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HomeMy WebLinkAboutM052394 ~ MINUTES WEEK OF MAY 23, 1994 The meeting was called to order by Chairman Robert Hinton. Commissioner Glen Huntingford was present. Commissioner Richard Wojt was not present. COMMISSIONERS' BRIEFING SESSION Bob Minty. EmeI1!ency Services Coordinator re: Special Events Permit: Outdoor Recreation Fair Day at the Tri Area Community Center and Chimacum Park: Peninsula Trails Coalition: Bob Minty reported that the Risk Manager and the Claims Administrator asked that the Olympic Outdoor Recreation Fair provide a certificate of insurance listing the County as an additional insured. The activities for this fair take place in the County Park and there is no fee for participating. Bob Minty recommended that action on this be postponed to give him time to work this out with the applicant. Commissioner Huntingford questioned how the request to close the park would be handled and if the applicant has scheduled the use of the Tri Area Community Center? Bob Minty reported that he will be meeting with the applicant and will find out more information on how these activities will be handled. Later in the day: Bob Minty reported that the insurance has been provided for this event. He also advised that the campground portion of the park will not be closed and that the organizers have made arrangements with the Tri Area Community Center for use of that facility. Commissioner Huntingford moved to approve the special event permit for the Olympic Outdoor Recreation Fair Day. Chairman Hinton seconded the motion which carried by a unanimous vote. APPROV AL OF THE MINUTES: Commissioner Huntingford moved to approve the minutes of April 11, 18, and May 9, 1994 as presented. Chairman Hinton seconded the motion which carried by a unanimous vote. GMA Update: Assistant Planner Lesa Barnes reported that the Zoning Or- dinance hearing is tonight. This ordinance must be adopted by September 1 when the Emergency Zoning Ordinance extension expires. She asked if the Board would like a summary of the testimony from that hearing? The Board indicated that they don't need . VOL 20 r~C~ G :1020 Commissioners' Meeting Minutes: Week of May 23, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . this type of summary because they keep their own notes. Lesa Barnes then asked if the Board wants to review the maps and the text of the ordinance at the same time tonight or if they want to do the review separately? Chairman Hinton noted that the maps are more controversial than the text of the ordinance, but that at the hearing tonight they will take testimony on both issues. The Board concurred that written comments on this ordinance will be accepted until June 3, 1994 at 5:00 p.m. The Planning Commission will be meeting on Wednesday to review the Stormwater Ordinance and the revision of the Blue Book. Steve Ladd then reviewed a draft time line for the completion of the Comprehensive Plan update. He added that there is a Chairmanship seminar scheduled for Thursday night. He then reported on the seminar in Yakima last week. Don Cote, Planning Commission member, also reported on what he learned at that seminar. In response to a question from the audience, Chairman Hinton reported that the County and the City could not reach consensus on some of the issues regarding the lUG A ordinance. These issues will be resolved by the Growth Management Hearings Board. Public Works Director Gary Rowe explained that the population forecast figures that have been presented by the County will be used, in all planning work. PUBLIC COMMENT PERIOD: There were no public comments. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commis- sioner Huntingford moved to approve and adopt the consent agenda as presented. Chairman Hinton seconded the motion which carried by a unanimous vote. 1. AGREEMENT, Supplemental re: Project No. ROI031, Integrated Data Management System; To transfer all major GIS, Mapping and Statistical Data (Developed and Now Residing At EES); To be Converted, Documented and Transferred to the IDMS For Use In-house; Economic and Engineering Service, Inc. 2. CALL FOR BIDS: Bridge Rail Retrofit 1994; Hazard Elimination Program; Jefferson County Project #CSI097 & CSI098; Bid Opening Scheduled for Monday, June 13, 1994 at 11:15 a.m. 3. AGREEMENT, Aquatic Lands Sublease No. 20-013279; South Indian Island Park Land; State Department of Natural Resources and U.S. Department of Navy 4. Accept Recommendation to Approve Claim #C-I0-94 $224.00; Damaged Vehicle; Diane B. Weerts 5. RESOLUTION NO. 58-94 re: Establishing the Name for Private Roads; Lindner Creek Road, Hoh Mainline Road, Maple Creek Road, Owl Creek Road, Rain Forest Road, Brandeberry Road, School Lane, and G & L Shake Road BUSINESS FROM COUNTY DEPARTMENTS PLANNING AND BUILDING DEPARTMENT Recommendation of Hearin2 Examiner: To Approve Conditional Use Permit #IZ61-93 AND Shoreline Substantial Development Permit SDP93-0009: Construction of a 80' by 130' bv 36' Hi2h Buildin2: Port Townsend Paper Company: Commis- sioner Huntingford moved to approve conditional use permit #IZ61-93 as recommended by the Hearing Examiner. Chairman Hinton seconded the motion which carried by a unanimous vote. Jim Pearson reported that the staff recommends that the shoreline permit VOL 