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HomeMy WebLinkAboutM110193 MINUTES WEEK OF NOVEMBER 1, 1993 The meeting was called to order by Chairman Richard Wojt at the appointed time. Commissioner Robert Hinton and Commissioner Glen Huntingford were both present. Associate Planner Eric Toews re: Discussion of Critical Areas Ordinance Hearin2 Format: Associate Planner Eric Toews presented draft 6 of the proposed ordinance with all of the changes requested by the Board and the independent legal counsel. The proposed ordinance will be published in next week's edition of the Port Townsend Leader in its entirety. He then discussed the proposed format for the public hearing. The original direction from the Board was to hold a hearing first on the range of options that the Board has to choose from and then to take public comment on the document. This approach will make the hearing notice complex and possibly confusing and may confuse the public who will be at the hearing to present testimony on the draft document. Eric Toews suggested that the Board hold a workshop one Monday in November to build the decision making record. Commissioner Hinton suggested that the workshop be held after the public hearing. Eric Toews and Craig Ward agreed that may be the best way to proceed. Craig Ward stated that it could be very frustrating for people who come to the hearing prepared to give testimony and then have to wait or come back the next day to give their testimony. The Planning Department is suggesting that these processes be bifurcated. Commissioner Hinton moved that the hearing be held on November 22, 1993 at 7:00 p.m. in the Superior Court Courtroom and that the public record be kept open until November 30, 1993 at 5:00 p.m. and to hold the workshop on proposed ordinance on December 13, 1993 at 2:00 p.m. Commissioner Huntingford seconded the motion. The motion carried by a unanimous vote. Associate Planner Eric Toews re: Discussion of Review and Approval Process for the Zonin2 Ordinance: Eric Toews reported that Rick Sepler has produced a pre-release draft of the Zoning Ordinance which Planning staff will be reviewing this week. A public draft of the proposed ordinance will be released Wednesday November 10, 1993. The Planning Department assumed that this is a Board ordinance on which the Planning Commission will review and submit a report to the Board. Copies of the draft ordinance will be provided to the Planning Commission on November 12, and they can hopefully begin their review of it on November 17, 1993. In order to proceed with this ordinance in a timely manner, the Planning Commission must have their report ready to be forwarded to the Board by December 10, 1993. Rick Sepler noted that in its earliest form the proposed ordinance is about 70 pages long. Community Services Director David Goldsmith reported that the Interim Zoning Ordinance, which this proposed ordinance will replace, will expire December 31, 1993. Eric Toews stated that a tentative date of December 14, 1993 has been identified for the Board's public hearing on this draft ordinance. After discussion of the time needed for review of the draft ordinance, Commissioner Huntingford submit their report. The Planning Department will report back to the Board after discussing this with the Planning Commission. (J nn :17t:7.. L,., a \ ' Commissioners' Meeting Minutes: Week of November 1, 1993 Page: 2 Wally Pedersen Request to Install Effluent Line Under Franchise Granted by County: Wally Pedersen asked the Board to approve his application for franchise to install an effluent line in the Dickey Street road right-of-way in this good weather (See Minutes of November 9, 1992). The State needs to inspect the drainfield before the franchise approval can be finalized, but the inspector can't come for two weeks. He explained that everything else for the franchise is approved, the bond is posted, and he has paid for the permit. He added that the line will be inspected by ADA engineering. Public Works Director Gary Rowe reported that it has been the policy of the County that utilities not be installed under a franchise until all the required permits are issued. If Mr. Pedersen wants to take the chance of installing the effluent line before the septic system permit is issued, the Board can change the policy. Commissioner Huntingford reported that he asked Linda Atkins of the Health Department about this situation and she reported that she di.dn't think there would be a problem with the septic permit being issued. She did stated, however, that Mr. Pedersen would be taking a risk to install the effluent line before the State permit is issued. Mr. Pedersen stated that he understands the risk he is taking. Gary Rowe clarified that the risk Mr. Pedersen is taking is that he may have to abandon the effluent line or remove it if the State doesn't approve his septic system. Commissioner Huntingford moved to allow Wally Pedersen to install the effluent line per the conditions of the County's franchise knowing that there may be consequences if the State does not issue the permit for his septic system. Commissioner Hinton seconded the motion which carried by a unanimous vote. PUBLIC COMMENT PERIOD: The following subjects were discussed: The County's intent to sell surplus real property; a request from the Discovery Bay Planning Committee for a letter from the Commissioner's outlining what authority the group has; and the mapping for the critical areas ordinance. