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HomeMy WebLinkAboutM091994 ð,..::::-: Q MINUTES WEEK OF SEPTEMBER 19, 1994 The meeting was called to order by Chairman Robert Hinton. Commis- sioners Richard Wojt and Glen Huntingford were both present. COMMISSIONERS' BRIEFING SESSION APPROVAL OF THE MINUTES: Commissioner Huntingford moved to approve the Minutes of September 6 and 12, 1994 as submitted. Commis- sioner W ojt seconded the motion which carried by a unanimous vote. Letter of Support; Hood Canal Water Quality Corridor Inter- pretive Plan; Pue-et Sound Water Quality Authority: Commissioner Wojt moved to approve and sign the letter of support for the Puget Sound Water Quality Authority's Hood Canal Water Quality Corridor interpretive plan grant application. Commissioner Huntingford seconded the motion which carried by a unanimous vote. GMA Update: GMA Project Manager Steve Ladd reported that the Leland Community Plan has been turned in and reviewed by the Planning Department. The County staff will be meeting with the Community Planning Committee on October 3, 1994. The North Port Ludlow community plan has also been submitted and is being reviewed by Planning staff. He then reported on what the long range Planning and Public Works staff are currently working on and what they will be working on in the near future. Gary Rowe reported that the first meeting of the Water Utility Coordinating Committee is schedule for tomorrow at the Chimacum Grange. The Committee will be meeting with the State agencies involved in approval of small water systems at 10:00 a.m. and the regular committee meeting will be at 1:00 p.m. " 41" . 26 tAr.~ 01504 Commissioners' Meeting Minutes: Week of September 19, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . James Holland, Senior Planner, reported that the landslide hazard area map for the County is being developed. There have been problems with the data used to produce these maps and this data is being reviewed for accuracy, which has caused a delay in the production of this map. Gary Rowe reported that the he will have a recommendation on a consultant to do the work on the aquifer recharge portion of the Critical Areas Ordinance. A series of workshops will be set up for technical review of the aquifer recharge issue, once this consultant is hired. PUBLIC COMMENT PERIOD: A meeting in Quilcene regarding flooding on the Quilcene River, the position of State agencies on that matter, and the statement by Larry Fay of the Health Department regarding the County taking over the approval of small water systems. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Huntingford moved to adopt and approve the items on the consent agenda as submitted. CommissionerWojt seconded the motion which carried by a unanimous vote. 1. HEARING NOTICE re: Revision of Resolution No. 128-92 (City Resolution 92-112) County-wide Planning Policy; Definition of Affordable Housing; Hearing Set for September 26, 1994 at 2:00 p.m. 2. Memorandum re: Approval, Concurrence and Authorization; Right-of-way Acquisition; South Discovery Road Improvement Project #CR1138 3. AGREEMENT, Interlocal re: Moderate Risk Waste Collection and Disposal; Port of Port Townsend 4. Request for 3rd Quarter Allocation $5,000.00; Jefferson County Conservation District 5. Adoption of Hearing Examiner's Findings, Conclusions and Recommendation for Approval; Conditional Use Permit #IZA94-0040; Tower and Antennas; Simmons Cellular of Washington 6. Final Short Plat #SP14-93; 2 Lot Short Subdivision off Lane DeChantel; William Corrigan, Applicant 7. Approval of Application For Assistance from the Veterans Relief Fund; VFW 10706, Brinnon $112.47 8. Findings, Conclusions and Approval; Conditional Use Permits #IZA94-0006 and lZA94-0007; McCurdy Point; Middlepoint Land Conservancy, Lee Wilburn, Applicant 9. Findings, Conclusions and Approval; Solid Waste Transfer Station; Jefferson County, Applicant BUSINESS FROM COUNTY DEPARTMENTS PLANNING AND BUILDING DEPARTMENT Review of Forest Practice Application as Related to Phil Dryden Short Subdivision #SUB94-0048: Associate Planner Jerry Smith reported that the Attorney for Mr. Dryden called earlier today to say that he was leaving Tacoma at 9:00 a.m. The Attorney and the project proponent were not present .. . 20 I t&G~ 01sås Commissioners' Meeting Minutes: Week of September 19, 1994 . