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HomeMy WebLinkAboutM062689 .. - _. ....'" ~ " ..-A ~~~~~t!:~!!fi " \3 'i::.______8 q I MINUTES WEEK OF 3UNE 26, 1989 The meeting was called to order by Chairman George C. Brown in the presence of Commissioner B. G. Brown and Commissioner Larry W. Dennison. HEARING re: County Road Vacation Petition RV08l0; A Portion of II th Avenue in Riverside Addition to Irondale; Port Townsend Realtv: Administra- tive Secretary, Eileen Simon, reviewed the findings and the agency responses for this petition to vacate a portion of 11th Avenue lying between Blocks 1 and 2 in the Plat of Riverside Addition to Irondale. The length of the right-of-way requested for vacation is 200 feet with a width of 50 feet.. The petitioner is requesting this vacation to allow for the additional property for the construction of several small dwellings. The area requested for vacation would be used for septic system drainfields. The following agency responses were reviewed: The Public Works Department recommendation is for denial of the petition as submitted. If the right-of-way was vacated as peti- tioned there would be no access to the north lots in Block 1 and 2 and access to Chimacum Creek would be blocked. After a site inspection was made by the County Engineer and Planning Director, an alternative was recommended which is to vacate all streets and lot lines and dedicate a conservation easement from the top of Chimacum Creek Canyon to the creek. The Assessor's Office reported that the assessed value of the area to be vacated is $1,000.00, and noted that since it is not possible to cross Chimacum Creek on Maude Street, 11th Avenue provides the only platted access to the back lots on Blocks 1 and 2. The vacation would effectively cut off access to these lots. The Planning Department recommends that all of Blocks 1 and 2, Maude Street and the portion of 11th Street be vacated, since this is an isolated plat surrounded by acreage and the vacation as reTAestedwould effectively cut off access to the lots of fronting on Maude Street as well as public access to Chimacum Creek. They also recommend that a pedestrian access and conservation easement along ChimaclAm Creek from Kincaid Street to the north boundary of the plat. The Planning Commission recommends approval of the vacation regllest contingent on the applicant exchanging a piece of property of the same size along the west boundary of Block 2 of the Riverside Addition and that the no compensation bereTAired. ,YDL 15 .(. O!i' 3169 i' Commissioners' Meeting Minutes: Week of ,June 26, 1989 Page: 2 Richard Spindor representing Realty World - Port Townsend Realty, explained that acceptable soils for on-site septic systems were found on the property near the 11th Street right-of-way and this area would be used for the septic system drainfields if the vacation is approved. After a survey was done it was found that seven two bedroom and one three bedroom home could be placed on this 10 acre parcel, if this street is vacated. As far as the Planning Department concern about access to lots in Block 1 along Maude Street, Mr. Spindor noted that there is no public access to the property on this side of Chimacum Creek. There is a private access to this property. Commissioner Dennison suggested that a pedestrian easement could be granted on the vacated right-of-way, which would meet the State requirement that access be provided to the Creek. Mr. Spindor noted that he would not be able to build homes on the property located on the Maude Street side of this plat. He added that he would be willing to trade the property as suggested by the Planning Commission. Dick Spindor stated that he sees two alternatives, 1) move the right-of-way to Block 2 as suggested by the Planning Commission, or2) provide a pedestri- an easement. Houses would have to be placed off of Kincaid and Horton Streets because of the topography of the land in this area. Gary Rowe explained that the Planning Department was addressing a technical issue. The Planning Department and the. Planning Commission gave two different recommendations. The Planning Department recommended vacating the lot lines in Block 1 (to resolve the question of access to the lots along Maude Street) as well as the street and that a conservation