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HomeMy WebLinkAboutM110794 MINUTES WEEK OF NOVEMBER 7, 1994 HEARING NOTICE re: Ordinance No. 15-1028-94. An Ordinance Adopted bv Emer2encv Procedures: Interim Urban Growth Areas: Commissioner Huntingford moved to set the hearing on Ordinance No. 15-1028-94 for November 21, 1994 at 4:00 p.m. Commissioner Wojt seconded the motion which carried by a unanimous vote. APPROVAL OF THE MINUTES: Commissioner Wojt moved to approve the minutes of October 24, 1994 as submitted. Commissioner Huntingford seconded the motion which carried by a unanimous. Discussion re: Appointments to Various Boards and Committees: 1) Resignation from Planning Commission: The Board concurred that the resignation submitted by Ande Grahn from the Planning Commission be accepted. Commissioner Wojt moved to appoint Robert Greenway. The motion died for lack of a second. Chairman Hinton noted that he feels process of advertising vacancies on this Advisory Board should be followed. An advertisement for persons interested in serving on the Planning Commission will be placed in this week's newspaper. 2) Request for a Non-Voting Member on the Growth Management Steering Committee; Port of Port Townsend: Commissioner Wojt moved that a non-voting member from the Port of Port Townsend be added to the Growth Management Steering Committee. Commissioner Huntingford seconded the motion which carried by a unanimous vote. 3) Request for Appointment of Alternate to the Jefferson Community Network Board representing the fiduciary interest: The Board concurred that David Specter be appointed as the alternate representative on the Jefferson Community Network Board to represent the fiduciary interest. 4) Letter from the U.S. Department of the Navy; Request for Person to serve on the Remediation Advisory Board for Detachment Port Hadlock: Chairman Hinton volunteered to attend the first meeting of this advisory board. Application for Assistance from the Veterans Relief Fund: Commissioner Wojt moved to approve the application for Veterans Relief Funds in the amount of $300.00 as submitted by VFW #3213. Commissioner Huntingford seconded the motion which carried by a unanimous vote. .. 20 ~A~ 0 lW8 , Commissioners' Meeting Minutes: Week of November 7, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Letter from Ted M. Williams re: Septic Permit for Bolin2 Short Plat. Lot #4: The Board discussed the letter from Ted Williams regarding his septic system permit with Kent Anderson, Manager of the Permit Center. The date the trees were cut, the date of the Critical Areas Ordinance, the slope stability, and the best way to mitigate any impacts were discussed. The Board directed that the Permit Center staff work with Mr. Williams to resolve this issue. GMA Update: Public Works Director Gary Rowe reviewed and submitted a memo on the work being done on the GMA process. Commissioner Huntingford asked for an update on the consultant's work on the capital facilities element? Suzanne Drum reported that the next update from the consultant is scheduled for November 29, 1994. The departments and providers are providing information on specific capital projects and where the funding is coming from for those projects. Chairman Hinton asked if information is coming in on Forest Resource Lands? Senior Planner James Holland reported that he has not received any additional information on forest resource lands of commercial significance. He sent a reminder last week to the parties of interest asking for their input. Information must be received by 5:00 p.m. on Wednesday. Commissioner W ojt asked if information is being sought for agricultural and mineral resource lands also? James Holland reported that is correct. PUBLIC COMMENT PERIOD: The following items were discussed: Request for public information from the Treasurer's Office; Item 10 on the consent agenda (Broders Amended Preliminary Binding Site Plan); cutting and replacing trees on slopes; the Chairman made a statement regarding Commissioner Wojt's campaign; a problem with the building permit for repairs on a commercial building in Quilcene; the County's policy and State law on wearing of campaign buttons in the Courthouse, and the Citizens Committee recommendation on Forest Lands. BUSINESS FROM COUNTY DEPARTMENTS PLANNING AND PERMIT CENTER Hearine: Examiner Recommendation: Preliminarv Lone: Subdivision: 15 Lot Subdivision: Bav Hollow. #SUB94-0030: Port Ludlow: Pope Resources: Commissioner Wojt asked if the water monitoring condition is the same as on the Creekside and Ironwood plats? Associate Planner Jerry Smith reported that is correct. Commissioner Wojt asked if the questions about drainage have been addressed? Jerry Smith reported that Condition 17 is to mitigate those concerns. Commissioner Huntingford moved to adopt the Hearing Examiner findings and recommendation as submitted for the preliminary Bay Hollow Long Subdivision. Commissioner Wojt seconded the motion and stated that he still has some concerns about water and what will happen if it becomes a critical issue in the future. Commissioner Huntingford noted that he is also concerned, but the State Departments of Health and Ecology have the authority over water issues. He asked for an update on the monitoring program. David Cunningham, Pope Resources reported that the monitoring program is on-going and the next annual report is due March 15, 1995. vtl all fAC~ o 1779 Commissioners' Meeting Minutes: Week of November 7, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prosecuting Attorney Mark Huth pointed out that a letter was received from the State Departments of Health and Community, Trade and Economic Development stating that the County should follow the approved Coordinated Water System Plan which is still in effect. This project being within that plan, the water issue is answered. The Chairman called for a vote on the motion. The motion carried by a unanimous vote. