Loading...
HomeMy WebLinkAboutM041392 . ~ ~ û~ <::? ':::>.o..c:: MINUTES WEEK OF APRIL 13, 1992 Chairman Dennison called the meeting to order at the appointed time. Commissioner B. G. Brown and Commissioner Richard E. Wojt were both present. The Board met in a briefing session with Community Services Director David Goldsmith. PUBLIC COMMENT PERIOD: The progress of the County's Redistricting Committee, how public comments are documented in the Minutes, the Stormwater Advisory Committee workshop with the Commissioners on April 15, and the status of the Quilcene flood control project were all discussed. BUSINESS FROM COUNTY DEPARTMENTS PUBLIC WORKS BID OPENING re: Supplyin2 Liquid Asphalt: Public Works Director Gary Rowe opened and read the bids received for supplying the County with liquid asphalt as follows: BIDDERS: 1. U.S. Oil & Refining Company, Tacoma CMS-2 $90.70/ton; CRS-2 $88/ton; MC-250 $135/ton; CSS-l $85/ton BID TOTALS: $228,060.00 2. Chevron USA, Inc., Seattle $226,900.00 CMS-2 $90.00/ton; CRS-2 $89.00/ton; MC-250 $135/ton; CSS-l $85/ton FOB Richmond Beach less freight equalization $5.00/ton Commissioner Brown moved to have the Public Works Department check the bids for accuracy and make a recommendation for bid award that is to the best advantage of the County. Commissioner Wojt seconded the motion which carried by a unanimous vote. Hearin2 Examiner's Findin2s. Conclusions. and Recommendation re: Application for Street Vacation; Portion of Twi22 Street in Chalmers Second Addition. Port Hadlock; Luther Bland: Bob Henderson, Public Works Permit Technician, reported that the Hearing Examiner's findings of fact and recommendation is to deny the petitioners request (vacation of 60 feet of right-of-way) anß' approve a modified vacation of 10 feet on each side of the right-of-way subject to the abutting property owners granting easements for utilities. The Public Works Department has no objection to the Hearing Examiner's recommendation. The Assessor's Office will review the compensation requirement and adjust it as necessary. . \1ìl 18 110 385 A Commissioners' Meeting Minutes: Week of April 13, 1992 Page: 2 Commissioner Wojt moved to approve the Hearing Examiner's findings, conclusions and recommendation as presented. Commissioner Brown seconded the motion which carried by a unanimous vote. EMERGENCY MANAGEMENT Special Events Permit Application; Rally Located at a Site off Kennedy Road in Port Hadlock; Rhododendron Festival Weekend May 16 & 17. 1992; ABATE Motorcycle Club: Emergency Management Director Bob Minty reported that there are concerns regarding the special events permit application being submitted by the ABATE Motorcycle Club for a rally over Rhododendron Festival weekend. The Club expects from 500 to 1,000 participants at the rally which is to include camping and live band music on the site. Tickets will be sold to enter the rally and a permit for the sale of liquor has been obtained. Bob Minty then reviewed the concerns expressed by various County Departments: · Public Works Department: Expressed concern that the size of the site will not allow adequate parking for 500 motorcycles, and for the traffic congestion on Kennedy Road. · Environmental Health: Stated concern about sanitation for the number of people expected. · Sheriff's Department: Concern for the sale of liquor and crowd control. · Planning Department: Noted concerns for noise control. · Fire District: Expressed concern about the proposal for a large bon fire and for the Club's ability to administer first aid and also make out the paperwork required by the Fire District. · Adjacent property owners: At least one adjacent property owner has expressed concern about encroachment by rally participants on their property. Bob Minty added that he has talked with the property owner where the rally is being held and asked him to submit more detailed site plans. The Club member that signed the application has advised that he will be submitting letters from adjacent property owners detailing their agreement for the Club to use their property. The ABATE Motorcycle Club will add the County as an additional insured on their insurance for this rally. However, Bob Minty added, the people that own the 90 acres to the south of this property have submitted a letter asking the Sheriff for assurance that no one trespass on their property. The State Liquor Control Board has indicated that the liquor license can be rescinded if the County requests it. Commissioner Brown stated that the ABATE Motorcycle Club has been made aware of the concerns and that the site map they submitted is not acceptable. The question remains if all of these concerns can be met to the County's satisfaction. Jerry Smith, Assistant Planner, reported that the County's noise regulations state that the noise level should not exceed the decibels of the surrounding area. The live band music may exceed that level. Commissioner Brown added that the project as proposed right now is not acceptable. Bob Minty will advise the ABATE Motorcycle Club to resubmit their plan for review by all necessary County Departments. This will be placed on the Board's April 20, 1992 agenda at 11:30 a.m. for consideration. JUVENILE AND FAMILY COURT SERVICES CONTRACT Si2nature Authorization re: Juvenile Services At-Risk Youth Project #1-92-265015; State Department of Community Development: Commissioner Brown moved to have the Chairman sign the Signature Authorization for the