20 fAGE o 1021 Commissioners' Meeting Minutes: Week of May 23, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . be approved also. Commissioner Huntingford moved to approve the Shoreline Substantial Development permit #SDP93-0009 as recommended. Chairman Hinton seconded the motion which carried by a unanimous vote. Recommendation of Hearin2 Examiner: Conditional Use Permit #IZA94- 0016: To Establish a One Station Beautv Salon in an Existin2 Gar32e in Common with a Sin21e Familv Residence: Rose Ann Robinson: Permit Technician, Michelle Wood, reported that the staff recommends approval of this conditional use permit subject to conditions contained in the Hearing Examiner's report dated 5/6/94. Commissioner Huntingford moved to approve the conditional use permit with conditions as recommended. Chairman Hinton seconded the motion which carried by a unanimous vote. Approval of the Paradise Bav/Oak Bav Road Interim Zonin2 Desi2nation Map: Commissioner Huntingford moved to adopt and approve the Paradise Bay/Oak Bay Road Interim Zoning Designation map as presented. Chairman Hinton seconded the motion which carried by a unanimous vote. Reappointments to the Ferrv Advisorv Committee: Commissioner Hun- tingford moved to reappoint Robert Harper and Bill Matheson to each serve another 4 year term on the Ferry Advisory Committee. Chairman Hinton seconded the motion which carried by a unanimous vote. Terms will expire 6/23/98. PUBLIC WORKS DEPARTMENT BID OPENING re: One (1) AS/400 Computer System: Public Works Director Gary Rowe opened and read the bids received as follows: SPEC HOLDERS: BID TOTALS: Computech Trade in for system 36 Delivery within 45 days $104,414.00 $1,500 IBM Trade in for System 36 Delivery within 45 days. $112,970.23 $1,000 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. Chairman Hinton seconded the motion which carried by a unanimous vote. Warren Steurer. Facilities Pro2ram Man32er and Mium Rubin-Crump. ISTEA Coordinator re: Jefferson County Parks Advisorv Board Recommendation: Amendment to the Parks Capital Improvement Plan: HJ. Carroll Park and Larry Scott Memorial Park: Warren Steurer reported that the Park Comprehensive Plan needs to be amended to include development funding for the H.J. Carroll Park ($610,000) and the Larry Scott Memorial Park ($300,000.) Approximately 50% of the funding is already in hand and the matching funds will come from an lAC grant. Mium Rubin Crump reported that there are some other local matching funds (from Wild Olympic Salmon.) VOL 20 rAC~ o 1022 Commissioners' Meeting Minutes: Week of May 23, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Board concurred that the Parks Comprehensive Improvement Plan be updated. Mium Rubin Crump reported that she will prepare a resolution updating this plan and bring it back to the Board for adoption. Marv Baldrid2e. Accountant re: Public Emplovee Relations Committee (PER C) Funds: Request for Separate Account for Vendin2 Concessions: Mary Baldridge reported that the Public Employees Relations Committee receives a budget amount through the Non-Departmental Fund each year to offer various activities in recogni- tion of County employees. She suggested that the receipts from the pop and candy vending machines and the public telephone in the Courthouse be placed in a separate fund set up at the PEJCO Credit Union to subsidize these activities. The Board concurred that a resolution be drafted to set up this account. The Board then met in executive session with Prosecuting Attorney Mark Huth regarding potential litigation. Bonnie White-Lichty. Skookum Products and Services re: NEPA Checklist for Skookum Buildin2 Proiect: Bonnie White-Lichty reported that this project is not only subject to State SEP A regulations, but also to federal NEP A regulations. The County is the lead agency for the NEP A process. The checklist was done and a determination that there is no significant impact needs to be made. Commissioner Huntingford moved to issue a finding of no significant impact for the Skookum community center building funded through a State Community Development Block Grant. Chairman Hinton seconded the motion which carried by a unanimous vote. Howard Lischke re: Buildin2 Permit BLD91-0014. Griffith Point Road: Howard and Edna Lischke came before the Board to discuss the status of their building permit. They are requesting that the County consider the building permit as "grand- fathered" and not cancelled because it was not renewed. Building Official Mike Ajax reported that there are two building permits for this structure. One was issued on the foundation for a future residence and then one was issued for the house. He pointed out that the County no longer issues permits in this manner. The foundation permit was issued final approval on January 10, 1990. On that date Mr. Lischke was told that he would have to apply for the permit for the house within one year or he would lose his grandfather status. The permit was issued in May of 1991 but the house has not been started. The Uniform Building Code (UBC) says that the County can cancel the permit within six months. The building permit has now been cancelled since there has been no activity on it for three years. Chairman Hinton asked what is required to keep a permit going? Mike Ajax reported that some type