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Wojt moved to delete items 4 and 10 and approve the balance of the items on the Consent Agenda as submitted. Commissioner Huntingford seconded the motion which carried by a unanimous vote. 1. RESOLUTION No. 115-94 re: Intent to Establish a County Road: Critter Lane 2. RESOLUTION No. 116-94 re: Intent to Establish a County Road: Third Street 3. RESOLUTION No. 117-94 re: In The Matter of: Establishing the Name for a Private Road: Orchard View Lane 4. DELETE AGREEMENT No. LA-1416, Supplement No.4 re: Costs Associated with Right-of-Way Acquisition Olanges and Intersection Relocation and Redesign; Olimacum Road Improvement, CR0953, Federal Aid Project Number RS Q161(OO2); State Department of Transportation (See item later in Minutes.) 5. RESOLUTION No. 118-94 re: In The Matter of: Revising a County Project Designated as CR0953 6. Request for Payment of Third Quarter Allocation; Port Townsend Senior Association 7. Accept Resignation; Jefferson County Tourism Coordinating Council; Dee Kamp 8. RESOLUTION No. 119-94 re: In The Matter of: Adopting Cost Allocation for Fiscal Years 1994 & 1995 9. Application for Assistance from the Veterans' Assistance Fund; from the American Legion #26 $240.00 for space rent. 10. DELETE Approval of Amended Preliminary Binding Site Plan; Port Hadlock Village Mobile Home Park; Dick Broders, Applicant (See following item.) 11. Appointment to the Solid Waste Advisory Committee; Port Townsend Paper Representative; (replaces Mike Rice) Karen Lull-Butler Approval of Amended Preliminarv Bindine: Site Plan: Port Hadlock Villae:e Mobile Home Park: Dick Broders. Applicant Commissioner Wojt moved to approve the amended preliminary binding site plan for the Port Hadlock Village Mobile Home Park with an additional amendment stating that the term "in perpetuity" in this document means the life of the project. 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 from 11:15 a.m. to 11:30 a.m. vèí . ~-ø.. Ur,~ o 1780 Commissioners' Meeting Minutes: Week of November 7, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PUBLIC WORKS DEPARTMENT time. IIa Mikkelsen re: Surplus Properties: Item postponed to next week at the same Hearin2 Examiner's Findin2s. Conclusions. and Recommendation: Petition to Vacate Woodman Road : Located on East Discovery Bay near the Intersection of SR20 and Anderson Lake Road: Dou21as and Jane Kurata. Applicants: Public Works Administrative Assistant Eileen Simon reported that the applicant has begun construction on an alternate road to provide access to the south. Chairman Hinton asked when the road will be completed? Doug Kurata answered that they are currently constructing a portion of the road which will serve as their driveway. The Gunstone's will be constructing their portion of the road sometime before September of 1996. They have indicated that they are waiting for drier weather before beginning construction. Commissioner Wojt moved to adopt the Hearing Examiner's findings, conclusions and recommendation on this vacation petition. Commissioner Huntingford seconded the motion which carried by a unanimous vote. Bud Porter. American Le2ion re: Veteran's Assistance Fund: Bud Porter, representing the American Legion, reported that RCW 73.08.070 provides for burial of indigent veterans. He noted that an application for funds to pay for a veterans cremation was not approved. He then reported that other applications have been turned down and he doesn't feel the reasons were justified. He stated that he feels that the veterans in this County are not getting a fair shake. Chairman Hinton noted that in a current listing of the applications received the reason many of them have been turned down, is because the forms have not been filled out correctly. The Board suggested that Mr. Porter and the American Legion Service Officer work with the Service Officers Association to resolve their problems. HEARING re: Emere:ency Bud2et Appropriations and/or Extensions: Various County Departments: Chairman Hinton opened the public hearing on the requests from various Departments for budget appropriations and extensions. Hearing no comments for or against the requested appropriations/extensions, the Chairman closed the public hearing. Commissioner Wojt moved to approve RESOLUTION NO. 120-94 authorizing the budget appropriations and extensions as requested by the following Departments: Animal Services $5,000; Clerk $54,900.00; Cooperative Extension $25,700; Permit Center $63,955.00; Flood/Stormwater Fund $7,500; and Construction and Renovation Fund $105,000. Commissioner Huntingford seconded the motion which carried by a unanimous vote. PLANNING AND PERMIT CENTER HEARING re: Class 3 Forest Practice Permit 02-12950: Short Subdivision SUB94-0048: Phyl Dryden. Applicant: Chairman Hinton opened the hearing regarding the Class 3 Forest Practice Permit on the Phyl Dryden Short Subdivision #SUB94-0048, read the hearing procedures, and asked the following questions: vaL [20 fAC~ 01781 Commissioners' Meeting Minutes: Week of November 7, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Q) Is there anyone in the audience who objects to the participation of any of the County Commissioners in these proceedings? A) No one objected. 