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HomeMy WebLinkAboutM101292 t c..t~ <;;;? '";::::..ò..c: MINUTES WEEK OF OCTOBER 12, 1992 Chairman Larry W. Dennison called the meeting to order. Commissioner B.G. Brown and Commissioner Richard E. W ojt were both present. Prosecutin2 Attorney Mark Huth re: Establishin2 a Local Law and Justice Council: Mark Huth reported that the law and justice departments of the County and City have been meeting on a regular basis since 1989. A statute was passed in 1991 that allows the creation of a Law and Justice Council. The local committee has been doing all of the activities prescribed in this statute. Commissioner Brown noted that the County's Law and Justice Committee has not been required to develop a plan, which the statute requires of a Council. He asked how much work it would be for this group to do a plan? Mark Huth answered that the Committee has been planning and can develop a plan to address the requirements of the statute without any funding. The Board advised that they would review the proposed Resolution and make a decision on it next week. APPROVAL OF THE MINUTES: Commissioner Wojt moved to approve the Minutes of September 21, and 28 (with the correction in Norma Owsley's name), 1992 . Commissioner Brown seconded the motion which carried by a unanimous vote. PUBLIC COMMENT PERIOD: There was discussion regarding proposed changes to! the Jefferson County/City of Port Townsend Shoreline Management Master Plan; the U.S. Pàrk Service proposal to purchase land on the Bogachiel River in the West End; and the policy that checks are not accepted for fees at the County landfill. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Brown moved to approve and adopt the items as presented on the consent agenda. Commissioner Wojt seconded the motion which carried by a unanimous vote. 1. LOAN AGREEMENT NO. 92-004-17; Water Quality Improvement Fund; Exhibit "A" Rehabilitation Measures; Exhibit "B" Premises; Exhibit "C" Promissory Note; Thomas J. and Sharon A. Southworth 2. RESOLUTION NO. 92-92 re: Statutory Vacation of a portion of Stevens Street and a portion of Pine Street in the Plat of Garfield's Addition ~<L 18 PAif 00 955 Commissioners' Meeting Minutes: Week of October 12, 1992 Page: 2 CONSENT AGENDA - Continued: 3. RESOLUTION NO. 93-92 re: Statutory Vacation of a portion of unopened Kennedy Street in the Plat of Port Hadlock 4. RESOLUTION NO. 94-92 re: Intent to vacate a County road right-of-way; Intersection of Old Hadlock Road and Chimacum Road; Hearing by Hearing Examiner set for December 1, 1992 at 11:00 a.m. in the Public Works Conference Room 5. CONTRACT re: Purchase of one (1) used Ingersoll Rand landfill compactor, Model LF750; N.C. Machinery Company of Seattle. 6. Reappointment of Two Members to the Planning Commission; Richard Shipman and Penny Herrick; Each reappointed to a 4 year term (terms to expire 9/30/96) 7. Approve request for payment of third quarter allocation $3,125.00; Domestic Violence/Sexual Assault Program 8. CONTRACT #2315-184305 (5) re: Human Services Developmental Disabilities Allocation Change; State Department of Social and Health Services 9. AGREEMENT, Office Lease; Six month lease of 512 feet of space in a building in Port Hadlock; For youth services activities of the Human Services Department; Realty World- Port Townsend Realty, Inc. 10.Letter to the Citizens of Jefferson County III the Year 2042; For inclusion III a time capsule to be opened in 50 years. BUSINESS FROM COUNTY DEPARTMENTS FACILITIES MANAGEMENT Fred Warden and Members of the Ouilcene Community Center Buildin2 Committee re: Plans for the Ouilcene Community Center: Fred Warden explained the remodeling and expansion plans for the Quilcene Community Center which include a basement, new additions to the building, and remodeling of the current building. The parking lot would be moved to the north side of the tennis court with access from Washington Street. This would require removal of some trees from the park. The building would be handicapped accessible and would include space for the Food Bank and a second hand store. The kitchen, the parking lot, the drainfield, and the roof need to be updated even if there are no other improvements made to the building. Chairman Dennison asked if the drainfield could be placed as indicated along Highway 101. Gary Rowe reported that because it is not known how much right-of-way the highway has in that area, this proposal would have to be researched further. The location of the well was also discussed and how this proposal may impact it. The Senior Nutrition program has increased in the last two years to 40 people and the dining room can't handle any more people, Fred Warden explained. Space for youth recreation activities will also be provided in this expanded facility. The utilization of the tennis courts was discussed and the possibility of using that space for additional activities such as basketball, and outdoor dances. Fred Warden added that covering that area would allow additional uses. The parking lot would serve the park and the playground. The estimated cost for the expansion/remodeling as proposed is $813,600 which breaks down as: new construction $334,800 (4,464 square feet at $75.00/st); basement $168,800 (3,375 ~(J., 18\~A~£ 00 958': Commissioners' Meeting Minutes: Week of October 12, 1992 Page: 3 square feet at $50.00/st); Remodeling $100,000 (2,000 square feet at $50.00/st); Parking and site improvements $50,000; Landscaping $10,000; Architect $60,000; Drainfield and septic $10,000; and Reserve $80,000. If modular construction is used $110,800 could be saved. The Committee asked if the County would provide half of this amount, if the community could raise $400,000? The Board noted that they would have to look at the Capital Construction budget. Fred