of activity has to take place within a 180 day period. The County extends that time frame to one year. Howard Lischke reported that they purchased the property in 1973 and drilled the well in 1974. The septic permit was issued and the system installed in the same year. In about 1977 they anticipated a specific style of home (non-basement home) on the site and based on that configuration they submitted a new septic system permit. The lower pump tank was installed in 1977. He added that when the Shoreline Program was under consideration and it appeared that there would be more of a setback required, he applied for a building permit for the structure. The original house design was changed and the new plan provided a basement. The plans for the house weren't in hand at that time, so the Building Official stated that they could apply for a foundation only building permit. He then explained the process they went through in building the foundation. VOL 20 rAG~ o 1:023 Commissioners' Meeting Minutes: Week of May 23, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. Lischke stated that they applied for this permit before the Shoreline Master program was adopted by the County and he feels that those regulations should not apply to his project. Commissioner Huntingford asked if the Lischke's are ready to build their house now? Mr. Lischke stated that they are not ready quite yet. He said if he was issued a permit today, he isn't sure that he could finish the house in one year. Chairman Hinton explained that the requirement isn't that the house be completed in one year. Mr. Lischke stated that he is concerned that the County will take away what he has now. He ex- plained the personal problems that have created delays for them in building their house on this property. Chairman Hinton stated that if the grandfathered status was approved, then Mr. Lischke will have to apply for the building permit and build the house, in order to protect the value of the property. Mark Huth explained that the grandfather status would be granted to Mr. Lischke personally and would not extend to any person that may purchase the property in the future. Chairman Hinton clarified again that the grandfather status would only go to Mr. Lischke, and not to any future purchasers of the property. Mark Huth suggested that the permit Mr. Lischke has now be reinstated. Commissioner Huntingford suggested that a letter be drafted to Mr. Lischke advising that his foundation will retain a grand fathered status. When a building permit application is submitted it will be subject to all regulations in existence at that time. Chairman Hinton reported that a letter will be drafted by the Prosecuting Attorney and approved by the Commissioners at their next meeting. The meeting was recessed at the conclusion of the scheduled business and was reconvened at 7:00 p.m. later that evening with Chairman Hinton and Commissioner Huntingford present. Commissioner Wojt was not in attendance. HEARING re: Draft Zonin2 Code Ordinance: Chimacum Hi2h School Auditorium: Chairman Hinton read the hearing procedures and opened the public hearing on the draft Zoning Code ordinance. Rick Sepler, Madrona Planning and Development Services who prepared the draft zoning ordinance, submitted and reviewed an addendum detailing corrections needed due to inconsistencies and errors and some proposed additions: . Antennas - a condition has been proposed to deal with antenna height which is consistent with the RCW. Ham radio and privately operated radio antennas are permitted in all zoning districts provided they are consistent with some reasona- ble aesthetic standard. The following standard is proposed II Ham radio antennas of less than 40 feet will be permitted in all zoning districts. Ham radio antennas of 40 feet or more will be conditional uses in all zoning districts." Bed and Breakfast Facilities - A great deal of concern has been raised regarding Section 14 Home Businesses and the appropriate number of units for a bed and breakfast inn. He suggested two units or less incorporated into an existing structure with no outward changes to the existing structure, may not require any type of public notice to adjacent property owners. If there were more than two units it may require notice to adjacent property owners. . Another issue, not listed in the addendum that should be addressed, Rick Sepler added, is an additional "pipeline" section which would refer to applications in progress at the adoption of this ordinance. This section would give applications that are largely complete at adoption, the option to vest to the current Emergency Zoning Ordinance or to the new zoning ordinance. Rae Belkin. 