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HomeMy WebLinkAboutM111504 District No. 1 Commissioner: Dan Titterness District No.2 Commissioner: Glen Huntingford District No.3 Commissioner: Patrick M. Rodgers County Administrator: John F. Fischbach Clerk of the Board: Lorna Delaney MINUTES Week of November 15, 2004 Chairman Huntingford called the meeting to order in the presence of Commissioner Dan Titterness and Commissioner Patrick Rodgers. Advisory Board Resignation; Jefferson County Planning Commission; Thomas McNerney: Commissioner Rodgers moved to accept Thomas McNerney's resignation from the Planning Commission representing District #3 as of December 1, 2004. Commissioner Titterness seconded the motion which carried by a unanimous vote. The Board concurred that an advertisement asking for interested citizens to fill the vacant positions on the Planning Commission in District 2 (See Consent Agenda) and District 3 be published in the newspaper this week. COUNTY ADMINISTRATOR BRIEFING: County Administrator John Fischbach reported on the following items: · Dennis Braddock, State Department of Social and Health Services, sent a letter last week informing the County that they have agreed to fund the Nurse Family Partnership Program from January through June, 2005. The County will need to seek other funding sources for the remainder of the year. · Chairman Huntingford asked the County Administrator to make sure that the septic exemption is on the current Board's agenda before the end ofthe year. This exemption doesn't allow new development of building lots, but, if septic requirements are met, property owners who have 2 legally built houses on one parcel of land will have clear title to sell them separately. There are 5 other scenarios that are also included in this exemption. This was not included in the UDC when it was originally adopted. · This week, Consultant Kurt Latimore will present a preliminary report to Department of Community Development staff on his review of the permit process. PUBLIC COMMENT PERIOD: The following comments were made: scrap metal prices are at an all time high and it would be a good time to get rid of junk vehicles in the County; County Administrator John Fischbach is the best thing that has happened to Jefferson County; the nicest Page 1 Commissioners Meeting Minutes: Week of November 15, 2004 "'.~"",r¡¡~ ~ '.~~-:;, "i.s'/"Nl'W people in the country live in Jefferson County, except nobody can agree on anything; the nuisance ordinance was never passed and there are laws regarding "taking" people's property that would also apply to junk cars; the County Administrator sent out an e-mail to all County employees last week reminding them to adhere to the County's E-mail and Internet Policy; some of the times of day that employees access the internet don't make sense; Gunbroker.com should not be accessed on the County internet; in a 5 day period an employee accessed the internet 38,000 times which is impossible and a public records request has been submitted for a copy of the instruction manual on how to read the internet data. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Titterness moved to approve the Consent Agenda as presented. Commissioner Rodgers seconded the motion which carried by a unanimous vote. 1. RESOLUTION NO. 59-04 re: Closing Out Non-Active Funds; Open Space Acquisition Fund 2. RESOLUTION NO. 60-04 re: After Hours Use ofthe County Courthouse 3. RESOLUTION NO. 61-04 re: Naming a Private Road Luna Court 4. RESOLUTION NO. 62-04 re: Vacation ofa Portion ofthe North Y2 of West Eugene Street 5. Advisory Board Reappointment: Representing District #1 on the Jefferson County Parks and Recreation Advisory Board; Two (2) Year Term Expiring November 18,2006; Joan Linderoth 6. Advisory Board Resignation: Jefferson County Parks and Recreation Advisory Board, District #3 Representative Robert K. Henderson 7. Advisory Board Resignation: Jefferson County Planning Commission, District #2 Representative Jennifer Davis The Board interviewed Monica Mick Hagar at 10:15 a.m. and Richard Stapf, Jr. at 10:30 a.m. who have both expressed an interest in serving on the Jefferson County Parks Advisory Board representing District #1. Advisory Board Appointment; Jefferson County Parks Advisory Board; Richard Stapf, Jr.: Commissioner Titterness moved to appoint Richard Stapf, Jr. to a 2 year term on the Parks Advisory Board representing District # 1. Commissioner Rodgers seconded the motion which carried by a unanimous vote. His term will expire on November 15,2006. Discussion and Possible Approval of Contract for Public Defender Services: This agenda item was discussed at the Board's meeting on November 8, 2004 (See meeting minutes.) At that time, the Board unanimously approved a motion to table the discussion until their November 15,2004 meeting to allow the County Administrator to follow through on his recommendation to contact several retired judges to see ifthey are willing to develop criteria for awarding the public defender contract. John Fischbach stated that he was not able to reach the judges last week and has no new information. The Board concurred that the item be rescheduled on the November 22,2004 agenda. Page 2 Commissioners Meeting Minutes: Week of November 15, 2004 .,.SON (o...