easement be dedicated to provide public access to the Creek. The Planning Commission did not address a conservation easement, their recommendation was to exchange an equal amount of property in Block 2 for the vacated 11th Avenue easement. Dick Spindor stated that providing a conservation easement is an unacceptable al ternative to him. The frontage of this property on the creek means something to someone who may develop this property in the future and an easement such as this would not be desireable. He added that there is public access to the Creek from the east on Maude, Kincaid and Horton streets. Commissioner Dennison moved to approve the vacation as recommended by the Planning Commission with the condition that the property exchange occur and that no compensation be re~Aired. Commissioner B. G. Brown seconded the motion which carried by a unanimous vote. BUSINESS FROM COUNTY DEPARTMENTS: PUBLIC WORKS BEARING re: Six Year Transuortation Improvement Proaram: Chairman George C. Brown opened the public hearing. Public Works Director, Gary Rowe, reviewed the Six Year Transportation Improvement program: 1) Beaver Valley Road South - Improvements - milepost 6.90 to Oak Bay Road for 0.77 miles. 2) Oak Bay Road - Improvements - from Swansonville Road to v Paradise Road for 1.07 miles. 3) Swansonville Road - Intersection Improvements - Beaver Valley Road 4) Beaver Valley Road North - Improvements -from Larson Lake Road to milepost 6.9 for 0.50 miles. , 5) Third Street - Improvements - between D and Mason Streets for 0.11 miles. 6) Old Hadlock Road - Traffic circulation and engineering study. 7) Four Corners Road - Intersection Improvement - Fou.r Corners/Airport Cutoff and Rhody Drive 8) Airport Cutoff Road - Airport Road intersection improvement. 9) Portage Canal Bridge Fender Replacement 10) Upper Hoh Road Milepost 1.80 to end of road - Engineering study for Hoh River Corridor. 11) Paradise Bay Road - Improvements -- milepost 0 to 0.61 12) Irondale Road - Improvements - milepost 0 to 0.65 .f VOL 15 fAG: 003170 Commissioners' Meeting Minutes: Week of June 26, 1989 Page: 3 13) Chimacum Road - Improvements - milepost 0.08 to 0.35 \ 14) Rhody Drive overlay and Anderson Lake Road Intersection improve- ments. 15) Irondale Road - Overlay - milepost 0.65 to 1.63 16) Rhody Drive - Improvements - milepost 4.70 to 5.10 17) Dosewallips Road - Reconstruction - milepost 0 to 0.51 18) Ness's Corner Road - Intersection Improvements (Cedar Avenue) - milepost 0.28 to .068. 19) Cook Avenue Extension - Improvements - milepost 0.00 to 0.62 20) Duckabush Road - Improvements - milepost 0.00 to 1.02. 21) Snow Creek Road - Improvements - milepost 1.44 to 3.03. 22) Undie Road - Improvements - milepost 1.44 to 3.03 for 1.45 miles. 23) Rocky Brook Road - Reconstruction - milepost 0 to 0.37 24) Safety Projects Countywide 25) Bridge guard rail project countywide 26) Miscellaneous projects The funding for the plan was then reviewed. The total estimated cost for the plan is $5,681,000 over the six years. State and federal funding for the projects in the plan was reviewed. Hearing no comment for or against the plan, Chairman George C. Brown closed the hearing. Commissioner B. G. Brown moved to approve and sign Resolution No. 55-89.adopting the Six Year Road Transportation Program as presented. Commissioner Dennison seconded the motion which carried by a unanimous vote. AGREEMENT re: Consultant for Preliminary EnGineerinG: CR08l6 and CRe8l7: David Evan, Associates: The preliminary engineering for several projects are included in this contract Gary Rowe reported. Commissioner B. G. Brown moved to approve the contract as presented. Commissioner Dennison seconded the motion. The motion carried by a unanimous vote. Notice of HearinG on Application for Franchise: Citv of . Port Townsend: This franchise application is for the City of Port Townsend water service areas located outside the City limits. Commissioner B. G. Brown moved to approve Resolution No. 56-89 setting the public hearing for the franchise application submitted by the City of Port Townsend for July 10, 1989 at 10:30 a.m. Commissioner Dennison seconded the motion which carried by a unanimous vote. FACILITIES MANAGEMENT AGREEMENT re: Archi tec1:ural Consultant Services: Port Townsend Community Center: Miller Hull Partnership: Carter Breskin reported that this is a revised agreement with the Miller Hull Partnership in which they have agreed to lower their fee as well as to make some other changes. The form is the standard AlA format. The County will be managing this project, and Miller Hull will visit the site once each month. Commissioner B. G. Brown moved to approve the agreement with the Miller Hull Partnership as presented. Commissioner Dennison seconded the motion which carried by a unanimous vote. HUMAN SERVICES AGREEMENT No. 89-10-03re: Children's Proaram for the Provision of Earlv Intervention Services to Children AGes 0-3 by the ,Jefferson Countv Heal th Deuartment.~ Jefferson County Human Services: Commissioner B. G. Brown moved to approve the agreement between the Health Department and the Human Services department for Early Intervention Services to Children ages 0-3. Commissioner Dennison seconded the motion which carried by a unanimous vote. LVOl 15 rAG~ um '3171 Commissioners' Meeting Minutes: Week of .June 26, 1989 Page: 4 CONTRACT No. 1445-74479 re: C,mmunitv Alcoholism and SUbstance Abuse Prevention and Earlv Intervention bV Human Services: WashinGton State Department of Social and Health Services: Commissioner Dennison moved to approve the contract with the Department of Social and Health Services for the community alcoholism and substance abuse services provided by the Human Services Department. Commissioner B. G. Brown seconded the motion which carried by a unanimous vote. CONTRACT No. 89-l0-o5 re: GrouD Supported Emplovment with 3'effer- son County Human Services: Skookum 3'umu RODe Co.: The contract between the Human Services Department and the Skookum .Jump Rope Company was approve by motion of Commissioner Dennison, seconded by Commissioner B. G. Brown. The motion carried by a unanimous vote. PLANNING AND BU'ILDING Final BindinG Site Plan. Port Ludlow Recreational Vehicle Park. Phase 2: ADPlicant. PODe Resources. Inc.: Assistant Planner ,Jerry Smith reported that Phase 2 of the Port Ludlow .Recreational Vehicle Park project involves 20 sites. The Public Works Department, Health Department and the Planning and Building Department have reviewed this phase of the project and recommend final site plan approval. The Planning Commission also recommends approval. David Cunningham, representing Pope Resources, reported that this is a commercial recreational vehicle park. Commissioner Dennison moved to approve the final binding site plan for Phase 2 of the Port Ludlow Recrea- tional Vehicle Park with the conditions as recommended by the Planning Commission. Commissioner B. G. Brown seconded the motion which carried by a unanimous vote. Shoreline ManaGement Substantial Development Permit: No. 89-12: RiD Rap and Sedimentation Pond Construction: Chimacum Creek LOG ProcessinG Yard: Port Townsend PaDer COrPOration: Assistant Planner ,1im Pearson reported that this proposal is to place 1,200 feet of rip rap along the shoreline of Port Townsend Bay and the lower Chimacum Creek estuary at the Chimacum Creek log processing yard operated by Port Townsend Paper Company. The property is partially owned by George Cotton and the Port Townsend Paper Company. The rip rap was to be placed from zero feet to five feet seaward of the toe of the existing bank. The rip rap is proposed to be about five feet thick. This area is subject to heavy wave action.. The base of the rip rap will be set three feet deep in the beach substrate. Approximately 670 cubic yards of material will be excavated to place the base of the rip rap. Approximately 385 cubic yards of excavation would be within the estuary of Chimacum Creek. ...Tim Pearson reported that he based this determination of the beginning point of the estuary on the shoreline program definition of an estuary as well as the U.S. Fish and Wildlife Service map designation of the area. Several sediment ponds are planned to handle the runoff from the site. The proposal is a conditional use as defined by the Shoreline Management Master Program. ,Jim Pearson then reviewed the findings for the Board. He explained that this is a unique area. There is an urban designation on the uplands which has had an industrial type operation on it for a number of ye~rs. These uplands are next to a natural designation