900 Olvmpus Boulevard. Port Ludlow. and Co-Chair of the North Port Ludlow Planning Committee. said that her testimony is regarding the Mats Mats quarry. She feels VOl 20 uc£ o ~024 Commissioners' Meeting Minutes: Week of May 23, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . that the quarry should be considered a mineral land of long term significance. She is concerned that the Planning Commission labeled the quarry property (approximately 123 1/2 acres) as heavy industrial. The land around the quarry has become a community over the past 62 years. All the residents knew the quarry was there when they purchased their properties, but they did not know that the site was a heavy industrial site. Because of the grandfather laws, this site would be given the ability to include heavy agricultural processing, aquaculture, boat building and repair, transmission facilities, an industrial park, recycling facilities (including junk yards) or water related or water dependent industrial or commercial uses. These are activities that were fought against three years ago when a graving dock was proposed for the quarry site. The neighborhood is trying to plan for the future and none of these activities are included in those plans. It remains a fact that there is no water available at that site. If marine use is allowed and excavation is required, that excavation may impact fresh groundwater quality and quantity for adjacent properties. The road intersection at the corner of Olympus Boulevard and Oak Bay Road is poorly defined, has limited sight distance and is the only way in or out, except Vernor Road at Oak Bay and that's even worse. Olympus Boulevard and Quarry Road are only 20 feet wide. There are blind spots, no pedestrian, bike riding or horseback riding shoulders, and ditches line both sides for part of the way to the quarry site. They are concerned about the cumulative effects of noise generated from the increase traffic operation of any of the uses of this site and possible nighttime operations which would also include the use of lights. Rae Belkin summarized by noting that the casual change from quarry to heavy industrial site could lead to serious consequences. The door opened through the grandfather clause has been opened wide to the current owners and whoever buys the property in the future. She feels it would be in everyone's interest to create a new zoning category that would cover mineral extraction separately from the heavy industrial category. Label this and other quarries as mineral lands and see what a change of use action might bring. Liston Bascom stated that he is a member of the Jefferson County Amateur Radio Club. There is an emergency operations center at the Sheriff's Office. They are prepared to help in any emergency that requires their communications skills. Members of the organization also serve with Search and Rescue, and many are trained to work with a helicopter. Mr. Bascom then read a letter from George Fiedler (see attached) who could not be present. Mr. Bascom also submitted a copy of Senate Bill 5697 which is very similar to the FCC regulations for antennas. R. W. (Richard) Anderson said that he is a FCC licensed amateur radio operator with 55 years of service. The draft ordinance: a) fails to recognize certain limited preemptive regulations issued by the Federal Communications Commission as well as the legislation of a preemptive nature passed by the Washington State Legislature as amendment to the RCW, and b) in his opinion, the proposed ordinance fails to comply with provisions of the aforementioned Federal and State actions, in that certain sections appear to be contrary to the spirit and letter of the Federal and State preemption. Mr. Anderson then summarized the statement made in State Senate Bill 5697, and reported that this law was effective March 23, 1994. He continued by noting that he feels the provisions of Section 7.2 and 7.3 of the draft ordinance exceed in complexity and scope the "minimum practicable regulation to ac- complish local governments health, safety and aesthetic concerns." The amateur radio community has worked through their national organization to craft ordinances with local governments which provide adequate safeguards for local government interests while honoring the minimum practical regulations mandated. He reported that their organization has access to this material and prefer to find a solution at the draft stage of this ordinance. Mr. Anderson concluded his statement by noting that amateur radio is a public service that vot 20 f~G~ o 1025 Commissioners' Meeting Minutes: Week of May 23, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . local government should value because they have served emergency management in Jefferson County for years. They support all manner of civic activity communication needs and they need support in return. The proposed ordinance can be drafted to increase their ability to help in this county. Bette Avila, President of Jefferson Search and Rescue and an amateur radio operator, urged the County to work with amateur radio people in finalizing the ordinance. Jefferson County Search and Rescue uses these people exclusively and when there is a rescue in the Olympics they are the only link to the outside world in contacting the hospital, the Sheriff's Office, etc. Julie Jaman. 790 McMinn Road, Port Townsend, stated that her concerns specifically deal with the bed and breakfast delineations in the draft ordinance and in the addendum submitted. In the General Use (outside of Urban Areas) areas, home businesses become subordinate to the primary use of the property. This is not clear in the definition of bed and breakfasts and it should be. The addendum says "constructed as" and this wording should not exist. Notice for such a project needs to go to more than just the adjacent properties. They need to go to all interested and affected parties as well as adjacent property owners. Without the input from all affected parties, the County can't get the information needed to make an adequate ruling. There are concerns (with bed and breakfast projects) regarding the excessive use of water and sewage treatment, as well as concerns for strangers in a neighborhood. She urged that bed and breakfast projects be a conditional use in this ordinance because this type of project changes the area it is in. In rural areas, what might work in one area will not work in another. W.E. Seton. 