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) All three Board members answered no. Associate Planner Jerry Smith reported that this hearing is the result of a short subdivision application submitted by Phyl Dryden, one of the property owners of a six (6) plus acre tract that was covered under the Class 3 forest practice application which was issued in November 1992. There are two other parties that own properties that also have an interest in this hearing - the Hilliard's and Mr. Adachi. Phil Dryden. P.O. Box 922. Puvalluµ. W A 98371. stated that he was an innocent purchaser and had no monetary benefit from the forest practice permit because it was a prior landowner that had entered into that permit and received the proceeds from the timber sale. He had a pre-application meeting with the County prior to closing the sale on this property to find out what would be required to do a short plat on it. This matter did not come up at that time. His property is a relatively small portion of the area covered under the FP A. The landowner that did the FP A still owns the 80 acres behind his parcel. If a moratorium is imposed on this property it will create a financial hardship on him. Chairman Hinton asked when this parcel was subdivided? Jerry Smith reported that the parcel was subdivided in the 1980's, when this type of subdivision was exempt from any regulation or approval from the County. The logging of the site occurred just this summer. Mr. Dryden reported that he purchased the property in March, prior to the commencement of logging activity. Prosecuting Attorney Mark Huth asked if the previous owner reserved the timber rights on the property? Mr. Dryden answered that the previous owner did reserve the timber rights through an unrecorded agreement. There was nothing of record on the property. He confirmed that he did not have any idea that the property was going to be logged when he purchased it. Fred Hilliard stated that they purchased their property in December of 1993. They understood that there would be logging activity on their property. They feel that the degree to which the property was logged compromised the road into the property unnecessarily and to their detriment. Barbara Hilliard stated that it took quite a while for them to obtain the forest practice permit. She read the logging plans, discussed them with the DNR, and was assured that there was no problem for them to build on their land. They have been told since that they can't build until November 16, 1995. They were never told this before. She then asked who is going to build the road into the property and pay for it? Commissioner Huntingford asked if the DNR approval of the logging included conditions about where trees were to be left? Mr. Hilliard answered that the document stated that a 50 foot buffer was to be left on public and private roads. Its hard to determine where the buffers were to be left, especially on the winding road. Barbara Hilliard reported that they purchased VOL 20· f'AŒ o 1782 Commissioners' Meeting Minutes: Week of November 7, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . the property knowing what the logging plan was, but the cut wasn't done as they expected, especially along the road. Chairman Hinton stated that in the Forest Practice Application there were sections indicating what areas would be clear cut and thinned. He asked if the Hilliard's had a chance to review that map before the logging? Mr. Hilliard answered that they were sent maps and they hired a professional to help them interpret where the cutting would take place on the site. They are less concerned today with what happened on their property, and are more concerned about the road. They don't understand why there wasn't a buffer left along the road. Commissioner Huntingford asked who is responsible for replanting after the harvesting? Mr. Hilliard reported that the company that logged the property is required to do the replanting. Mark Huth explained that Quava Trust is the company listed on the application to do the post harvest site preparation. The DNR enforces the provisions of the FPA. Commissioner Huntingford asked who paid the compensating tax when the property was taken out of the designated forest classification? Mrs. Hilliard stated that she doesn't think it has been paid yet by anyone. Phil Dryden reported that the parcel of property he purchased had been taken out of the designated forest classification and the compensating tax was paid. Commissioner Huntingford asked if the whole parcel that was logged was for sale. Mr. Dryden and the Hilliard's stated that don't think that the whole parcel was for sale. Chairman Hinton asked how they knew this property was for sale? Mr. Hilliard stated that they have been looking for property on the Toandos Peninsula for years, and had a Real Estate Agent advise them when any parcel was offered for sale. Seiichi Adachi. 