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Hinton moved to delete items G and K and to approve the balance of the items on the consent agenda as presented. Commissioner Huntingford seconded the motion which carried by a unanimous vote. a. RESOLUTION NO. 97-93 re: JOINT City/County Approval of GMA Regional Work Program b. CONTRACT re: Detention Services for Juveniles for 1994; Clallam County c. Hearing Notice re: CDBG Grant Application for Clallam Jefferson Community Action Council; Washington State Department of Community Development; Hearing set for November 15, 1993 at 11 :45 a.m. d. Adoption of Findings and Conclusions; Modifying the Final Mitigated Determination of Non- Significance; LP#02-92; Pulali Point Partners e. Hearing Notice re: Appeal of Final Mitigated Determination of Non-Significance; Silent Lake Large Lot Subdivision LP05-93; Hearing set for November 15, 1993 at 2:00 p.m. in the County Commissioners' Chambers f. Final Subdivision Approval; Phillips Large Lot Subdivision #LLOl-93; Off of Lord's Lake Loop Road; Bernice and Gerald Phillips g. DELETE RESOLUTION NO. _ re: Statutory Vacation of a Portion of Cedar Avenue and Third Street; In the Plat of living Park Addition; J.C. and Patricia Burris h. CONTRACT, Amendment #1; Additional Funding for Zone Change Petition Work; Shockey/Brent, Inc. i. Approve and have Chairman Sign; Performance Bond; Regional Disposal Company j. RESOLUTION NO. 98-93 re: Statutory Vacation of a Portion of Second Street; In the Plat of Eisenbeis Bay View Addition; Ken Bourland k. DELETE RESOLUTION NO. _ re: Joint Resolution with the City of Port Townsend; Establishing Interim Level of Service Standards for Public Services and Facilities located inside and outside of Urban Growth Areas . \ a f:;C)~ GO :1758 Commissioners' Meeting Minutes: Week of November 1, 1993 Page: 3 BUSINESS FROM COUNTY DEPARTMENTS PLANNING AND BUILDING DEPARTMENT Proposed Conversion of Property L022ed Under Class III Forest Practice Permits #02- 12898 and 02-130556; Proposed Valley Hills Subdivision; Citifor. Inc./Geor2e Heid2erken: Associate Planner Jim Pearson noted that George Heidgerken and his attorney, Craig Ritchie, were notified of this meeting by mail (letter dated October 22, 1993), but neither of them are present. Jerry Gorsline. Washington Environmental Council. read and submitted a written statement (see attached. ) Tom Jay. representing the Four Creeks Neighborhood Association. stated that the Board of Directors of this organization supports in full the staff report on this matter and they agree with the letter submitted by Washington Environmental Council. Katherine Jenks stated that the Heidgerken Development Group applied to the City of Port Townsend for water commitments on three developments. These developments are out of the City's water service area. She feels there is not sufficient water available on site for a public water system. Paula Mackrow. Olympic Environmental Council. supports the position of the Washington Environmental Council. The water situation in the County is unresolved. They support the widest definition of commercial timberlands in order to protect options in the County for keeping the County a timber production community. Commissioner Hinton moved to have the County declare a development moratorium for six years on all properties logged under Forest Practice Permits #02-12898 and 02-130556. Commissioner Huntingford seconded the motion which carried by a unanimous vote. Discussion of County Lead A2enCy for SEPA; Related to Proposed Surface Minin2 Operations: Planning and Building Department Director Craig Ward reported that the SEPA Lead agency for surface mining operations has been taken by the State Department of Natural Resources for the expansion of a gravel mining operation in the Shine area. In April of 1993 the DNR contacted the County about this expansion. The County advised DNR that a conditional use permit would not be required for this expansion. Chairman Wojt asked if the DNR requires the same things in a SEPA review that are required of other applicants? Prosecuting Attorney Mark Huth noted that a Determination of Non-Significance was issued, although generally for surface mining all that is required is a surface mining permit. The comment period for the DNS expired on October 27, 1993. Chairman Wojt noted that property owners have to go through rigorous SEP A review for environmental protection and he feels the DNR should also be subject to this review. Craig Ward reported that he will talk with the DNR regarding what their requirements are for environmental protection on surface mining permits. PUBLIC WORKS DEPARTMENT Application to Open Ri2ht-of-way; Parallel to Hastin2s Avenue West; Thelma Orr. Applicant: Prosecuting Attorney Mark Huth reported that an application to open a portion of the right-of-way parallel to Hastings Avenue West has been received from Thelma Orr. This was part of the old right-of-way for Hastings Avenue which has since been re-aligned. A