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HomeMy WebLinkAboutM041293 .?<. '" c..t~ <;;:¡:; ~ö~ o~ Q MINUTES WEEK OF APRIL 12,1993 Chairman Richard Wojt called the meeting to order at the appointed time. Commissioner Robert Hinton and Commissioner Glen Huntingford were both present. Associate Planner Eric Toews re: Discussion of Critical Areas Ordinance: Associate Planner Eric Toews discussed the draft Critical Areas Ordinance and the individual Commissioners input into the document. Senior Planner James Holland reported that the earliest workshops can be held on the draft is the week of April 26, 1993. He suggested that workshops be held within a two week period, in Quilcene, Port Hadlock, the West End and possibly in Port Townsend. Chairman Wojt reported that the west end residents have indicated that Wednesday April 28, 1993 would be an agreeable date for a workshop there. The Board directed that workshops be arranged for Chimacum and Quilcene, but not Port Townsend and that the workshop in the West End be scheduled for April 28, 1992 at 7:00 p.m. APPROVAL OF mE MINUTES: Commissioner Huntingford moved to approve the Minutes of April 5, 1993 as submitted. Commissioner Hinton seconded the motion which carried by a unanimous vote. Application for Assistance from the Soldiers' and Sailors' Relief Fund: Commissioner Huntingford moved to approve applications for the Soldiers' and Sailors' Relief Fund for James Lyman $500.00, Robert Spafford $325.43 and Anthony Maples $500.00 as presented. Commissioner Hinton seconded the motion which carried by a unanimous vote. Proclamation re: Celebration of Thomas Jefferson's Birth and Reco2nition of the Donation of a Thomas Jefferson Print: Mter Chairman Wojt read the proclamation commemorating the 250th anniversary of Thomas Jefferson's birth, Commissioner Huntingford moved to approve and sign it. Commissioner Hinton seconded the motion which carried by a unanimous vote. Chairman Wojt displayed a picture of Thomas Jefferson presented to the County by Julian Witherow which will be hung in the Commissioners Chambers. PUBLIC COMMENT PERIOD: The following topics were mentioned during the public comment period: Confusion about a public notice on a Pope Resources Long Plat application and the deadline for comments on the project; the status of the flood control project on the Newman property in Quilcene; the need for maintenance of the gardens and lawns around the Courthouse; and the procedure for handling a shoreline violation. \]nl ' . . - 4fV.\ ;¡:VL -L r;1,'/. "t;);,,' · . Commissioners' Meeting Minutes: Week of April 12, 1993 Page: 2 APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Hinton moved to delete items 2 and 5 from the consent agenda and to adopt and approve the balance of the items as presented. Commissioner Huntingford seconded the motion which carried by a unanimous vote. 1. AGREEMENT, Amendment re: Office Lease for the Youth Activities Center in Port Hadlock; Realty World-Port Townsend Realty, Inc. 2. DELETE AGREEMENT, Amendment re: Office Lease for Permit Center/Substance Abuse; Castle Hill Shopping Center; James and Noreen McCarron 3. RESOLUTION NO. 34-93 re: Revising a County Project Designated as CR0953; Chimacum Road Improvement; M.P. 0.06 to M.P. 0.44 4. AGREEMENT, Supplement No.2 re: Chimacum Road Improvement; State Department of Transportation 5. DELETE CONTRAcr re: Solid Waste Transport and Disposal Services; Regional Disposal Company 6. RESOLUTION NO. 35-93 Hearing Notice re: Application for Franchise; To Construct, Operate and Maintain an Effluent Line; Trails End Homesites; Wally Pederson, Applicant; Setting Hearing Date for Monday, April 26, 1993 at 10:30 a.m. 7. RESOLUTION NO. 36-93 re: Statutory Vacation of a Portion of a platted alley; Tibbals Lake Park; Roy and Junko Harris 8. Approval of Claim #C-05-93; Statutory Road Vacation fee should not have been imposed; $2,250.00; Sharon Southard 9. Applications for Assistance from the Soldiers' and Sailors' Relief Fund; Steven J. Gurbal, $100.00; Nanette M. Cintron, $500.00 10. Letter of Appreciation to the Solid Waste Advisory Committee BUSINESS FROM COUNTY DEPARTMENTS: PUBLIC WORKS Glen Gustavson and Ray R02ers re: Presentation on East Ouilcene Bay Road: Glen Gustavson and Ray Rogers presented a video tape of the condition of East Quilcene Bay Road and the type of traffic that uses this road. The road is narrow and gravel for much of its length. They indicated places where they feel the County should widen the road and/or place warning signs and guardrail to improve the safety of the road and they asked that the County pave the road to the end. Glen Gustavson reported that there is a hill with a blind spot at the end of the blacktop and at milepost 4 which need to be improved. He noted that many people drive up this road to look at the waterfront property along it, the road is not wide enough for many of the emergency vehicles (fire, etc), and there are more properties being developed along the road. The need for safety, the dust, and the liability from accidents due to poor road maintenance are problems that need to be addressed by the County. The taxpayers in this area feel it is their turn to have this road repaired. He then presented a petition signed by over 50% of the taxpayers along this road asking for repairs and maintenance. Public Works Director Gary Rowe explained the process used by the County to analyze road conditions and determine what roads need repair. A priority list for road work is established