Warden reported that it will be two or three years before this would happen. Facilities Manager Frank Gifford reported that there is tentatively $45,000 in the 1993 budget for capital improvements at the Quilcene Community Center. He reported that during the budget process it will be determined how much money is available for all County facilities. He reported there is work that is mandated for all County facilities by the Americans with Disabilities Act that will take funding from this budget. Budget Manager Gary Rowe asked how the Building Committee expects to raise 50% of this cost from the community? Fred Warden reported that they plan to explore grants and/or a bond issue. Gary Rowe noted that a bond would require that a Park and Recreation Service Area be formed. The County Commissioners would be in charge of this Service area. The discussion continued regarding ways to finance this building expansion. Commissioner Wojt asked if the current building is in good enough condition to be remodeled? One of the members of the Committee reported that they had discussed this, but they would need a report from a structural engineer to answer that question. Chairman Dennison advised the Committee members that the Commissioners will not be able to give any indication on the amount the County could contribute to this project until the budget is reviewed. He suggested that the Committee pursue making a grant application for a Community Development Block Grant from the State, and that they look into forming a Park and Recreation Service Area. Fred Warden asked if the Board would give permission for clearing the area proposed for the new parking lot? Commissioner Brown stated that the Facilities Management staff will have to review the parking lot plans, and the timber cutting request before any work can be started. He suggested that the Committee discuss the tree cutting plans with members of the community so that they are aware of what is going to be done. PLANNING AND BUILDING Final Approval; Black Point Road Commercial Zone Petition; Sam Bolin 2. Petitioner: Assistant Planner Eric Toews reported that this petition was submitted under Section 13, subsection 10 of the Jefferson County Emergency Zoning Ordinance. The area surrounding the intersection of Highway 101 and Black Point Road is zoned General Use. Mr. Boling has applied to have this area zoned General Commercial. The Brinnon Community Plan designates the area centered around the intersection (and not extending beyond 660 feet of the intersection) a neighborhood commercial area. A mitigated determination of non-significance has been issued on this project. The Planning Commission has reviewed this zone change petition and recommends approval. ße added that if this zone change is approved the process for adoption of a final mylar delineating the new zone will be started. He added that the zone has been modified to eliminate any environmentally sensitive areas. Commissioner Brown moved to approve the zoning change as recommended by the Planning Commission with the adoption of their findings of fact. Commissioner Wojt seconded the motion which carried by a unanimous vote. ifÌ 1,8" ~A~€ 00 957 Commissioners' Meeting Minutes: Week of October 12, 1992 Page: 4 Final Short Plat Approval SP15-89; 2 Lot Short Plat; Located off North Jacob Miller Road; Carroll/Rhoades: Permit Technician Michelle Wood explained that this two lot short plat has been completed and signed off by all of the necessary County Departments. Commissioner Brown moved to issue final approval of SP#15-89 as presented. Commissioner Wojt seconded the motion which carried by a unanimous vote. Shoreline Substantial Development Permit #SDP90-0008; Develop an Upland Transfer and Sta2in2 Facilitv to Serve Floatin2 Shellfish Aquaculture Facilities in the Southpoint Area; Allseasons Aquaculture: Associate Planner Jim Pearson reported that this shoreline permit application is to develop an upland transfer and staging facility for the Allseasons Aquafarms long-ling shellfish operations. The following activities would take place at this site which is located on a portion of the South Point Ferry dock parking lot and adjoining intertidal and subtidal areas on Hood Canal: transfer of shellfish from boats, washing and packaging of shellfish, and shipping shellfish by truck to another site for shucking; marshalling employees, equipment and supplies for operating the long lines and cleaning the shellfish cultivation trays. He then reviewed the Shoreline Commission's findings and recommended conditions for approval of the permit as well as the Shoreline Commission record and testimony received on this project. He added that Shoreline Commission member Mike Fleming did not agree that this use of the area is compatible with the suburban designation and recreational uses of the area. There have been disputes about platted rights-of-way in this area of Southpoint and those have been resolved by a boundary line agreement between the property owners (Ray and Harriet Buchmann and Wally ?ederson) and the County dated July 13, 1992. Jim Pearson presented a memo to the Board dated October 9, 1992 which explained that several issues have come up since this item was scheduled on the Commissioners agenda. These issues are: 1) Moorage of the company's work boat at the site. Jim Pearson reported that Allseasons Aquafarms has indicated that the permanent moorage of their boat is at Port Ludlow, but they would like to moor the boat at South Point during good weather. The proposal has not been conditioned to exclude this activity. 2) Lease site. The inclusion of the foot dock in the lease is a minor change in the proposal, which the Prosecuting Attorney has reviewed. He feels this change is not substantive and would not require that the application be re-submitted. 