letter was received from an attorney for other property owners adjacent to this right-of-way, asking for more information from the County regarding establishment of the road and other matters. Mark Huth suggested that before the Board take action on Mrs. Orr's application that the County respond to this request for this information. Thelma Orr stated that she has owned her property since 1978. When they purchased the property, they were told that this right-of-way was vacated and that they could use it as long as they wanted, but the County would not maintain it. In 1987, when she came up to visit the property it was in the same condition as it had always been. Last summer, when she came back she found the area fenced in. She has this acreage and she doesn't have access to it. J rAC,~ GO :1759 Commissioners' Meeting Minutes: Week of November 1, 1993 Page: 4 Mark Huth reported that the County needs to make sure that the information needed for the Board to make a decision on this request is available. Donna Haines, adjacent property owner, stated that Mrs. Orr was offered an access easement through some property owned by the McGuinness'. Malcom Harris, Mrs. Orr's Attorney, asked that this matter be continued for another week or so. Mark Huth said that two weeks would be better for the County. Doug Thompson, Thelma Orr's brother stated that they started this process over two years ago. He feels that they have been given less than straight answers from the County. He feels that his whole process is a travesty of justice. His sister has a piece of property she can't get to and the adjacent landowners are very uncooperative. He feels it's time to get this over with. Forest Aldrich stated that he is predecessor on the property currently owned by the Moore's and it's only been in the last four or five days that they have received any correspondence from the County regarding this right-of-way. Commissioner Huntingford moved to postpone action on this application until November 15, 1993 at 11:15 a.m. Commissioner Hinton seconded the motion which carried by a unanimous vote. CONTRACT re: Operation of the Recyclin2 Center; Skookum Services, Inc.: Public Works Director Gary Rowe reported on the history of Bayshore Enterprises involvement with the County's recycling program. The proposed contract has been negotiated with Skookum Services, Inc. to include provision for a complete program of recycling services for the County. He then reviewed the financial analysis of the proposed contract which demonstrates that the contract costs are comparable to the existing operation. The Solid Waste Advisory Committee has reviewed the proposed contract. They support elements A, Band C, but not D (education) of the contract. Commissioner Hinton moved that the Board defer taking action on this contract until next Monday (November 8, 1993). Commissioner Huntingford seconded the motion. Commissioner Huntingford asked when the Board can meet with Public Works to discuss this? The Board agreed that a meeting be held Thursday (November 4, 1993) morning at 9:00 a.m. The Chairman called for a vote on the motion. The motion carried. Hearin2 Examiner Recommendation re: Petition to Vacate Portions of Pine Street between Blocks 8 and 10; Plat of Phillips Addition; Mark Steward and Ross Ray, Applicants: Phil Akeridge reported that there are mistakes in the Hearing Examiner's record on this petition to vacate a portion of Pine Street in the Plat of Phillips Addition. He and Daryl Headman are the property owners really affected by this. He has 11 feet of access along that road. He prefers that this right-of-way not be vacated. Commissioner Hinton moved to defer any decision on this matter until next week (November 8, 1993), to allow the Public Works Department to provide more information. The Board then interviewed Robert Lovato, and Randy Mancini who are both interested in serving on the Civil Service Commission. BID OPENING re: 1994 Indi2ent Defense Services: The Clerk opened and read the bids received for indigent defense and conflict cases in the Superior and District Courts for 1994 as follows: BIDDERS BID TOTALS 1. Clallam Jefferson Public Defender 2. Harold J. Caldwell, Attorney (Conflict Cases) Superior Court District Court $146,000 $200.00 per case $150.00 per case , ~"',- [,1 r'" J t"\ ,.) ~ 00 :1 760 j \ Commissioners' Meeting Minutes: Week of November 1, 1993 Page: 5 Commissioner Huntingford moved to refer these bids to the Budget Manager and the Superior and District Courts for review and recommendation for bid award. Commissioner Hinton seconded the motion which carried by a unanimous vote. HEARING re: Intent to Establish Two (2) County Roads; Sea2ull Way and Stadium Lane: Public Works Director Gary Rowe stated that there is a memo (see attached) in the Board's packet from the County Engineer recommending establishment of these two roads as County roads. Chairman Wojt opened the public hearing. Bernie Arthur. 