which also identifies funding available for the work. To do major improvements to this road will be very expensive and it will take a substantial amount of work to design a road that will meet the needs of the County and the property owners in the area. The County owns a forty foot right-of-way along this road. He added that there is no question that the road needs improvements, the question is where it will fall in the priority list for funding. Chairman Wojt asked if the property owners can form a Road Improvement District (RID) to do the necessary repairs? Gary Rowe reported that there are currently two Road Improvement Districts in the County for private roads. An RID can be used to improve a County road as well. Mter more discussion of the County taxes paid for roads, Gary Rowe reported that only about 30% of the entire Public Works Department budget comes from property taxes. Funding also comes from gas taxes, forest funds and federal and state grant funds. :. VOL /~ rM/ 401 · . Commissioners' Meeting Minutes: Week of April 12, 1993 Page: 3 Glen Gustavson reported that the East Quilcene Bay Road has been listed on the six year road program twice, but the work has never been done. Gary Rowe reported that projects are placed on the list but in the cas.e of the East Quilcene Bay Road, the funding did not come through. He added that the Public Works Department will review this road to identify the areas that need the most work and then possibly they can schedule some work on those areas. Lloyd Cahoon. Port of Port Townsend re: Port Hadlock Boat Ramp: Port of Port Townsend Manager, Lloyd Cahoon, explained that the Port built and maintains the boat ramp and floats at Port Hadlock, which is located on County property. They are doing a project this year to slow down and stop sand covering the boat ramp. Since the Port is responsible for the continuing maintenance of this facility they would like to have this property transferred to their ownership. Community Services Director David Goldsmith reported that the County does not own this property, it only has an interest in it's use as a street as part of a plat. He reported that the County can issue a license to the Port to use this property, or the property' can be vacated for specific Port purposes (boat launch). The Board directed that an intent to vacate this portion of the street be initiated. PLANNING AND BUILDING HEARING re: Appeal of Final Miti2ated Determination of Non-Si2nificance; Construction of the Shold Business Park; Leonard Heim. Appellant: Prosecuting Attorney Mark Huth reported that the appellant, the Planning Department staff, and the project proponent met and have worked out a settlement agreement on this appeal. This matter has been resolved and Mr. Heim will withdraw his appeal. Frank Gifford re: AGREEMENT. Amendment re: Office Lease for Permit Center/Substance Abuse; Castle Hill ShoPPin2 Center; James and Noreen McCarron: Capital Projects Manager Frank Gifford reviewed the plans for the office space to be leased for the Permit Center and the cost breakdown on the lease agreement. Commissioner Hinton moved to approve the agreement with James and Noreen McCarron for leasing office space in the Castle Hill Mall. Commissioner Huntingford seconded the motion which carried by a unanimous vote. HEARING re: Appeal of Final Decision of Hearin2 Examiner IZ-02-93; Denial of Request To Vary Maximum Buildin2 Size of 10.000 Square Feet; In- dustrial/Commercial Zone; State Route 20 and Otto Street; Ralph Ericksen. Appellant: Chairman Wojt explained the procedures for the hearing and verified that none of the Board members have an interest in the property or project or stand to gain or lose any financial benefit as a result of the outcome of the hearing and can hear and consider this matter in a fair and objective manner. Associate Planner Jerry Smith reported that this appeal is of the Hearing Examiner's denial of a variance to allow the construction of a 14,872 square foot building for a mini-storage business on property located approximately one mile south of the Port Townsend city limits. The Hearing Examiner found that the Interim Zoning Ordinance and the Highway 20 Corridor Policy both have a 10,000 square foot limitation on building size in the industrial/commercial zone. This request was denied primarily because the Hearing Examiner determined that the reasons given for the variance did not meet the criteria of the zoning ordinance for granting a variance (i.e. hardship created by the property itself). He concluded that the need for the variance was more of a personal circumstance than a circumstance related to the property. Ralph Ericksen stated that his five page letter of appeal points. out where he feels the Hearing Examiner was in error and made wrong assumptions. He feels his variance is a hardship /~ 9 AOy,() .1 r~(;Ç Lf '~G ~VOL · . Commissioners' Meeting Minutes: Week of April 12, 1993 Page: 4 caused by the land itself because of the size of the property. His land can not be used in the same way as other properties in the same area because his is larger than the typical lot size in this area. Other people are building 39% coverage on their properties, but he can not. If his property was divided in half he could build two 7,500 square foot buildings on each parcel if he owned one and his daughter owned the other, but he can't build a 15,000 square foot building on his parcel. He doesn't feel that the intent of the zoning ordinance was to regulate the size of the