Juvenile and Family Court Services At-Risk Youth project through the State Department of Community Development. Commissioner Wojt seconded the motion which carried by a unanimous vote. ,VGL 18 rAG~ 00386 Commissioners' Meeting Minutes: Week of April 13, 1992 Page: 3 APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Brown moved to approve and adopt the consent agenda as presented. Commissioner Wojt seconded the motion which carried by a unanimous vote. 1. License to Use and Maintain County Road Right-of-way; Advisory Bulletin Board Installation; Seven Sisters Road (No.505209); Washington State Parks and Recreation Commission 2. Sign letter to Charles Broders re: lAC Grant Withdrawal - Tsetsibus Acquisition 3. CALL FOR BIDS: An Automatic Feed System for Optical Scan Vote Tabulation System; Setting the Bid Opening for April 27, 1992 at 10:30 a.m. 4. Approve Recommendation for Bid Award; Medium Duty Ramp Trailer; to Star Rentals and Sales for their bid of $9,161.92 5. RESOLUTION NO. 30-92 re: Establishing the Name for a Private Road; Lea Way 6. RESOLUTION NO. 31-92 re: Updating the Official County Road Log; North Sandy Shore Road (See Also Minutes of March 23, 1992) 7. RESOLUTION NO. 32-92 re: Establishing an Industrial Insurance Reserve Fund 8. Approval of Treasurer's Statement of Receipts and Disbursements; Period from January 1, 1992 to March 31, 1992 Inclusive 9. Applications for Assistance from the Soldiers' and Sailors' Relief Fund; AmVets Post #6 $240.00 (Space Rent), John Worthington $500.00, Izair R. Chute $500.00 and Haraldino Barkema $492.94 10.Approval of "Help Wanted" Advertisement; Housing Authority Board PLANNING AND BUILDING Final Short Plat No. SP23-90; 2 Lot Neal Short Plat; Discovery Bay: Planning Department Permit Technician Michelle Grewell reported that this short plat has met the conditions of preliminary approval and all of the necessary departments have signed off on it. Commissioner Brown moved to approve the final Neal Short Plat #23-90 as presented. Commissioner Wojt seconded the motion which carried by a unanimous vote. Zone Chan2e Petition; Chan2e to General Commercial Zone for Lot 2 of the Gibbons Short Plat; James and Noreen Gibbons: Associate Planner Eric Toews reported that this request is to change the zoning on Lot 2 of the Gibbons Short Plat. The petition is to include this property in the General Commercial Zone defined on the Tri Area Highway Business District Commercial Zone map. The Planning Commission reviewed this request and recommends approval. This parcel has direct access to Rhody Drive via easement across lQt 1 of the short plat. The original short plat approved in 1981 indicated that the division was to be for commercial purposes. Commissioner Brown moved to adopt the findings of fact and recommendation of the Planning Commission and approve the zone change as requested. Commissioner Wojt seconded the motion which carried by a unanimous vote. Review Comments Received on Draft EIS and Direction for Completin2 Final EIS; Teal Lake Center: Assistant Planner Jerry Smith submitted and reviewed the staff summary of the comments received on the draft EIS for the Teal Lake Center and the Planning Department's recommendation regarding those comments. The comments covered items such as: · Waste Disposal - The draft EIS deferred consideration of these impacts until a later time. . Aquifer - Potential Impacts due to on-site septic systems for this project need to be discussed as well as potential contamination of well water. · Erosion and impacts to the shorelines in the area. . Strip commercial development - Possibility that this development will open the door to strip development in this area. VOL 18' 00 387 ' r,~G~· Commissioners' Meeting Minutes: Week of April 13, 1992 Page: 4 · Trespassing - potential impact from guests of the proposed R.V. Park trespassing on private property. · Traffic - Problems at the intersection of Teal Lake Road and SR140. · Erosion controls - The State DOE commented that effective erosion controls should be in place prior to any clearing, grading or construction. · Storm Water Treatment - The State DOE indicated that stormwater treatment should be employed in the construction design. · Waste Reduction - The State DOE suggested that provisions for waste reduction, recycling and litter control should be incorporated into the design and construction of the project. · Development of the project on a smaller scale as an alternative. · Fire District Services - the emergency fire and medical services of the Fire District are limited and may not be adequate to serve this project. Fire flows may not be adequate to serve a commercial building. · Clarification of which areas are proposed for development and open space. · The cumulative impacts of the 20 acres proposed for residential development should be included in the EIS. · More detailed analysis on the aquatic resources of the Squamish Estuary is needed. · Additional study of soils and geologic conditions is needed. Jerry Smith reported that this draft EIS is a non-project EIS. An environmental review will be required for each phase of this project. The County Comprehensive Plan and Zoning regulations direct that development occur at intersections. This proposal is at a major intersection. This proposal is also a planned unit commercial development which can occur in many places throughout the County. Jerry Smith further reported that the project proponent intends to