4890 South Discovery Road, Port Townsend, said that he has submitted his comments on the draft ordinance text to Rick Sepler. He has comments on the maps for this ordinance. These maps are not logical in the criteria they used from one area to the other. In Gardiner the commercial area is 9,500 feet long (1 3/4 miles) up and down the Highway. When he was on the Planning Commission the commercial area in Gardiner was set from the "y" west of the Gardiner Store to the road that goes to the boat launch. This was about 1,000 feet. 9,000 feet is ridiculous. Beaver Valley is another area of concern. The commercial area at Beaver Valley has never been anything but one store. The map now includes about 30 acres of commercial area. Chimacum is another area which includes 10 acres of a farm that has never been commercial. At Four Corners, Mr. Seton noted that he has had commercial/industrial property in that area for the last 39 years. The new maps cut that area in half. He then read the Planning Commission comments on Four Corners (map 8 Airport Light Industrial and Four Corners Neighbor- hood Commercial,) "as the result of the following consideration the commercial zone at the Four Corners intersection was expanded as shown on the attached map." Mr. Seton added that he doesn't know what it was expanded from. l'The Quimper Peninsula does not have much neighborhood commercial, thus increasing the available commercial area will decrease the need for rezone petitions. The recommended expansion will create a commercial zone at this intersection as directed by the Comprehensive Plan. The commercial area is defined in the Comprehensive Plan with a dot. The Planning Commis- sion definition of this dot is consistent with the interpretation at the Beaver Valley and Center intersection." Mr. Seton pointed out that the dot at Beaver Valley was expanded to about 30 acres, from just the area around the store. The dot at Four Corners, where there has been commercial and industrial for the past 39 years, got cut in half. He asked that the Commissioners take a good look at all of the maps. They do not comply at all to the criteria in the Comprehensive Plan. Leonard Palmer, 333 Mats View Road, Port Ludlow, stated that his concerns are about water, the quarry, and traffic changes that have occurred through planning. He noted that he has been an amateur radio operator for about 40 years. The amateur radio community provides support when telephone lines are down and when other emergencies occur. They VOL 20 rA~£ o :1026 Commissioners' Meeting Minutes: Week of May 23, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . are a vital part of emergency services. He urged consideration in supporting this group that is a vital resource in an emergency. He continued by noting that water is another very important issue in this County. Many of the people within the County like to live on the waterfront. Most of the waterfront areas are vulnerable to salt water intrusion. Mats Mats Bay is a vulnerable area for salt water intrusion. Land use planning, if it doesn't account for the disparity in the density in places that people want to congregate and the presence of water, which is worse along the shoreline, will cause a very serious disaster. Many plans require that people have wells on their own property and since there are properties near the shoreline, we're increasing the draw down of water in an area where salt water intrudes. The obvious solution is to require water systems which are developed upland in the hillside areas and to limit or severely restrict wells that can be developed along the waterfront. Mr. Palmer continued by noting that he supports Rae Belkin's comments regarding the quarry. He feels the quarry is appropriate where it is, but it has a limited life and that life should expire. This area should not be zoned industrial. It should be a limited term zoning because it is in an area with salt water intrusion, limited water supply, traffic, noise, and dust impacts. He added that with the expansion of people and populations, everything that happens to roads obstructs the free flow of traffic. Land use planning doesn't inhibit driveways, commercial development along roadways, etc. If there are areas that become congested it would be appropriate that, if they slow down traffic, that area should provide funds for alternate roads which will allow the traffic to flow through. We're seeing progressive congestion in every community in the country. It would be wise for us to eliminate the continual progressive congestion of traffic. Penn v Herrick. Chairman of the Planning Commission, clarified that the criteria used in establishing the commercial zone that Gene Seton commented on, was that the area was zoned commercial in the Interim Zoning Ordinance. She added that