19223 34th Ave. So. Seatac, W A asked for clarification of who is required to put the road in to the subdivision? Mark Huth reported that he presumes Mr. Dryden will construct the road within his plat, but he is not required to bring the road up to County standards, all the way to his plat. Commissioner Huntingford noted that the subdivision of this property was done years ago before all of the current regulations (regarding roads, etc.) were in force. Chairman Hinton noted that the issue before the Board today is the moratorium on the subdivision, not the road. The discussion continued regarding the road, why it was built, who built it and its condition. Rob Clark. Quilcene, reported that the road was constructed in July 1993 and did not exist before that. Weyerhauser put the road in to log the property. The road itself is not steep. Phil Dryden stated that he knows that the road issue will have to be resolved when the subdivision application is reviewed, but today is a review of the moratorium issue. Commissioner Huntingford questioned how this issue can be resolved when the people that own the property are not the ones that logged the property under the Forest Practices Permit. These property owners have no control at this point over the logging or the replanting. Mark Huth reported that the County has in the past imposed a moratorium when that was the case. He noted that the property owners recourse is against the person they purchased the property from. Chairman Hinton noted that the County's Interim Timber Conversion Policy states that the conversion of land to non-forest uses shall mean the subdivision of land or the preparation of land for subdivision or construction. In this case, Quava Trust has not subdivided or prepared the land for subdivision. They sold the land. Commissioner Huntingford asked if Mr. Dryden feels that Quava Trust will replant this property? Mr. Dryden reported that from what he has found out about Quava Trust, he feels VOL :20 fAr,~ 0:1783 ~l Commissioners' Meeting Minutes: Week of November 7, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . it will take the help of DNR to get them to replant the property. Quava Trust does still own the back 80 acres of this property. Commissioner Huntingford added that if the moratorium is implemented then none of the property owners can do anything on their property for the length of the moratorium. Chairman Hinton asked for a legal interpretation of the County Timber Conversion Policy? Mark Huth stated that he interprets the policy to mean that the moratorium could be imposed on the current owner of the property. The County could also impose the moratorium on the entire parcel included in the FP A. Chairman Hinton asked if the selling of the property is a conversion? Mark Huth reported that it is, if the property is sold to someone with the idea that they will establish a residence there. He asked how the property was marketed? Rob Clark answered that the property was never marketed as timber property. Barbara Hilliard added that they told the seller that they were going to place their house on the property. The discussion continued regarding who is and should be responsible for the conversion of this property. Hearing no further comments, the Chairman closed the public hearing. Chairman Hinton asked if the RCW's consider selling this land an actual conversion? Mark Huth answered that if the seller sold the property knowing that the land was not going to be used for timber production, then they converted it to a non-forestry use. Commissioner Wojt suggested that one option would be to have Quava Trust pay a fee for the replanting or to make them replant the property. Chairman Hinton asked how the County can make these people (the current property owners) replant? Mark Huth reported that the DNR enforces the Forest Practice permit provisions. Commissioner Wojt moved to impose a six year moratorium on the Quava Trust Land under the Forest Practice Permit and that the moratorium not be applied to the land that was sold (four parcels - Dryden, Hilliard and Adachi), but that these parcels be replanted. Commissioner Huntingford seconded the motion for discussion and asked if Mr. Dryden, the Hilliards and Mr. Adachi want the portions of the property that they will not be building on replanted? Barbara Hilliard stated that the part of their property that they clear cut is in a gully. They would not put a house in that area and an erosion problem would be the only reason they would ask to have that replanted. Phil Dryden stated that replanting is not a concern to him. His property is level and has no streams through it. The Chairman called for a vote on the motion. The motion carried by a unanimous vote. Richard Short re: Reader Board