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . at the appointed time. Prosecuting Attorney Mark Huth advised that the Board hold a public hearing on this matter. Commissioner W ojt moved to set a public hearing on this matter for October 3, 1994 at 4:00 p.m. Commissioner Huntingford seconded the motion which carried by a unanimous vote. The Board met in Executive Session with Prosecuting Attorney Mark Huth regarding potential litigation. The meeting was recessed at the end of the scheduled morning business. The Board met with Planning Department staff at the Permit Center in the afternoon. The meeting was reconvened on Tuesday morning. Commissioners Hinton and Huntingford were present. Commissioner W ojt was attending another meeting in at the Chimacum Grange. Valley Hills Subdivision Moratorium: Prosecuting Attorney Mark Huth explained that the Board clarified the extent of the moratorium on this property (see Minutes of August 1, 1994) to include the entire property, not just the portion covered by the Forest Practice Permit. The developer is asking that the moratorium be lifted from the portion of the subdivision that is not covered by the Forest Practices permit. Craig Ritchie, Attorney representing the developer, explained their request is that the moratorium only be applied to the portion of the property under the Forest Practice permit. They are also requesting a waiver of the moratorium on a portion of the redesigned subdivision that joins two cuI de sacs. This change in access was made to allow the school bus (at the request of the School District) to go through the subdivision one time. The School District in addition to requesting a fee, inspected the property with their transportation specialists and are asking that these cul-de-sac be joined. Mr. Ritchie stated that they believe the Board does not have the authority to impose a moratorium on any area except the area covered by the Forest Practice permit. A map of the proposed subdivision was reviewed which shows the 97 acres of the Forest Practice permit that is not included in the subdivision application. Commissioner Huntingford asked if the moratorium area has been replanted? Mr. Ritchie answered that he doesn't know. Phil Andrus stated that the area has been replanted. Mark Huth noted that the Planning Department asked the Board for clarification of the Subdivision Ordinance (Applicability Section) which says that parcels in the same ownership having contiguous boundaries shall be considered a single parcel and may not be further divided through the short subdivision process. Because the developer owns the entire parcel, the area left out of the subdivision (the Forest Practice permit area) could be considered a lot. The questions the Board needs to answer are: 1) Does the County have the authority, based on the Forest Practices Act, to impose a moratorium? Mark Huth stated that the County clearly has the authority to impose a moratorium on the area of the Forest Practice permit. 2) What is the scope of the moratorium? « 20 I tAŒ 0 15U6 Commissioners' Meeting Minutes: Week of September 19, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mark Huth stated that the Forest Practices Act says "land subject to the application," which means the harvest area. Does imposing a moratorium on a portion of the parcel mean that the rest of the parcel can't be subdivided? He added that he is concerned about the extension of the moratorium beyond the harvest area through the use of the County's Subdivision Ordinance. Chairman Hinton pointed out that paragraph 1 of the Subdivision Ordinance is confusing where it refers to short subdivision processes, but does not address long subdivision processes. Craig Ritchie said that the potential problem with the Subdivision Ordinance is what it would do to a large timber land owner that may only want to log a small portion (i.e. 5 acres) of a much larger piece (Le. 10,000 acres). If a moratorium was imposed on that logged piece due to the Forest Practice Act, the Subdivision Ordinance would require that the moratorium also apply to the larger piece. He also questioned how this ordinance would be applied if the contiguous ownership spanned an adjacent county? He feels that the law intends that the moratoriu- m only be for the area covered by a forest practice permit application and not all contiguous properties in the same ownership. Commissioner Huntingford stated that he would like Commissioner W ojt to review the tapes of this meeting before a decision is made. Commissioner Huntingford moved to table this matter until Monday September 26, 1994 at 10:30 a.m. Chairman Hinton seconded the motion which carried by a unanimous vote. MEETING ADJOURNED ,:# tt f ':f "" . .... ." '" ' . '...&, '\. . M \I...., A~S""t')\ cJIry1M~~bJ17 Lorna L. Delaney, Clerk of the Board JEFFERSON COUNTY D OF COMMISSIONERS VOl 20 UŒ !l 150'7