for the marine area as well as the estuary of ChimaclIm Creek. There have been problems in the past in this area with smoke and erosion. Earth bark and rock have been pushed over the bank during the log storage operation. A condition that another sedimentation pond be constructed was part of the State Environmental Policy Act review. The conditions recommended by the Shoreline Commission were then reviewed. Julie Bondy, Land Use Planner for NT! Clark and Associates of Port Angeles, representing the project proponent, introd~ced Dave Hanna, Project Engineer and .Joe Melton, Development Manager. Brent Burbidge of Port Townsend Paper tvOl 15 HG~ no 3172 Commissioners' Meeting Minutes: Week of .June 26, 1989 Page: 5 The conditions recommended by the Shoreline Commission were then reviewed. ,Julie Bondy, Land Use Planner for NTI Clark and Associates of Port Angeles, representing the project proponent, introduced Dave Hanna, Project Engineer and ,Joe Melton, Development Manager. Brent Burbidge of Port Townsend Paper Company and Mr. George Cotton were also present. Ms. Bondy stated that there have been differences of opinion between NTI and the Planning Department staff regarding the technical portions of this proposal. She stated that she will be addressing findings six through nine and the Shoreline Commission recommendations. II 7: This is a shoreline defense project to protect an eroded sho~eline. She asked that this finding be struck because it has nothing to do with the pro- ject. The Chimacum Creek estuary is not shel tered from the prevailing southerly and northerly winds. Thisfinding is not accurate and should be deleted. This finding is not accurate. The promontory exists because of the erosion that has happened over the last three years. This area consists of rock, pit run, earth and fill. It is not just wood wastes. Finding 6: II II 8: 9: As far as defining the estuary, Ms. Bondy continued, one of the primary pieces of evidence is the U.S. Fish and Wildlife Service map. She then presented and discussed a plat map from 1910, as well as surveys done in 1985 and 1988, which indicated the change in the shoreline in this area. The determination of the boundaries of the estuary were then discussed as well as the ways to define an estuary. There are no wet soil plants in the area defined by the Planning Department as estuary. Commissioner Dennison asked if the estuary can change when the shoreline changes (for example when fill is placed on the site)? ,Julie Bondy stated that the proponent needs to find a way to prevent the loss of land to keep the undercutting of the bank which causes the wood wastes to. fall into the bay. The discussion continued regarding the area defined as estuary. ,Judy Bondy stated that there was an agreement with six conditions when the Mitigated Determination of Non-Significance was issued and now there are 15 oonditions. The proponent has no problems with the conditions until they get into the placement, the height and the slope, etc. of the rip rap. The following conditions are a problem, Ms. Bondy noted: l.d: Not allowing the placement of rip rap in the area of the promontory because that area is not used. The project proponent wants to protect everything that is left. 1.e: Need to go higher than two feet in height with the rip rap. This was an exception to a condition removed by the Shoreline Commission. ,Joe Melton, Development Manager, stated that this project was designed to protect the applicants property. He explained that if the rip rap is placed where this condition indicates, land would be lost from the property site. Any loss of property on this site will interfere with the use of the site. Julie Bondy continued with the conditions that are a problem for the proponents: 4. Modification to require a standard catch basin. 5. Double cell versus single cell construction of detention pond. This double cell model came from a King County program. The proponent would like this condition modified to say that the design would be worked out with the County Engineer. 6.a: Would like to work this out with the County Engineer. 