1320 Jefferson Street, Port Townsend, stated that he is in favor of the County establishing these two roads. Hearing no further comments, Chairman Wojt closed the public hearing. Commissioner Huntingford moved to approve RESOLUTION No. 99-93 updating the official county road log to add Seagull Way and Stadium Lane. Commissioner Hinton seconded the motion which carried by a unanimous vote. HEARING re: Intent to Sell Surplus Real Property: Public Works Director Gary Rowe asked that the following parcels be deleted from the list for public auction: · Tax 7 (Parcel #001-152-002), located adjacent to the Port Townsend Paper Company, was dedicated to the County by H. J. Carroll for parks purposes so it cannot be sold during the public auction. Parcel #502-171-008 is adjacent to Duckabush Road where the County's Solid Waste drop box site is located. Parcel #821-333-026 is located next to Teal Lake Road. Dean Reynolds an adjacent property owner has been working with the County for relocation of Teal L1ke Road and this parcel is necessary for that to be accomplished. Parcel #974-402-101 is in the City of Port Townsend on Morgan Hill. The road in this area may cross Lots 1 and 2 and Gary Rowe stated that this property needs to be reviewed further to see if a right-of-way needs to be dedicated before the property is sold. Parcel #994-200-201 is located adjacent to the lrondale Fill and is located in the flood area below the road and has no value. · · · · The Chairman then opened the hearing for public comment. Robert Greenway asked that the County delay the sale of County owned land within the City of Port Townsend for the following reasons: 1) there is not adequate public awareness or public discussion about the properties being declared surplus, 2) the full implications of Urban Growth Areas are not understood by much of the public and increased urbanization within the City will change the public's attitude toward remaining undeveloped land, and 3) the whole process is moving too fast. There are a number of citizen groups looking at possible purchase of parcels for parks, and more time is needed for planning and discussion with the City. He feels that a more cautious, considered approach to this matter is warranted. He asked that the process be delayed for six months to allow more citizen input. Brenda Martin stated that she agrees with Robert Greenway. Woody Dennis. 1908 35th Street. Port Townsend. asked for more time to allow public discussion of the properties before they are put on the list. He stated that he lives next to some County property, but doesn't know if it is on the list. If this property was put up for sale it would drastically alter that neighborhood. Treasurer Ila Mikkelsen stated that the list of properties under consideration has been published in the newspaper and the two parcels he is interested in are on the list. Mr. Dennis stated that he feels the neighbors of the property should have been consulted before it was put on a list to be declared surplus. This parcel is six acres of wooded property. He asked where else is there property suitable for a park near Hastings Avenue? Commissioner Huntingford stated that there have been 1,100 parcels taken off the tax roll since 1985. Lloyd Ott asked that a small parcel adjacent to his property be put back on the list for sale. Ila Mikkelsen explained that this parcel (#985-Z00-501 Petty Grove Second Addition Block 5) was inadvertently omitted from the list that was published. 1 tJ fA;). 00 :1761 Commissioners' Meeting Minutes: Week of November 1, 1993 Page: 6 Frank Trafton asked that parcel #821-073-007 be added to the list for sale. He reported that this property was originally to be traded to Carl Lopeman for right-of-way when the Beaver Valley Road was re-aligned. This property was never deeded as it should have been. Public Works Director Gary Rowe stated that the record on this road will be reviewed and he will check with the State Department of Transportation about adding it to the list. Doug Mason stated that when the State offers surplus property they first offer it to other governmental entities. He asked if the City will be given priority in purchasing parcels inside the City? Commissioner Huntingford stated that the City has been notified of the parcels that are being considered as surplus. Mark Huth reported that the City can negotiate with the County for any parcels they want before the public auction. Mike Graves asked about Irondale Orchard Tracts and if separate tax parcel numbers will be assigned to them? Jodi Cossell, Treasurer's Office reported that these lots will be sold by description (i.e. Lot 2 Block 8) and then assigned a tax parcel number after they are sold. Frank Trafton asked if the auction will be verbal or written? Ila Mikkelsen reported that the auction will be verbal. Marsha Melvin asked if there will be minimum bids established for the parcels and when that will be done? Prosecuting Attorney Mark Huth reported that the Treasurer and Assessor can set minimum bids and then have the Board review and approve them. Bernie Arthur asked if these properties could be sold on contracts over time? Mark Huth reported that the County cannot lend its credit. The terms are cash at time of sale. Matt Watkins asked where this auction will be held? Ila Mikkelsen stated that the auction will be held in the District Court Courtroom. He asked if adjacent property owners are given any priority? Mark Huth reported that by State law this must be an open bidding process. Bernie