation fee for schools should be applied to the lot with the existing house? He has discussed this issue with the Chimacum School District and they aren't going to comment on these short plats. They advised that they would expect that the mitigation be applied to new building sites created in a subdivision. David Goldsmith will draft a resolution outlining the policy on the way this mitigation will be applied to short plats. GMA Update: GMA Project Manager Steve Ladd reported that the Planning staff is working on the various elements of the comprehensive plan update. There will be a draft of the Zoning Ordinance ready for the Board to review next monday. He added that there have been many fine applicants for the planning openings that were advertised. The hiring will be done shortly and the Facilities Management is working on the space for housing these employees. Gary Rowe then reported on the status of the capital facilities and transportation elements. He added that they need updated populations forecasts as soon as they are ready. On April 27, the community planning groups will be meeting with the Planning Commission to discuss the goals they have drafted for their com- munities. Fishin2 Closure and Impact to County: David Goldsmith reported that the County must be declared an economic disaster area due to the fishing closure to allow businesses to apply for federal relief. There must be at least five businesses in the County that are impacted. They are looking at impacts to businesses such as bait sales, fishing lure sales, boat charters, boat repairs, and the salmon derby's as fund raising .VOL 20 r~C~ 684 Commissioners' Meeting Minutes: Week of April 18, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . activities for the community. Commissioner Huntingford noted that many of these businesses are not looking for money as much as for help from the Small Business Administration in loans and repayment schedules. PUBLIC COMMENT PERIOD: There were no public comments. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commis- sioner Huntingford moved to approve the consent agenda as submitted. Commissioner Wojt seconded the motion which carried by a unanimous vote. 1. Approve recommendation for Bid Award; One (1) Case 590 LoaderlBackhoe; Western Power and Equipment, $56,160.97 2. AGREEMENT, Supplemental re: Consultant Engineering Services; Relocation Design reports; Existing lrondale Road, 7th Avenue, Chima cum Road and West Egg and I Road; Bovay Northwest Inc. 3. Request for payment; first and second quarter allocation from the Hotel/Motel Tax Fund, $12,500.00; Jefferson County Historical Society. 4. Adoption of Findings and Conclusions; Short Plat #SPI3-92; Two lot Short Plat on Marrowstone Island off of Flagler Road; Steven Price 5. Approve recommendation to reduce the width of a private road; Proposed Short Plat #SPA94-oo10; Located adjacent to Discovery Road; Jack Gummer, Applicant 6. RESOLUTION NO.48-94 re: Granting a Non-Exclusive Franchise on County Road Rights of Way to Alvin Schoenfeld 7. MEMORANDUM OF UNDERSTANDING Re: Participation in the Integrated Data Management System; City of Port Townsend BUSINESS FROM COUNTY DEPARTMENTS: The Board met in EXECUTIVE SESSION with Prosecuting Attorney Mark Huth regarding litigation from 10:30 a.m. to 10:50 a.m. PLANNING DEPARTMENT Request from the City of Port Townsend re: Se2re2ation of Property: Prosecuting Attorney Mark Huth explained that the City discussed this property acquisition which is necessary for their water filter system, with him and the Assessor. When a public agency condemns a piece of property they do not have to go through the sub- division process to segregate that parcel from a larger piece of property. The question is what constitutes condemnation if the process does not get as far as going to Court. Assessor Jack Westerman reported that Citifor owns 1,000 acres in the area where the City wants this 20 acre parcel. He questioned how much of the Citifor property needs to be considered in this transaction? Jeff Chapman added that the Citifor property is in the timber designation which requires a compensating tax payment for the property to be taken out of that designation. After review of the exemptions, it was determined that the City could be exempt from the compensating tax because the condemnation proceedings were started before the sale was negotiated. He asked if this evidence would be enough to exempt the City from the requirements of the County's Subdivision Ordinance? Jack Westerman added that from the documents provided by the City it is clear that the seller (Citifor) is only willing agree to the sale to avoid the costs involved in a condemnation VOL 20 rAG,685 Commissioners' Meeting Minutes: Week of April 18, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . proceeding and that the purchaser (the City) is serious about going through such a proceed- ing if a sale could not be negotiated. Commissioner Huntingford moved to waive the provisions of the Subdivision Ordinance in the case of the sale of 20 acres by Citifor to the City of Port Townsend. Commissioner Wojt seconded the motion which carried by a unanimous vote. PUBLIC WORKS DEPARTMENT Briefings Elmer Paul re: Trade of Private Property for County Road Ri2ht of Way: Chairman Hinton explained that this discussion is regarding a request for an exchange of private property for right-of-way that the County owns. This exchange would provide the County with more right-of-way at the railroad overpass. Chairman Hinton asked if it is possible to start