Si2n: Richard Short reported that he has talked with a couple of planners who indicated that the County was not going to enforce the new sign guidelines which were effective September 1. He explained that he erected two signs on the last day of August. Mike Ajax, Building Official, put a tag on the signs and explained to Mr. Short that he needed a permit for them. Mr. Short noted that there are signs being put up all the time without permits. Kent Anderson reported that the Zoning Code became effective September 1, 1994 and it has definitions and a section addressing signs. Mark Huth reported that there are several definitions for types of signs in the Ordinance. He noted that the County can regulate how large the sign can be, but cannot tell Mr. Short what he can or can't put on the sign. Kent Anderson added that the State Scenic Vistas (Highways) Act also governs signs. He reported that Mr. Short's sign on the east side of the Highway is too large. Vðl 20 ur;~ o 1784 Commissioners' Meeting Minutes: Week of November 7, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Commissioner Huntingford asked what the policy is for signs that were up before the Zoning Code was passed? Kent Anderson reported that there are signs that are non-conforming, existing uses, which will stay. The discussion continued regarding the sign regulations. Mr. Short reported that he is willing to pay the fees for the building permit. Commissioner Huntingford asked the size of the signs? Mr. Short reported that he has a 4 x 8 foot sign and a 90 square foot sign. Kent Anderson reported that a personal sign can be no larger than 12 square feet. An on premise sign can be 64 square feet in size. The Scenic Highways Act prohibits off premise signs completely. The discussion turned to other options for Mr. Short to place a sign on his property. Mr. Short asked that the Board respond to his request in writing. Prosecuting Attorney Mark Huth advised Mr. Short to submit an application for a building permit for his sign. Mr. Short stated that he feels that his Constitutional rights of free speech is being violated by Jefferson County and he is being discriminated against. Dick Broders re: Old Lar2e Lot Subdivision: Dick Broders reported that years ago a large lot subdivision was surveyed and seven of the 13 lots were sold. The large lot subdivision regulations were later changed and an exemption was allowed for older subdivisions that had parcels sold. The exemption requires that the survey be recorded. Their survey was legal and they paid to have it recorded, but it was never recorded. He asked that the Board consider this a legal subdivision and grant the exemption even though the survey was not recorded as it should have been. Commissioner Huntingford asked how these parcels are being handled for taxes? Dick Broders reported that the seven sold parcels get separate tax statements based on metes and bounds descriptions. The rest of the parcels are on one tax statement. Dick Broders stated that the real issue is that the surveyor broke the law and didn't record the survey, and how that will effect this subdivision. Commissioner Huntingford asked if this survey is accepted, would there be any problem with adjacent property owners? Mark Huth stated that there shouldn't be a boundary dispute. He added that he feels this survey should be recorded. The mistake was on the part of the surveyor. The Assessor's Office will work with Mr. Broders when he has the survey recorded. AGREEMENT No. LA-1416. Supplement No.4 re: Costs Associated with Ri2ht- of-Way Acquisition Chan2es and Intersection Relocation and Redesi2n: Chimacum Road Improvement. CR0953. Federal Aid Project Number RS 0161(002): State Department of Transportation: Commissioner Huntingford moved to approve the agreement supplement with the State Department of Transportation for the Chimacum Road Improvement Project #CR0953. Chairman Hinton seconded the motion in the temporary absence of Commissioner Wojt. The motion carried. The meeting was recessed at the conclusion of the scheduled business on Monday and reconvened on Tuesday morning with all three Board members present. HEARING re: Appeal of Administrative Decision: Niichel Subdivision. #SP3- 89: Richard J. Niichel. Applicant: Prosecuting Attorney Mark Huth reported that this hearing time was advertised and there are no members of the public present. Commissioner VOL 20 rAft o 17BS Commissioners' Meeting Minutes: Week of November 7, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Wojt moved to continue this hearing to November 28, 1994 at 2:00 p.m. Chairman Hinton seconded the motion, in the temporary absence of Commissioner Huntingford. The motion carried by a unanimous vote. Request for Extension of Compensatory Time Accrual for Election Staff in the Auditor's Office: Commissioner Wojt moved to approve the request for an extension of the amount of Compensatory Time that can be accrued by Election Division staff in the Auditor's Office as requested. Chairman Hinton seconded the motion in the temporary absence of Commissioner Huntingford. The motion carried. MEETING ADJOURNED SEAL: JEFFERSON COUNTY D OF COMMISSIONERS ~~-;z~ rna L. elaney, Clerk of the Board VOl 20 ~M.~ 01786