either develop their own water system or hook on to the Bywater Bay Water system. Chairman Dennison asked that it be clarified if the map between pages 10 and 11 of the DEIS addresses the preferred alternative. Jerry Smith then noted that the Public Works Department commented that further evaluation of the impact to Teal Lake Road be conducted. The State Department of Transportation indicated in their letter that they are not supportive of proposed mitigation to provide a two way left turn lane on to Teal Lake Road and Shine Road from Highway 104. They are recommending the design and construction of left turn storage lanes on SRI04 at Teal Lake Road and Shine Road and that these improvements be in place prior to completion of the first phase of the project. Jerry Smith then reviewed the staff recommendations: 1) Additional study be done to evaluate the probable water quality impacts to groundwater, including the probable impacts to the area aquifer recharge zone and the potential impacts to the existing community water well of the Shine Property Owners Association. 2) Final EIS should expand the discussion comparing the estimated pre-development storm water runoff peak flow and volume increase to that of estimated post-development storm water runoff. 3) Expand discussion of the adequacy of the local Fire District's need for personnel. The discussion should also address the question of adequate fire flows. 4) An evaluation of the potential traffic impacts on Teal Lake Road should be done with a comparison of the safety merits of providing left turn storage lanes as compared to a two way left turn lane on SRI04. Commissioner Wojt asked about the Point No Point Treaty Council's comment regarding placement of the open space in the project to one area instead of spreading it throughout the development. Jerry Smith agreed that should be clarified. Chairman Dennison then asked for comments and questions from the public. Roy Raudebaugh of the Shine Plat stated that there was a parcel of land on the beach of the Shine Plat that was set aside for a park for the upland owners. That park is in existence today and there is concern about protecting it. He added that he feels some consideration should be given to the culvert that runs under the Highway. This culvert directs water into a wetland in that area and any contamination will impact that wetland. ','VOl 18 +M)~ t1Ô388 Commissioners' Meeting Minutes: Week of April 13, 1992 Page: 5 Betty Joe Johnson said that she has a lot of questions. She asked exactly what is planned in this project, and what improvements are planned to Teal Lake Road? Chairman Dennison reported that copies of the DEIS are available and it should answer Ms. Johnson's questions. Ms. Johnson stated that she was in favor of this project when she first heard about it, but what is proposed sounds larger than what she was first told about. Roy Raudebaugh added that when the last well was drilled for the water system it was found that the aquifer was about 2 1/2 feet in width and water was hit at 74 feet. This aquifer is fragile. Chairman Dennison stated that he hasn't finished reading the draft EIS and isn't prepared to make a final determination on it. Commissioner Brown added that he doesn't know how to interpret the information provided in the DEIS on traffic flows on Teal Lake Road. He added that the four recommendations made by Planning staff for more information can be provided to the project proponent so they can begin working on providing that information. Chairman Dennison added the project proponent should also provide more information on the issue raised by the Point No Point Treaty Council regarding clarification of the open space identified for the project. Roger Olson stated that he doesn't see where the project proponent expects to get the water for this project, or where all of the sewage will be treated and what direction the septic system effluent will flow. Prosecuting Attorney Mark Huth reported that WAC 197.11.460 requires that the final EIS be issued within 60 days after the end of the comment period for the draft unless extensive modifications are required to respond to public comments received. Roy Raudebaugh stated, speaking for himself (not speaking as a Fire Commissioner for Fire District #3) that he is concerned because the Fire District is coming to the point where they won't be able to take care of the people that are local and live close to the Fire stations let alone the people who live further out. He added that he feels this should be considered by the County. Mark Huth asked if the Board wants to review the DEIS with staff? Chairman Dennison stated that he wants to review it with Planning and Public Works staff because some of the principle issues are storm water and traffic impacts. Commissioner Brown asked that the applicant be notified that there are concerns that are being reviewed further and that the final EIS may not be issued within the 60 day period as provided in the WAC. The Board directed staff to set up a meeting time to review the DEIS further. Request from Plannin2 Staff for more Time to Provide Information on the Wilson Lar2e Lot Subdivision: Associate Planner Jerry Smith reported that the Planning Staff is requesting a 30 day time extension to prepare the summary information the Board requested on the Wilson Large Lot Subdivision. The Board concurred that the Planning Department be granted a 30 day extension of time