building. He feels the size has more to do with a cut off point between classifications. Commissioner Hinton asked when Mr. Ericksen plans to build this building? Mr. Ericksen stated that he plans to build the first phase (3,000 square feet) of the building this year with another 3,000 to 5,000 square feet in another two years and the last phase (of equal size) two years after that. He explained that each space will be about 13 feet wide by 26 feet deep and will have a garage door. The spaces will be suitable for contractors and small businesses to use as work spaces, which makes them different than usual mini-storage units. Each building will have a restroom. Jerry Smith reported that to build a 9,960 square foot building would take a parcel 34,800 square feet in size to meet all of the parking, buffer and setback requirements. The interim zoning ordinance requires one parking space for each 200 square feet of building, or 70 spaces for Mr. Ericksen's building. Mr. Ericksen stated that he should be able to build his 14,872 square foot building if he can meet all of the building requirements. The parking requirements will be dealt with when the building permit is applied for. They have nothing to do with variance. If the variance is granted that says he can build a 15,000 square foot building on this property, that is only the opportunity to build the building provided that he meets all other criteria at the time he submits his plans and specifications. Mark Huth stated that it wouldn't make sense to grant a variance for a building that can't be built because it can not meet all of the other requirements. Mter further discussion of the parking requirements and how they could be accommodated on Mr. Ericksen's property, Mark Huth suggested that the Board consider the size of the building given the standards for parking. Mr. Ericksen could apply for a variance from the parking standards. Chairman Wojt stated that if cars were parked parallel to the building 22 cars could be accommodated. Commissioner Hinton moved to overturn the Hearing Examiner's denial of this variance and to approve a variance for Mr. Ericksen to exceed the 10,000 square foot building size as long as the parking and other standards of the interim zoning ordinance are met. Commissioner Huntingford seconded the motion. Community Services Director David Goldsmith reported that the County adopted the Highway 20 Corridor Policy as part of the Comprehensive Plan. As the change to the Comprehensive Plan was drafted to address this policy, light industry was defined as industries less than 10,000 square feet in size (in a single or group of buildings) and less than five acres. Any project beyond those limits is considered heavy industry which would be reviewed as a conditional use within this zone. It was anticipated that there would be heavy industry in the Glen Cove Industrial Area. When this was addressed in the Interim Zoning Ordinance, the light industrial/commercial area of the Glen Cove Industrial Area was adopted (page 15) and the uses were permitted. If a project does not meet these criteria, the Interim Zoning Ordinance says it is a prohibited use, instead of indicating it is a conditional use. The hardship created for Mr. Ericksen is how the policy is applied through the Interim Zoning Ordinance. The issue is how the policy is applied in this interim code. David Goldsmith explained that it is clear that the policies of the Comprehensive Plan anticipated heavy industry in that zone, uses that are larger than 10,000 square feet, and uses that would be greater than five acres. Mark Huth reported that the Hearing Examiner has to look at the policies and the ordinance literally because that is his charge, but the Board is allowed to find a way on a policy basis r \I~' 1 q r,~rr 40:1 Jo ..... '" II Commissioners' Meeting Minutes: Week of April 12, 1993 Page: 5 to solve problems such as this one and allow the proposed project to proceed. The spirit of the law can still be met and Mr. Ericksen can be granted the variance. Chairman Wojt opened the hearing for public comment. Bernie Arthur stated that he has owned property in the Glen Cove area for years and he feels that the intent of the property owners and the County is that area be used for industrial and light industrial uses. If the ordinance allows less than 40% lot coverage then it is wrong. Hearing no further comments the Chairman closed the hearing. The Chairman called for a vote on the motion. The motion carried by a unanimous vote. HEARING NOTICE re: Appeal of Final Decision of Hearin2 Examiner; Denial of Buildin2 Permit; Ouilcene; Marian Lakeness. Appellant: Commissioner Huntingford moved to set the hearing date of Monday, April 26, 1993 at 2:00 p.m. for the appeal of the Hearing Examiner denial of a building permit. Commissioner Hinton seconded the motion which carried by a unanimous vote. PUBLIC WORKS BID OPENING re: Under2round Stora2e Tanks ER1086; Hadlock Shop: Capital Projects Manager Frank Gifford opened and read the bids received as follows: BIDDERS O'Sullivan Petroleum and Equipment Co., Seattle Pacific Environmental Services Co., Port Townsend BID TOTALS $117,853.33 89,743.50 110,000.00 Engineer's Estimate Commissioner Hinton moved to award the bid to Pacific Environmental Services, Company of Port Townsend. Commissioner Huntingford seconded the motion which carried by a unanimous vote. Chairman Wojt asked that the bids be checked for accuracy. MEETING ADJOURNED SEAL: ATTEST: ~ i:") AD ~ VOL _L ~j fy: 'i ~ti