the property that Mr. Seton spoke of (at Four Corners) was not zoned. There is a process in the Interim Zoning Ordinance which allows owners of property to petition to have their property rezoned. She asked that the County use that criteria consistently. Oliver Gardner, Port Ludlow, stated that he is an amateur radio operator and concurs with the comments that have been made on that subject. He then asked about Map 2 which identifies the commercial area for Port Ludlow. It refers to Cl but does not list a Cl area on the map. He noted that this map is misleading because the County has already zoned another 30+ acres along Oak Bay Road as commercial. He feels that should be shown on the map to make it correct. Commissioner Huntingford reported that the Board approved and adopted a map today that does show the total commercial area in Port Ludlow. Hugh Locke, Mats Mats, stated that he agrees that there is 120 acres at the Quarry. He reported he doesn't understand the difference between mining and heavy industrial. He considers mining heavy industrial. As far as the research done when General Construction was considering a contract to build bridge pontoons, nothing ever came out of that because the company opted out of that project. There is approximately 135 acres in the whole quarry site with 120 acres permitted for mining. If this area was considered for heavy industrial also, there is a boundary around it of at least 300 feet. As far as traffic is concerned, who knows what heavy industrial or mining activities would bring. He questioned what impact there would be to traffic if the quarry site was to be developed into a golf course and housing. This site has been there for 62 years. Charles O'Hara. Port Townsend, stated that the Marrowstone Island map doesn't include any indication of a commercial enterprise where Smitty's RV Park is located. He added that there is also a clamming and oyster business at Mystery Bay. He has been an VOL 20 rAGE o 1027 Commissioners' Meeting Minutes: Week of May 23, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . amateur radio operator for five years and been in Olympic Mountain Rescue for 18 years. The involvement of amateur radio in support of rescue operations which include bringing hunters, hikers and skiers out of the Olympics, is very important. The issue of antennas and the ability to put up the necessary means to communicate is critical to their support of the local area. He concluded by noting that he echoes the comments made by George Anderson. Penny Herrick. clarified that the Mats Mats quarry is represented as it is in this ordinance because the resource lands ordinance is not yet in place. This site might be designated as a mineral land resource area. Because the resource lands aren't designated yet, this site was listed as heavy industrial to protect it for mineral extraction. She added that she doesn't feel this gives the expectation that other types of industrial uses would be appropriate at this site. J.C. Burris, 171 Arcadia West, Port Townsend, said that he is concerned about air and water quality. He added that he sees real traffic problems eventually. He doesn't see that there is anything (in this ordinance) to address roads. He feels many things have been left out of the planning that should be included in it. Commissioner Huntingford responded that many of these concern will be taken care of during the Comprehensive Plan update process. He noted that the County is looking at road problems, etc. Julie Jaman, seconded the comments made by the man who discussed salt water intrusion. She then addressed Map 7 (Irondale) which shows a huge industrial section where the log dump is located. She feels this is most inappropriate because of the residential neighbor- hood that surrounds the log dump. She feels it would be inappropriate to zone that area for uses that would have a tremendous impact in this heavily built residential area. Such uses should be conditional and not mapped as heavy industrial. The Highway 20 corridor also shows heavy and light industrial uses allowed all along the corridor. The Glen Cove and Airport area can handle a tremendous amount of industrial use. To zone out such a huge segment of Highway 20, where people don't want strip development, seems to fly in the face of what the citizens have asked for and suggested. She asked that the Board reconsider these classifications. Bvron Swi~art, representing Puget Power, stated that the term "tower" in the ordinance should be defined. Towers are listed in the Use Table as being exempt from building heights under Section 12. If this isn't defined, the term could be interpreted to include power poles. In the permitted land use section the words "energy facilities" are used. He recommended that this wording be dropped in favor of the word "utilities." The defini- tion of energy facilities refers to the definition of utilities. Dropping the words "energy facilities" would help clarify the Use Table. On page 67, under signs, Mr. Swigart recommended that the signs used by utilities be included in the exemptions. "High voltage" signs around sub-stations and cable stations are required by Federal and State law. He then supported the Planning Commission's recommendation in their March 14, 1994 letter dealing with exemptions. He