to prepare this information. This matter will be put on the Board's agenda on May 18, 1992. Assistant Planner Eric Toews re: Staff Recommendation; Treatment of Family Gift Exemptions; Amendin2 the Draft Subdivision Ordinance: Eric Toews reminded the Board that last week the Planning Department recommended that the Subdivision Ordinance be adopted in its current form without any amendments. They also recommended that an amendment be drafted to set basic standards for family gift subdivisions. Commissioner Brown noted that the standards must be met before the plat is finalized so, even if they were less, they still may be a problem for a family to meet before giving land to their children. He suggested that something like a notice to title procedure be drafted which would allow the family to do the required improvements at a later time. . VOL 18 t~t! 00 389 Commissioners' Meeting Minutes: Week of April 13, 1992 Page: 6 Eric Toews reported that he has discussed Commissioner Brown's suggestion with the Prosecuting Attorney, and if the County does nothing more than allow a notice to title and doesn't conduct a review to ascertain whether the site is suitable for a septic system or has a potable water supply, he feels the County would not be doing everything to assure that appropriate provisions are made for these improvements. The County could be enabling the creation of lots which are unbuildable. Commissioner Brown stated that he feels that the intent of the law is to keep unbuildable lots from being created for sale, which is not the case when the property is being given to a family member. He feels that a notice to title will meet the intent of the law. The discussion continued regarding the impact of a notice to title and if it would make future property owners aware of the limitations on the property. Prosecuting Attorney Mark Huth noted that the statute doesn't look at whether the land will be sold or given away, it looks at the division of the property. The County must make findings when property is divided to insure that there are appropriate provisions for specific things. The' statute says "the legislative body shall inquire into the public use and interest proposed to be served. . . it shall determine appropriate provisions are made for. . ." then it lists what provisions must be made. The discussion turned to the meaning of the terms "appropriate" and "provisions are made for," and the legislative intent for these requirements. Mark Huth reported that the County can not stop people from selling their property based on conditions noted on the title to the property. Assessor Jack Westerman reported that his department has to police these policies. He feels that a separate set of standards for a two lot summary short plat is a reasonable alternative. Eric Toews reported that all procedural provisions in the Subdivision Ordinance would still apply if a summary short plat process is proposed. He reviewed the improvement standards that would not apply which include: roads, off site traffic impacts, bridges, signs, drainage, fire protection, electric and telephone service. Mter further discussion of ways to handle this type of land division the Board determined that there is no way in the subdivision ordinance to allow relief from meeting standards, the Board directed the Planning staff to proceed with the SEP A review of the draft subdivision ordinance as it is written. Bart Phillips. Jefferson County Economic Development Council re: PDA Grant Matchin2 Funds: Bart Phillips reported that the Economic Development Administration grant has been increased to $56,000 this year. The County's cash match will be $5,000, which is covered by the County funding allocation to the Jefferson County Economic Development Council. Commissioner Brown moved to authorize the Chairman to sign a letter to the EDA authorizing the grant matching funds. Commissioner Wojt seconded the motion which carried by a unanimous vote. The meeting was recessed after the scheduled business was completed on Monday evening. All Board members were present on Tuesday morning when the meeting was reconvened by Chairman Dennison. Review Summary of Issues and Guidance on Draftin2 Resource Land Ordinances for Growth Mana2ement: (Continued from March 16, 1992) Planning Director Craig Ward clarified that it is his understanding from previous discussions that agricultural lands of long term significance will not be designated by the County in the interim ordinances. Language will be drafted to allow property owners to opt in to the agricultural designation to give them the "right to farm" protection identified in the Growth Management Act. VOL 18 UG£ 00390 · . Commissioners' Meeting Minutes: Week of April 13, 1992 Page: 7 Assistant Planner Keturah Brown submitted and reviewed information on the "right to farm" protection and how it would be implemented if a property owner opted in to the designation. Criteria will have to be established for what properties would be allowed to opt-in to this designation. These criteria could include: properties that are currently in commercial agricultural use, properties that are currently in the Open Space Tax program as agricultural lands, and parcels of a minimum size. Issues that come up in the discussion of "right to farm" protection: Possible change or limit of the density allowed on agricultural lands; procedures to review opt-in applications, and if there should be a process for