Arthur asked what is considered cash? Ila Mikkelsen stated that a Cashiers' check or cash money. The Treasurer's Office can verify (prior to the sale) a letter of credit or a specific amount for a personal check with a bank. An unidentified woman asked when the sale is set for? Ila Mikkelsen answered that the sale is set for December 10, 1993. Marsha Melvin asked if Tax 38 and 39 (Parcel #001-032-001) will be offered separately? Ila Mikkelsen reported that is correct. Ms. Melvin then asked if properties are ever not sold? The Board indicated that is correct and the properties would remain County property. Ila Mikkelsen stated that there have been title searches ordered on some of these parcels and she asked if the Board is going to pull a property from the sale, that they let her know as soon as possible. Doug Mason stated that he thinks there has been confusion at City Hall about whether or not the City would be given the opportunity to negotiate with the County for any of the properties. Chairman Wojt stated that he indicated to the Mayor that the County and City could negotiate regarding these properties. Mark Huth recommended that the hearing be left open for two weeks so that the minimum bids can be developed. Commissioner Huntingford moved to direct the Treasurer and the Assessor to develop minimum bids for the property and to keep the public comment period of this hearing open until November 22, 1993, for verbal and written testimony. He then moved to delete the following parcels from the list: Parcel #001-152-002, 502-171-008, 821-333-026, 974-402-101, 994-200-201, 989- 704-010 and 989-704-015 and to ADD to the list #985-200-501. Commissioner Hinton seconded the motion which carried by a unanimous vote. A public notice of the continued hearing and the addition of one parcel to the list will be published. HEARING (Continued) re: Appeal of SEPA Final Miti2ated Determination of Non- Si2nificance; Firwood Recreational Vehicle Park #BSP-01-93: Associate Planner Jerry Smith reported that he has reviewed the legal issues raised by this appeal with the Prosecuting Attorney, Mark Huth. Mark Huth stated that the first issue is what ordinance it is appropriate to review this proposal under - the subdivision or interim zoning ordinance. This project has been presented as a , \ .1 <~. ur. O~ln.-f ~62 .L f t'\\J._ , -L. I Commissioners' Meeting Minutes: Week of November 1, 1993 Page: 7 recreational vehicle park which is covered under the County's Subdivision Ordinance. The County must take the application as it is presented. Any project reviewed under the Subdivision Ordinance is exempt under the Interim Zoning Ordinance. The next issue, Mark Huth continued, is if Mr. Sahli's project is subject to the mitigation fee established for adequate provision for schools. Mr. Sahli has stated that these spaces will be limited in availability to people who are a certain age, and that they will be rented on a temporary (seasonable) basis. Mr. Sahli must present a proposed covenant that identifies the limitations on these rentals, and a determination of whether that limitation is legal. There are laws against discriminating in rentals based on age, marital status, or whether a person has children. Mr. Sahli would have to present evidence that there is no impact to the school. There was a mitigation suggested, Mark Huth continued, that required Mr. Sahli to pay for a portion of the construction cost of Pattison Street. The County does not have the authority to require this as an environmental condition. This arrangement would require a "late comers" ordinance and then an agreement. Even if the County did have such an ordinance there is a question of the validity of this type of ordinance. Commissioner Huntingford asked if this project is being considered a subdivision of property? Mark Huth reported that under the Subdivision Ordinance this project requires a binding site plan which is a subdivision of property and is allowed under that Ordinance. The School has suggested that the County place a mitigative condition on the subdivision that prohibits Mr. Sahli from leasing spaces between the months of October and April. The County can't enforce this type of mitigation. Commissioner Hinton stated that there is a condition (Condition 12) requiring only temporary occupancy of the sites. He asked if this condition was suggested to limit the number of students generated by the project? Jerry Smith reported that this measure was to assure compatibility with adjoining land uses. There is a question regarding the definition of temporary, because the applicant has indicated that some spaces will be leased for up to a year. Erwin Jones Attorney representing Bill Irwin stated that the condition uses the term "transient" not temporary. Mark Huth added that the issue is if this project will start out as an RV Park and turn into a mobile home park. A mobile home park will have more of an impact on the schools and adjacent landowners then an RV park. Chairman Wojt stated that more information is needed from the Sahli's on how they are going to mitigate for adequate provision for schools. Commissioner Huntingford asked if the proponent can work out a voluntary agreement with the Chimacum School District