3) Approved potable water source; gray water and septic disposal. Jim Pearson reported that the Health Department has found that State approval is needed for potable water, handling of gray water and septic disposal on this site. The lease site no longer includes the area where the well is located. This well serves the waiting room for the ferry dock. The well currently serves the tavern, but it is not known if it can be used to serve this project. The County Health Department will not allow permanent use of sanicans. A holding tank with a contract for regular pumping may be acceptable. The Health Department suggested that the Shoreline Permit be approved with a condition that all State and County regulations regulating shellfish facilities be met. 4) Protective covenants for properties in the area. The protective covenants on the property owned by Nautilus, Inc. were filed in 1969. Jim Pearson reported that the issue of whether covenants 1 and 10 would allow this project has been raised. The Prosecuting Attorney has advised that the County does not enforce covenants. It is not known if all of the area subject to the covenants is owned by the owners of this site. Ray Buchmann reported that all of the properties in that area are owned by them. All of those properties are covered by the covenants. Commissioner Brown reiterated that covenants are not enforced by the County. The only way an action regarding the covenants would occur is if the property owners who own property covered by the covenants started an action. Drew Elicker stated that he is here to ask the Board to deny this shoreline permit for the following reasons: u;v "VI- 18 ~A~~< 00 958 Commissioners' Meeting Minutes: Week of October 12, 1992 Page: 5 · Incorrect shoreline designation: He feels the shoreline designation map is incorrect for the designation of this area. The salt marsh that lies south of Bridgehaven Road is designated as natural. He reported that when there is uncertainty or conflict over the exact location of a shoreline designation boundary line, the Shoreline Program says that the written description of the boundary should be used. He feels the written description of the boundary of the natural designation in this area would include the project site. · Incorrect development classification: He also noted that he feels this project was given an incorrect development classification. He feels the correct designation for this project would be commercial/industrial. · Non-compliance with State Department of Ecology Letter dated August 22, 1990: Mr. Elicker stated that he feels that this project is out of compliance with comments 1 and 2 of the Department of Ecology letter regarding the DNS issued by the County on this project. · Non-compliance with the State Department of Fisheries Letter dated August 27, 1990: Drew Elicker stated that he feels this project is out of compliance with comment 3 of the Department of Fisheries letter regarding the DNS issued by the County on this project. · Additional Users of Water on the Trail's End Public Water System and portion of the project area is within the 100 foot well protective radius: The Health Department has a letter on file that indicates that no additional water users would be allowed on the Trail's End water system, Drew Elicker reported. There are also protective covenants on file with the Health Department that indicate that any use that would cause bacterial or chemical contamination to the water supply will not be allowed within the 100 foot well protective radius. · Restrictive Covenants on the Property: Drew Elicker stated that he will not go into this, since the County does not enforce private covenants. · Non-Compatible Use: Drew Elicker stated that he feels that since the Southpoint/Trail's EndlBridgehaven area is a residential area, this project is clearly a non-compatible use. The Shoreline Master Program states that a variance may not constitute a grant of special privilege not enjoyed by other properties in the area. He feels that if the County approves this commercial/industrial development in this area, they would have no choice but to approve any other similar use in the area. Unresolved Issue of Property Ownership in this Area: Mr. Elicker pointed out that the laws of the State say that a road that abuts a body of salt water cannot be vacated. He feels that the State conveyed the right-of-way of Highway 9-E (became Southpoint Road) to the County in 1961 and that this road ran from the ferry dock to the main highway. Since this road has not been vacated it is still a County road. Chairman Dennison asked if any of this information was given to the Shoreline Commission? Mr. Elicker reported that the designation of the area was discussed by the Shoreline Commission. Chairman Dennison asked about the other concerns raised by Mr. Elicker? Jim Pearson reported that all of the information presented by Mr. Elicker except for use compatibility is new information. Mr. Elicker asked that the Board deny this permit because so many things have changed in this area since this permit was submitted and reviewed by the Shoreline Commission. He added that he has been told that covenants can be enforced by any property owner in the approved plat which, in this case, is the Trail's End Plat. Jim Pearson responded that the area is very clearly in the Suburban designation. The marsh is a natural area, but this project is not in the marsh. The landfill work on this site was done prior to the Shoreline Act being passed and additional work was done after the Hood Canal Bridge sank and the site was again used as a ferry landing. Mter further discussion of ~f1. 