the paperwork on this property trade so that Mr. Paul can place a mobile home on the property before the action is formalized? Prosecuting Attorney Mark Huth answered that the Paul's would not own the property until the paperwork is finalized. Public Works Director Gary Rowe explained that the process for approving this trade includes having the properties appraised and then the trade must be approved by the Superior Court Judge. He noted that it would be an advantage to the County to have the additional right-of-way at the railroad overpass. He added that a license to use the right- of-way could be issued on a temporary basis for the placement of the mobile home. The only problem with that is, if the trade is not approved, the foundation for the mobile home would have to be removed from the right-of-way. Commissioner Huntingford asked for an estimate of how long the· property trade process will take? Gary Rowe reported that the fastest the process could be done would be 60 to 90 days. He will review the file on the former request and see if what has been done to see if that will shorten the process time. Review of Comments on the Critical Area Ordinance: Associate Planner Lesa Barnes reported that there are many comments on changes in wording to the draft Critical Areas Ordinance, but many of them are in opposition to each other. James Holland reported that there are some inconsistencies in the ordinance due to mis-references to Section numbers. Those inconsistencies can be corrected by proof reading the CAO again. One comment from the hearing was the need for the County to clarify the appeal pro- visions of the ordinance. The discussion continued regarding how an appeal procedure could be put into the CAO. Chairman Hinton stated that he feels that septic and building permits should be taken out as triggering permits. Commissioner Huntingford asked how these issues will be addres- sed if building and septic permits are taken out as triggering permits? Commissioner Wojt added that if these permits are removed, he feels that would be gutting the ordinance and it would not deal with protecting the environment. It was suggested that the Kitsap County ordinance be reviewed for how critical area review is triggered. Commissioner Wojt stated there were also comments about adding shellfish as a concern of the ordinance. He suggested that shellfish be added to the statement about salmon. Another area of concern noted through the comments was how to deal with protection of groundwater resource areas. He suggested that the Planning Department check the Thurston County ordinance for their handling of groundwater protection. VOl 20 rAG~ 686 Commissioners' Meeting Minutes: Week of April 18, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . David Specter. Health and Human Services Director re: Family Plannin2 Issues: Health and Human Services Director David Specter reported that his Department is recommending that they take over the management of the family planning program for Jefferson County. He then reviewed the history of the provision of these services in the County, which has been done by a contract between the County and Clallam/J efferson Family Planning. Chairman Hinton asked what would happen if the community volunteers aren't available? Director of Nursing, Jean Baldwin, reported that she is looking for community volunteers to work on education documents, mailing, funding raising and to be the liaison with the UGN. Wendy Foster, Clallam Jefferson Family Planning, reported that they have worked in 1993 to increase the Family Planning clinic services in Jefferson County. She received a grant to allow the six clinic nights per month. She explained that the Health Department will have the ability to make more efficient use of the funds coming in because of their handling of administration duties and no travel time and costs. These will be handled through the Health Department budget and staff. She reported that the Board of Directors of the Clallam Jefferson Family Planning lends their support to this change in the program. She added that CTFP has gone as far as they can in the expansion of the services with the funds available. Commissioner Huntingford asked if the $16,310 indicated by David Specter is what is being spent in Jefferson County by CTFP? She answered that it is close, but it doesn't include any amount for staff and administration time from the Port Angeles office. Commissioner Huntingford moved to have the Director of Health and Human Services develop a contract with Clallam Jefferson Family Planning Services to manage the Family planning program for Jefferson County. Commissioner Wojt seconded the motion which carried by a unanimous vote. HEARING re: Appeal of Final Miti2ated Determination of Non-Si2nificance For the Oak Rid2e Short Subdivision: Pat Thompson and Dan Y oura. Applicants: Chairman Hinton read hearing procedures and asked following questions: Q) Is there anyone in the audience who objects to the participation of any of the County Commissioners in these proceedings? 