on adequate provision for schools? Mark Huth agreed that would be appropriate. Commissioner Huntingford stated that two other concerns brought up were the incompatibility of the project in a commercial area and the lack of adequate information on the site plan to allow adequate evaluation of the project. Mark Huth advised that the Board can remand these matters back to the Planning Department for more information and direct that the Planning Commission hold their hearing on the project. Commissioner Huntingford asked if a list can be made to suggest what more information Mr. Sahli needs to provide to make this a complete application? Jerry Smith reported that the Planning Department made a determination that this application is substantially complete for preliminary binding site plan review. Commissioner Hinton moved to remand the Sahli binding site plan back to the Planning Department to have Mr. Sahli provide a negotiated agreement with the Chimacum School District, and to develop a definition of temporary. Mark Huth suggested that Mr. Irwin be asked what additional information he feels needs to be provided? Bill Irwin stated that one of the requirements of the binding site plan is that an engineered drawing be provided. Mr. Sahli presented a copy of an engineer's drawing of the site and stated that the Planning Department had not required that he submit the drawing. Commissioner Huntingford seconded the motion which carried by a unanimous vote. The Board recessed the meeting at the conclusion of the scheduled business and reconvened the meeting on Tuesday morning at 9:00 a.m. to meet with Charlie Earl regarding the Public Works Department evaluation. All three Board members were present. . \ L u r;~· {JQ ~ 763 Commissioners' Meeting Minutes: Week of November 1, 1993 Page: 8 Discussion of Comments Received on Interim UGA Ordinance: Community Services Director David Goldsmith reported that the purpose of this meeting is to review the comments received at the hearing and the written testimony regarding the draft UGA Ordinance. There are three UGAs proposed (City of Port Townsend, Tri Area and Port Ludlow) with a proposed residential density outside of these UGA's of one unit per acre. Currently many of those areas are allowed to be developed to a density of four units to the acre. Port Ludlow: Testimony was given that everything from the Fire Hall north be eliminated (Basalt Beach, Olympus Beach, Barker's Store to the Port Ludlow development property) from the UGA. There was also testimony that the western boundary be extended slightly to the west to include the area that Pope Resources owns which is in their master plan. It was originally excluded because it was not part of the sewer district boundary for Port Ludlow. Pope Resources has indicated that it may be served by the sewer system at some point in the future. Tri Area: Testimony was presented by Kala Point residents that Kala Point should not be included in the proposed Tri Area UGA boundary. Also the area to the south and east should also be excluded because it is not currently platted or developed. These areas were included in the boundary originally because the Kala Point was platted as a residential community (density of greater than one unit per the acre), it contains multi-family dwellings, and has undeveloped property that is unplatted but is served by water and has some characteristics of urban development. The area to the south and east of the UGA boundary was included originally because it was in the area identified by the Hadlock sewer petition. The water service area of the City of Port Townsend skirts the area along Oak Bay Road. The boundary was set along the lines of the Tri Area Community Plan. There is a real question whether or not the Tri Area should be a UGA or not. These are interim designations which are an attempt to determine how future growth and development will be accommodated. City of Port Townsend: The City did not provide any correspondence to the County about whether or not they wanted to extend the City boundary to the south or west beyond the city limits. The City Council did pass a resolution last night asking that areas characterized by urban development adjacent to the City limits be mapped and put into a special study area. This resolution was received after the comment period was over. The City has not indicated if they would meet water commitments in the Tri Area if it is not an interim UGA. If there is not a UGA in the Tri Area, then there is no obligation by a utility to serve that area at a density greater than what is established by the ordinance (one unit per acre). Another area of concern, David Goldsmith continued, is the question of regional commercial centers. Rural centers, under the Countywide Planning Policies are to serve the immediate local needs of a neighborhood. The focus of an area in a rural center is to serve the immediate needs of the area versus providing regional services. The City is concerned about the level of density outside the UGA's. Their resolution calls for a density of one unit per 10 acres outside any UGA. The City wants to assure that there is a differentiation on the borders between rural areas and urban growth areas. Other concerns