18 h\~ 00 959 Commissioners' Meeting Minutes: Week of October 12, 1992 Page: 6 interpretation of the Shoreline Program for the designation of this area, Drew Elicker stated that he feels there should be a dual designation for this area. Jim Pearson reported that the Shoreline Commission reviewed the designation of the project site as determined by the Planning Department staff and agreed with it. Chairman Dennison asked about the use of the well? Jim Pearson reported that the portion of the property that the applicant wants to lease is all owned by the one group of property owners. It will have to be determined if this project is infringing on the protective radius of the well. Chairman Dennison reported that more research is needed regarding these issues. Jim Pearson reported that as far as the use designation of the site, this project is a water related and water dependent activity and the Shoreline Commission agreed with the designation of suburban and aquatic. Chairman Dennison asked about the road right-of-way ownership? Jim Pearson reported that there is a boundary line agreement dated July 13, 1992 to address this issue. When this adjustment was done it was determined that this project site is not part of the Trail's End plat. The discussion continued regarding where the road right-of-way stops and the parking lot starts. Flovd Hefferline stated that he is a resident of Bridgehaven and he is amazed that no one in Bridgehaven was notified of this meeting and that there was no notification of it in the newspaper. He suggested that the Board table action on this request until the residents of Bridgehaven are informed about what is going on. Jim Pearson reported that the Board is reviewing the Shoreline Commission recommendation made in 1990. Action was not taken on this application at that time because of the right- of-way issue that was resolved by the boundary line agreement. He reported that when he was informed by the applicant that they were ready to go forward with this, he went through the file and made sure that all of the people that had asked to be, were informed that this was being brought forward again. Dwavne Wells. of Bridgehaven, stated that there have been many changes in the three years since this application was filed and there hasn't been any current public testimony on this application. The applicants don't have potable water and they don't have sewer, and until they do, this application shouldn't be considered. Gertrude Wells stated that she worries about the noise level and traffic impacts to this area. This is a huge residential area. David Matthes stated that he is highly opposed to this project because he doesn't want the noise, the traffic and the activity next door to him. . Chairman Dennison stated that he feels the shoreline designation has been resolved by the Shoreline Commission. The two areas that need more clarification are: 1) the issue of road right-of-way ownership, 2) the possible infringement on the 100 foot well radius. Prosecuting Attorney Mark Huth stated that he remembers that the issue of the road right- of-way came up when the County negotiated with the Buckmann's. He reported he will review the file and report back to the Board on this matter. Commissioner Brown moved to table action on this shoreline permit application until October 26, 1992 at 2:00 p.m. Commissioner Wojt seconded the motion which carried by a unanimous vote. Review Completion Timelines for GMA Interim Ordinances: Planning and Building Department Director Craig Ward reviewed a memorandum to the Board regarding timelines for adoption of Interim ordinances for GMA including: a SEP A amendment adoption, a grading and clearing ordinance, and a Comprehensive Plan amendment. Craig Ward added .Ol 18 ~A~ 00 960 , Commissioners' Meeting Minutes: Week of October 12, 1992 Page: 7 that the Planning Department staff can handle the process for two of these ordinances, but there is not staff available to handle all three of them. Craig Ward estimated that it will cost $10,000 for additional critical area and resource land maps that will be needed for these ordinances. The SEP A ordinance and Comprehensive Plan amendments will require approximately $2,600.00 each in additional mapping. An atlas of all of the County maps is also needed before 1993. Senior Planner James Holland reported that there is only one full time staff person to work on these ordinances. There are also two other Planning staff members that can contribute portions of their time to do this work. The major constraints on staff time are: the drafting of ordinance language, the SEP A process, writing reports after the hearings, and the need for more work on policies and mapping. Chairman Dennison agreed with Commissioner Wojt that the Planning Department proceed with the timelines as presented for these ordinances. Gary Rowe pointed out that the timeline for the Clearing and Grading ordinance includes review by the Storm water Advisory Committee. He noted that there are only three members of this seven member Committee that are currently active. Mark Huth reported that the Ordinance does not have to go back to the Storm water Advisory Committee. The Board concurred that the Planning department proceed with the SEP A Ordinance, and the Clearing and Grading Ordinance. Interlocal A2reement for the City's Compostin2 Facility at the County Landfill: Mark Huth reported that the City changed one item in the agreement for their composting facility at the County Landfill. They struck the sentence saying that the County could charge a fee for accepting yard wastes and added a sentence that says if any fee for yard waste collection is considered it will have to be agreed to by the County and the City. Commis- sioner Wojt moved to accept the agreement as amended by the City. Commissioner Brown seconded the motion which carried by a unanimous vote. MEETING ADJQLIRNED ~CL Lorna L. Delaney, Clerk of the Board JEFFERSON COUNTY BO OF COMMISSIONERS - ',Ot 18 ~Ä~ 00 961 I.