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. Q) Can you hear and consider this in a fair and objective manner? A) All three Board members answered yes. Q) Has any member of the Board engaged in communication outside this hearing with opponents or proponents on the issue to be heard? A) Commissioner Huntingford stated that he toured Mrs. Savage's property on another issue about a month ago. Mrs. Savage has made numerous complaints to the County about problems as far as erosion and surrounding neighbors. His tour was to look at the site conditions on her property at that time. Chairman Hinton asked if the subject of this hearing was discussed during that site visit? Commissioner Huntingford answered that it was not. They were specifically looking at her property and the adjoining neighbors beaches, but not the subdivision under consideration today. Chairman Hinton asked Commissioner Huntingford if his decision VOL 20 ur,::687 Commissioners' Meeting Minutes: Week of April 18, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . today would be in any way influenced by that site visit? Commissioner Huntingford answered that it would not. Associate Planner Jerry Smith reviewed the Exhibits presented to the Board in their packets which include: · Exhibit 1 - letter from the appellant, Anne Savage. · Exhibit 2 - the notice of public hearing. · Exhibit 3 - Final MDNS issued on March 21, 1994. · Exhibit 4 - a staff memo dated March 16, 1994 which contains a response to comments on the preliminary MDNS issued. Exhibit 5 - comments on the preliminary MDNS from the Department of Ecology, Anne Savage, and Jefferson County Environmental Health. Exhibit 6 - the preliminary MDNS issued February 9, 1994. Exhibit 7 - staff memo dated February 8, requesting a threshold determination. Exhibit 8 - environmental checklist dated December 20, 1993. Exhibit 9 - attachments to the environmental checklist - slope stability and soil evaluations. Exhibit 10 - comments from Anne Savage and the County Department of Public Works, prior to the County issuing the preliminary MDNS. Exhibit 11 - short subdivision application and the preliminary plan. · · · · · · · This is an eight acre site, located approximately 2 miles south of Port Hadlock on Oak Bay Road. Most of the site is upland and west of Oak Bay Road. Part of the site is between the old Oak Bay Road alignment and the new Oak Bay Road. Mrs. Savage's property is located at least two ownerships north of the subject property, down slope from the old Oak Bay Road. Commissioner Huntingford asked if the housing sites will all be on the west side of the Oak Bay Road? Jerry Smith answered that they will. The area between the old and new Oak Bay Roads is proposed to be dedicated open space for the subdivision. The balance of the property west of Oak Bay Road is divided into four lots which are each approximately 1 3/4 acres in size. The access will be off of Oak Bay Road. There is an additional area of Open Space on a fairly steep area of the parcel. Chairman Hinton swore in Mrs. Savage. Anne Savage presented pictures of the land in this area. She advised that she needs to keep the pictures because they are very valuable and are part of a book she is writing. She then reviewed each picture for the Board. The first two pictures were of areas between the two Oak Bay Roads. She advised that she feels it is very important that this area be kept landscaped. On some of the pictures of an access road, Pat Thompson pointed out that the property is not part of their proposed plat, it is someone elses property. She confirmed for Commissioner Huntingford that the triangle piece of property between the old and new Oak Bay Roads will be in dedicated open space. Commissioner Huntingford asked what conditions have been placed on this project to control stormwater runoff? Jerry Smith answered that there are mitigation measures that require an erosion and sediment control plan, require minimal vegetation removal, and require that if any vegetation is removed that replanting be done to stabilize the soil. These mitigations were to address Mrs. Savage's concerns. Mrs. Savage continued present- ing and reviewing pictures of her property and surrounding properties and the erosion that she has seen happen over the years. Chairman Hinton asked Linda Atkins of the Health Department about the soils on the project site? Linda Atkins reported that the soils on the site are basically good loamy sand material on top of hard pan. A wet season evaluation of the property was completed over the winter and it was determined from that information that all of the sites are suitable for on-site sewage disposal. There are some steep slopes (about 25% slopes) located just above the areas proposed for on-site sewage systems. There is a bench area VOL 20 ~~r,~ 68R Commissioners' Meeting Minutes: Week of April 18, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . that ranges between being basically level and about a 10% slope that can be used for on- site sewage disposal. The property will require alterative type septic systems. Chairman Hinton then swore in Pat Thompson and Dan Your a, the project proponents. Pat Thompson stated that Mrs. Savage's appeal may not have any grounds because her appeal document (dated March 31, 1994) does not relate to the subject property. The single spaced, typed appeal is 164 lines long and only 17 of the lines contain any reference at all to the subject property. Her appeal letter appears to address concerns that she has with a septic system installed in 1989 on the adjacent property north of Mrs. Savage's property, plus some personal problems she has had with her neighbors. Ms. Thompson noted that these issues have very little relationship to their proposed plat. She questioned if this appeal should have been accepted because it has caused them and the County time and expense to deal with. She then addressed the four issues in the appeal that related to her property: 1. 4. 