in the designation of UGA's are: sizing of the area; that analysis be done on vacant land; what impact the critical areas ordinance will have; what lands will not be available for development; and what density will the land support. If the areas proposed are not designated as UGA's the provision of services in those areas will be diminished. Commissioner Huntingford asked if the City had any recommendations on affordability of parcels outside the UGA if there is a density of one to ten acres? David Goldsmith stated that no testimony was given on that issue. One of the big issues the County will have to face is water availability. In the Level of Service standards it is anticipated that properties outside the UGA boundaries will essentially be on their own (provide their own water, etc.). Commissioner Hinton asked what the advantage is of having any UGA's? The GMA anticipates that UGA's will accommodate the growth and assure that the increases in services are planned and the costs are paid for by the growth, David Goldsmith answered. Craig Ward reported that outside a UGA the capital facilities will not be provided services such as water, sewer, and other urban amenities, etc. The County would not be required to plan for urban services in rural areas. Rural , \ 1 ,~. r~~;~ 00:1 764 Commissioners' Meeting Minutes: Week of November 1, 1993 Page: 9 centers are still rural areas and regional commercial development would not be allowed in these areas. Commissioner Hinton asked if that means that the County's taxes would be shifted to the City if it is the only UGA? David Goldsmith answered that regional services would still have to be provided, but the County would not go out of its way to deal with things such as drainage issues, or unique needs of a somewhat populated area. Craig Ward stated that if the Tri Area isn't designated a UGA, capital facilities planning can still continue, but there won't be emphasis on it, and the County would not encourage expansion of urban type services in those areas. According to this proposed Ordinance, Craig Ward continued, a good part of the Tri Area would be restricted from developing past the level of rural densities. The County would be precluded from approving regional commercial centers, office parks, or multi-family developments outside a UGA by virtue of the Countywide Planning Policies. Any area outside a UGA zoned commercial with a large block of land that has not been subdivided, could not be subdivided to a density of more than one lot per acre. Commissioner Hinton pointed out that without water that probably couldn't be done anyway. Craig Ward added that if an area is designated a UGA, subdivision will be allowed to continue at urban densities, water systems will be allowed to expand and in a sense the County would lose a planning option for the next year because it would be difficult to bring the area to a rural standard again. David Goldsmith explained that the County has been using the policies in the Community Development Plan for the basis on land use decisions. If the Tri Area is not designated as a UGA, it will suspend the use of that Community Development Plan because there are densities in that plan that are greater than one unit to the acre. If the Tri Area is not designated an Urban Growth Area the obligations for utility provisions are not available, and the options for the Tri Area to continue to develop as it is are limited. The discussion continued regarding how being designated a interim UGA will impact the areas proposed and what would happen if there are no UGA's designated except the City of Port Townsend. After a series of comments from people present, Commissioner Huntingford moved to acknowledge the City of Port Townsend as an Urban Growth Area and their request to map certain areas outside the City limits for future study; to pull back the north boundary of the Port Ludlow UGA to the Fire Hall; and to not establish a UGA boundary for the Tri Area at this time, but to have the community planning group make a recommendation regarding whether or not there should be a UGA in this area; look at the cost of improvements if there is to be one, and bring that information back to the Board by July 1, 1994. Commissioner Hinton seconded the motion. Chairman Wojt called for a vote on the motion. The motion carried by a unanimous vote. Craig Ward asked if this motion was to adopt the ordinance with the proposed amendments to the boundaries? He then asked for clarification from the Board on whether they want a policy and finding developed for this ordinance that will say that the provisions of the ordinance will override (supersede) other ordinances and policies? This would mean, for example, that the density of one unit per acre outside UGA's, would apply immediately even though the Tri Area Community Plan allows for greater density (up to eight units per acre) in some areas. Commissioner Huntingford asked that Craig Ward put what he is suggesting in writing for the Board to review before next Monday. MEETING ADJOURNED SEAL: ATTEST: . ' +~. ! ','. ". - II, ", \,", ,,>.. " .-..' ". ~ / ·'\>,.,,';;'ïi· ~ . ') ') ~~!".::. "" ,""..... -.'~."" '"" ,"" ..,.~~<_~ f' A# \I "-."~~,, :.:-,--~-:::.; , , t f~.~ì~ 00 :1765