added that he agrees with their recommendation #19 which deals with the installation and operation of electrical facilities. He has submitted (see attached) a definition for the County's consideration and he believes that it is ap- propriate to insert it in the Zoning Ordinance because it would make it consistent with SEP A. He will submit further comments in writing. Chairman Hinton closed the public hearing and advised that written testimony will be accepted at the Commissioners Office until 5:00 p.m. on Friday June 3, 1994. VOI_ 20 ur,~ o 1028 Commissioners' Meeting Minutes: Week of May 23, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The meeting was recessed at the conclusion of the hearing on Monday evening and reconvened on Tuesday morning with Chairman Hinton and Commissioner Huntingford present. Commissioner W ojt was not in attendance. Decision re: Conditional Use Permits #IZA94-0006 and lZA94-0007: To Establish Two (2) Bed & Breakfasts Consistin2 of Twelve (12) Units: In Conjunction with Two (2) Proposed Sin21e Familv Residences: McCurdv Point: Middlepoint Land Conservancy. Lee Wilburn. Applicant: (See also Minutes of May 16, 1994) Development Review Manager Kent Anderson presented proposed conditions to address the issues that were discussed at the last hearing. Commissioner Huntingford asked how the County could be sure that the bed and breakfast was subordinate to the primary residential use of the structure? Kent Anderson answered that this would be reviewed as other bed and breakfast establishments have been in the past. Chairman Hinton asked if under the CC&R's the lots can be subdivided any further? Prosecuting Attorney Mark Huth reported that the lots cannot be subdivided further. Chairman Hinton then asked if any other conditional use permits for home businesses would be precluded? Mark Huth answered that it does not preclude them. Chairman Hinton stated that the Interim Zoning Ordinance is not very clear about what is considered architecturally and aesthetically compatible with the surrounding area. This home could exceed what is in the area now which includes trailers, mobile homes and fifth wheel recreational vehicles. He doesn't feel that compatibility is a real issue. He suggested that a condition be added that the compatibility could be reviewed at a later date. Kent Anderson stated that he feels the Department needs plans to review to determine if the structure is architecturally and aesthetically compatible. Mark Huth suggested that a condition be placed on the project stating that prior to construction the applicant will submit plans for review and approval by the Planning Department. Commissioner Huntingford stated that he spent some time last week reviewing the Hearing Examiner's hearing tapes. He also noted that he is concerned about the status of the conservation easement if this project goes into default and that easement may no longer be valid. He understands that the purchasers of these lots, bought them based on the characteristics of the area, but is concerned about how they would feel if this property goes through a Court action and the area in the Conservation Easement reverts to the property owner. It seems fairly clear to him, after listening to the testimony, that Mr. Wilburn does have rights under the Interim Zoning Ordinance to do some of these things. He doesn't know if the County should make the decision for someone else about whether they can do a home business. He has talked with staff about what could be done to condition some of the impact to the area. The Planning staff has suggested that one bed and breakfast with up to six rooms be considered for approval. Commissioner Huntingford moved to adopt the Planning staff recommended conditions and have them develop findings of fact to allow one bed and breakfast on the lot of the applicant's choice. If another bed and breakfast is to be built, it would have to go through the conditional use permit process again. Chairman Hinton amended the motion to add the three conditions as recommended by the Planning staff which are: 1) the conditional use permit is for only one bed and breakfast. The approval is of a floating nature for the applicant to make a decision on which lot to build the residence, 2) Should the applicant desire a second bed and breakfast at a later date, they will need to complete the ap- propriate application for a conditional use for that property, and 3) the Planning Depart- ment will review the site plan and design of the structure to make sure that the building is compatible with the surrounding neighborhood at Middlepoint. Commissioner Huntingford agreed with the amendment to the motion. Chairman Hinton seconded the motion. VOL 20 rA['; OiO~9 Commissioners' Meeting Minutes: Week of May 23, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chairman Hinton reported that this action does not change the designation of the property. The Chairman called for a vote on the motion. The motion carried by a unanimous vote. Mark Huth reported that the Planning Department will draft the findings and they will be submitted to the Board for final approval. MEETING ADJOURNED JEFFERSON COUNTY OF COMMISSIONERS SEAL: ATTEST: ~~~ ~rna L. Daney, , Clerk of the Board ~ (tx r JA-óp j f]ÍJ::£n PP) Richard Wojt, Member 'Jot 20 t~(j n 1-030