properties to opt- out of the designation. Discussion ensued regarding the criteria for properties to opt-in to the agricultural designation, the administrative impacts of the designations, and the need to designate agricultural lands in the interim ordinances. Chairman Dennison stated that he feels that the interim ordinances need to be finished and adopted before a "right to farm" ordinance is drafted. Craig Ward reported that development of a "right to farm" ordinance will take time that the Planning Department staff doesn't have right now. Commissioner Brown agreed that until there is an indication that farms are being threatened, work on this ordinance can be delayed for the present time. Chairman Dennison directed that the Planning Department contact the Conservation District for their input on the items that have been discussed regarding a "right to farm" ordinance, but that the staff not begin drafting such an ordinance any greater priority than what they are currently working on. Keturah Brown then reviewed the information she submitted on clustering. She noted that the first items to consider in development of a clustering ordinance is parcel size and the densities allowed on portions of the parcels where the housing will be placed. The need for buffers must also be addressed because of allowing varying uses on the same parcel. The discussion continued regarding the options for handling the open space in a rural cluster project. Craig Ward stated that in this discussion of a rural cluster, he is assuming that each lot must be a size that will allow it to be served by an individual well and septic system. Chairman Dennison added that it needs to be made clear that clustering does not mean that the development has to be designed to the full density allowed. Keturah Brown added that road standards must be defined in accordance with the rural nature of the cluster. There must be flexibility in the types of buffers allowed between the open space and the development portion of the clustered development. There also needs to be guidelines developed for the placement of the housing in a cluster development. If the purpose is to protect agricultural or forest resource lands by making them open space, then you don't want the housing placed in those areas. Craig Ward reported that the Planning Department is working on the preferred alternative as being the one that keeps the housing in one area. Chairman Dennison stated that he feels the purpose of the clustering is not to keep the development all together, it is to maintain some development value on the property while protecting the resource area of the property. Craig Ward reported that in drafting the interim ordinance guidelines on clustering, the approach that will be taken that the development will not have to be concentrated in one area of the parcel. The Board concurred that this approach be used. The reserve area (open space), Craig Ward noted will be maintained in one location. The next issue is the designation of forest lands. The assumptions are that there be a minimum parcel size of 40 acres and density of one unit per 20 acres unless the development is clustered. Craig Ward suggested the same parcel size and development density be required for forest and mineral resource lands. The discussion turned to what the densities should be and how clustering should be handled for mineral resource lands because they are a non- renewable resource. The Planning Department will look further into the DNR reclamation requirements. Senior Planner James Holland reminded the Board that resource lands cannot be designated in an Urban Growth area. Mining is the most incompatible with residential uses, but mineral resources are in specific areas and must be mined where found. If clustering is allowed on parcels where mineral lands are located the development on the parcel will be located next [,'tl l~·, ni\ .,', 9 H,~~ uU 391. i . Commissioners' Meeting Minutes: Week of April 13, 1992 Page: 8 to the incompatible use. The notice to title required by the designation of resource land will notify the adjacent property owners of this incompatible use. Craig Ward stated that he is concerned about what clustered density should be allowed if clustering is allowed within resource lands. James Holland noted that level of service standards must be considered in rural areas. The discussion continued regarding parcels that may have a dual designation and how the clustering density should be handled in these cases. Craig Ward suggested that the densities be the same for forest and mineral resource lands. He suggested 40 acre minimum parcel size for designation with an average density of one unit per 20 acres unless a cluster is proposed. If clustering is done a density of one unit per 5 acres would be allowed. Robert Greenway suggested an opt-in provision be developed for smaller parcels. The discussion turned to the possibility of an opt-in provision. Craig Ward suggested that a procedure be included in the ordinance to allow property owners to opt in to the forest lands designation for parcels as small as 10 acres in size if certain criteria are met (such as the open space taxation timber designation) and into the mineral land designation if the property is adjacent to another designated mineral land. The Board concurred with Craig Ward's suggestion. JEFFERSON COUNTY BOARD OF COMMISSIONERS c4 Lorna L. Delaney, Clerk of the Board ,~~~ 18 'f~&£ ~ 39a