10: Want to make the focus of this project the shore defense work. Concerned about the part that says "Proposed plans for regularly removing accumulated bark and wood debris from the site in order to prevent fires." This is a management issue. Do not feel that this condition is acceptable to this particular project. l VOL 15 rAr,~ no - 3173 . ~ . ~ Commissioners' Meeting Minutes: Week of ,June 26, 1989 Page: 6 bottom line is water quality, then the only way to gl1.arantee that water quality is maintained is to do water quality monitoring. ,Joe Melton stated that to monitor the water won't tell anyt~ing because there isn't anything to compare with from the past. ,Jim Pearson stated that there would be an natural increase in turbidity because of the creek during the winter and that it would be difficult to do a water quality monitoring program. Dave Hanna stated that the Fisheries biologists should handle the water quality criteria because they know what effect it will have the fish. They can do this through the hydraulics permit process. A lengthy discussion continued regarding possible changes to each of the conditions that the project proponent objects to as well as the definition of estuary, how to ensure water quality, and the engineering of the rip rap at various points along the shoreline. Commissioner B. G. Brown moved to table action on this permit until 2:30 p.m. on Tuesday. Commissioner Dennison seconded the motion which carried by a unanimous vote. Tuesdav - ,June 27, 1989 2:30 p.m.: Commissioner Dennison moved to take the project off the table. Commissioner B. G. Brown seconded the motion which carried by a unanimous vote. ,Julie Bondy submitted changes to several findings and an alternate list of mitigating conditions for this project based on the items discussed at yesterday's meeting. She then reviewed the list. Commissioner Dennison asked the staff to respond to these proposed changes. After more discussion of the way the boundary of the estuary was determined and how it should be determined, Commissioner B. G. Brown stated that there are two things to determine: 1) Where the estuary begins and 2) What will be allowed in the estuary. Without data on the salinity of the water, it is hard to determine where the estuary starts. Commissioner Dennison stated that he feels the most important part of this area is from Point B back because you are actually on the creek. The discussion turned to the wave action where the rip rap stops. Commissioner Dennison stated that he has a problem with deleting findings. It was a consensus of the Board that the findings be left as presented by the Planning Department. The discussion turned to the meaning of the term "Ordinary Highway Water Line. " .Jim Pearson added that there are a number of areas along the shoreline where vegetation will not grow because of the saltwater. That line is the line of ordinary high water and the rip rap should be placed above that line. David Goldsmith suggested that the State Department of Ecology stake the line of ordinary high water on the site. Condition 1.a could be changed to say "It shall be landward of the line of ordinary high water as determined by the State Department of Ecology." The discussion then turned to Conditions 4, 5 and 6 as recommended by the Shoreline Commission. County Engineer Bob Nesbitt stated that there are some alternatives to double cell sedimentation traps for this site. He recommends that he be allowed to work with NTI Clark and Associates on this matter and then bring a recommendation back to the Board. The following changes were agreed to by all parties in the suggested mitigating condition submitted by the NTIClark and Associates: 1.a - This condition shall read nIt shall be landward of the line of ordinary high water as determined by the State Department of Ecology.n Shoreline Commission Condition l.d: Commissioner B. G. Brown stated that he doesn't see the advantage of leaving this point without rip rap. David Goldsmith stated that this condition is a result of the concern expressed by the State Department of Fisherie$ and is straight out of the Shoreline Program. Julie Bondy stated that this concern will be addressed by the State Department of [VOL 15 r~(: 00 3174 .. , . Commissioners' Meeting Minutes: Week of .June 26, 1989 Page: 7 Fisheries when they issue a hydraulics permit for this project. David Goldsmith added that the kind of rip rap that they proposed .is more extensive than will be