2. Mrs. Savage's claim that a survey done by Roates Engineering found disputed measurements which effected her land. Ms. Thompson reported that her property and the adjacent properties to the north, south and east have been surveyed by four different firms in the past five years and there are no disputes between the surveys. Their property is not adjacent to Mrs. Savage's property and surveys have nothing to do with SEP A review. On page 2, number 10, of Mrs. Savage's appeal letter, she notes that there is solid clay ground in the area and that the ground on her property is similar to the ground on this plat. Ms. Thompson noted that is true. A soil analysis of the property was performed by Gerald Thorson, a Geologist, and by an engineer from Pack Tech Engineering. Both of those reports were submitted to the County with the original subdivision application. She feels the clay in the soil has been adequately addressed through SEP A. On page 3, Mrs. Savage indicates that the disturbance of even one house could be crucial to the area, while on page 4 she describes a "horrendous earth slide" that resulted from disturbed land west of Oak Bay Road. Ms. Thompson explained that before they submitted the SEP A checklist to the County, they reviewed the documents from various engineering firms on the proposed Hadlock 37 plat which is located immediately south of their property. They also employed Gerald Thorson, a Geologist, to do a complete geological review of their land. Mr. Thorson's report does not indicate any stability problems. On page 4 Mrs. Savage mentions a culvert under the roadway at the southern point of Oak Bay and Old Oak Bay Roads. This culvert was engineered and installed by the County at the time the road was built. She reported that she personally checked this culvert and ditch after two days of heavy rain in March and again in April. She reported that water trickled from the culvert in such a small amount that she could not collect it for a measurement. She added that a few hundred feet north of their property, water does flow heavily into the ditch, but that is clearly from another property. One of Mrs. Savage's pictures clearly showed the opening to this culvert which is totally surrounded by vegetation. 3. Ms. Thompson concluded by noting that she believes that according to the Jefferson County Land Use Code, the Subdivision Ordinance and the County's mitigative restrictions on the development of their land, all major clearing, residential and road construction, septic installation, and water system installation, must follow engineered plans to be approved by the County and some cases the State. These measures coupled with their concerns for proper land use and environmental concerns, assure that the Oak Ridge Short Plat will be developed in a responsible manner. She feels that the issues have been correctly addressed and that the Oak Ridge Short Plat should be approved. Dan Youra, 101 Hiller, Port Hadlock, concurred with Pat Thompson's testimony. He reaffirmed his own respect for the environment. They have always followed the rules and have been able to do short plats that respect the environment. He also indicated respect VOL 20 r~f:: 689 Commissioners' Meeting Minutes: Week of April 18, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the neighbors in this area, since they live within a half mile of this project. He indicated understanding for Mrs. Savage and the concerns that she has. He added that he would not do something that harms the neighborhood. He then indicated his respect for the laws of the County, State and federal government. The Chairman opened the hearing for public comments. No one spoke. Anne Savage stated that she understands her land very well and she has always been interested in what is happening in our environment. Chairman Hinton asked if Mrs. Savage had an opportunity to read the SEP A information on this project and if she understands what the conditions placed on this project are? Mrs. Savage answered that she has read the SEP A information and she does not feel that the conditions address her concerns. Chairman Hinton asked if there was any condition Mrs. Savage would suggest for this project to protect the environment and the neighbors? Mrs. Savage stated that she is certain that there is no way that the land can be protected from erosion and the seepage of water. Any additional roads, parking spaces, will disturb this fragile area. She stated that she feels that each of the Board members should make a trip to this area and walk of the property themselves. Jerry Smith reported that the County received an additional correspondence from Tillman Engineering regarding Mrs. Savage's property. Commissioner Huntingford gave Mrs. Savage a copy of the report done by Ryan Tillman after the site visit he and Commis- sioner Huntingford made to her property. Chairman Hinton closed the public testimony portion of the hearing. Commissioner Wojt stated that he understands Mrs. Savage's concerns for the environment, but the Board decision must be made on the Subdivision and SEP A rules. Commissioner Wojt moved that the appeal be denied. Commissioner Huntingford seconded the motion which carried by a unanimous vote. Commissioner Huntingford then moved to approve the final mitigated determination of non-significance. Commissioner Wojt seconded the motion which carried by a unanimous vote. MEETING ADJOURNED SEAL: /' / / , . ; , , . .: , " '. _i ~ ... "'\\;,,';' ~ . ... . ~,),_~-,V ," ':<,_''_. .. ~""" ""-"i;..~ S I)" .. -~',,",,-> ATTEST: d <YlA<CL ¿ f1 «~ Lorna L. Delaney, Clerk of the Board JEFFERSON COUNTY OF COMMISSIONERS VOt 20 w - 69D