acceptable to the Department of Fisheries. Brent Burbidge, Port Townsend Paper Company stated that he doesn't think they would excavate this point away. It would be left. David Goldsmith suggested that a one rock bulkhead or a vertical bulkhead be designed for this portion of the site. Dave Hanna stated that they considered putting in a vertical bulkhead, but the cost of various materials that could be used and hold up was astronomical. Dave Hanna stated that the rip rap would have to be keyed into the substrate three feet which means that one foot of a four foot rock would project a.bove the beach. ...Tim Pearson suggested that the part of this condition that says "the proponent shall have the option of excavating the fill in this area, II be struck from the condition. David Goldsmith stated if item led is deleted then they would have to abide by 1.a. The proponent would then have the option of protecting this area in any manner that they choose. It was agreed that Condition l.d be deleted and condition l.e will be deleted. Condition 2. Their proposed condition 2 will extend the rip rap along the shoreline from Section F to I, Commissioner B. G. Brown stated. ...Tim Pearson suggested that "marine shoreline" be struck from this condition. It was agreed that the wording of this condition be "Rip Rap placed along the marine shoreline of Port Townsend Bay from Section D to Section H as depicted on the site plan shall be placed at the toe of the bank." Condition 3. This condition is okay. Add Condition 7. David Goldsmith stated that Condition 3 on the Shoreline Commission list should be added to this list. After discussion it was agreed that the language of the Shoreline Commission condition 3 be added as Cendition 7 on the proponents list. The proponents conditions 4, 5 and 6 were approved. Commissioner B. G. Brown moved to approve the Shoreline Substantial Develop- ment Permit with the findings as submitted by the Planning Department and the conditions as revised from those submitted by the proponent. Commis- sioner Dennison seconded the motion which carried by a unanimous vote. * * * 1989 BudGet Transfers: Health. Human Services and ,Juvenile and Familv Court Service Deuartments: Commissioner B. G. Brown moved to approve and sign Resolution No. 57-89 authorizing the budget transfer requested by the Health, Human Services, and .Juvenile and Family Court as requested. Commissioner Dennison seconded the motion Which carried by a unanimous vote. ADDlication for Assistance from Soldiers I and Sailors I Relief Fund: APDlicant Elizabeth V. Gunderson: Commissioner Dennison moved to approve the application for Soldiers' and Sailors' Relief funds as requested by Elizabeth Gunderson in the amount of $500.00. Commissioner B. G. Brown seconded the motion which carried by a unanimous vote. Resignation from the Library District Board of Trustees: Gav Corey: Commissioner B. G. Brown moved to accept the resignation from the .Jefferson County Library District Board of Trustees submitted by Gay Corey. seconded [VOL 15 rAr~ 00 3175 Commissione"s' M~tinll Minutes: W~k of Jte 26,1989 Page: 8 th.emotio.n... Who ie, h..... e. arr.:1ed byaunanlmous ~ote. will be advertised.l . 1 The meetingwa~ recessed at 5:3 p.m.on~onday and reconvened at 2:30 p.m. on Tuesday wit.hallBoar<imembe spresent. "', -f !- ~ ~ #l* OBRA Mental! Health Pr am * State D leeS: ... Commissioner . B. G. Brown moved to act' #3820-72620 with the State Department of Social and Health Services. .0rtheOBRAmentaJ. healthprogr~ ln the Human Services Department. Commiss onerD,ennisonseeondedthemotion which carried by a unanimous'vote. MEETING ApJOURNED, "'. . :\,.. / ?/~ ;dr!k...d'rtA-lA,; I,~ . /'~~; . <'~r.'-I ',', fl'..p~ II _" . ..... ,/'#;'~.'~.'.. ....iYc.. r...;~"... ...... .r" ,r:- .- --::.. . "IIf.....'." . . ,,'....Ii'. '" #;Jlli \::;~. ,c~_~~~'''~'''\~_' _,~.' _: -.-f " .; ~- ....."......,. I ....~?/~.~....;.. .~:'< /'" '.~ f:. SE...AL :\. .i\.r........... . . .... J _\ ~/,'}';~ .' - '.''';' I . ..NlY! .'. .." 1 'l!' ..9. (....'}.!). ' .. ,'< 0,.. '~~.. .. '., . " ./-4 '.. .. ~ '. / y ,..(ft'r,' ,'" .(::t~1 '. .. .." ATTEST ... '~~S'6,t.,~ c/()/W((V;]! JJ:e .. . Lorna L. Delaney, ~ Clerk of the Board . . ,I ,JEFFER. ON '. qOUNTY .. . . COMMISSIONERS i I I I I I . 'VOL 15 t~IG~no ~3i76