~ =: '< w~ "'S/f¡NC, Discussion re: Comprehensive Plan Amendment Cycle; Draft Resolution and Planning Commission Recommendation: Senior Planner Josh Peters presented the recommendations from the Planning Commission and staff regarding the 2004 Comprehensive Plan amendment docket. The Board also received a packet of additional information that included a revised introduction to the Comprehensive Plan that was approved by the Planning Commission. He noted that staff concurs with the revision with one exception. The Commissioners asked ifthe additional information has been through the public process? Josh Peters reviewed a matrix dated November 15, 2004 regarding the process for the Comprehensive Plan review and update (MLA04-28.) The matrix includes the document description, whether the Planning Commission or staff made the recommendation, the date completed, and the date the document was transmitted to the County Commissioners. Josh Peters explained that staff developed a proposal to respond to the State mandate and the Planning Commission conducted an assessment of the Comprehensive Plan and developed a proposal to amend the plan. The Planning Commission's proposal was finalized on September 1, with one modification on September 15. Staff analyzed the Planning Commission's proposal for SEPA purposes, but there was no time to develop a staff response because it was necessary to have both proposals available for public review and comment on September 22, 2004. The Planning Commission held a public hearing on October 6, 2004. Staff provided a response to each element and the Planning Commission agreed to work from the staff response and make changes to the documents in public session. The staff considered the Planning Commission's changes to the staff response and in many cases, staff could support the changes. The Planning Commission finalized the majority oftheir recommendation on November 3 and staff put together the packet on November 10 for the County Commissioners meeting on November 15. There were some elements that the Planning Commission discussed and finalized at their November 10 meeting. Staff responded on November 12. All of the elements have been reviewed by the public at the Planning Commission level. There are policy language changes included in the Planning Commission and staff recommendations and they suggested that the County Commissioners hold a public hearing. There was a change in the Capital Facilities Element suggested by the Central Services Department and a change in the Critical Areas Element suggested by staffto replace a reference to a 1993 DOE Wetland Rating System with the 2004 Wetland Rating System. This week, the Board will be receiving the final, signed Planning Commission recommendation and the comments the Planning Commission received during their public comment period. The other Comprehensive Plan amendments were reviewed by staff. · MLA03-232 (Port of Port Townsend) and MLA03-244 (People for a Rural Quimper (PRQ): Associate Planner Kevin Russell explained that these proposals are amendments regarding the Jefferson County International Airport that were docketed in 2003 and carried over to 2004. The Planning Commission formed an Airport Subcommittee to address the task of finding the commonality between the proposals. The PRQ doesn't support disclosure for noise provisions or a "no public nuisance" statement and this is the main difference between the 2 proposals. MLA03-232 establishes Airport Essential Public Facility zoning instead of the overlay zoning that was established in 1998. The Airport EPF zoning does not expand the facility at the current time. Page 3 Commissioners Meeting Minutes: Week of November 15,2004 ".<¡'O"l,("Q<t: "" "', ~"'f ".!!"--'; ·~ItINV.W There are currently 2 airport overlays. Airport Overlay #1 is based on noise contour mapping from the approved 2003 Jefferson County Airport Master Plan. The boundary regulates for incompatible uses such as hospitals or schools, and includes disclosure provisions for permits. The Planning Commission wants a disclosure placed on all permits and staff is recommending that a disclosure not be placed on Type 1 permits due to the underlying rural residential zoning. This overlay also includes a nuisance provision on permits that is similar to the provision on residential permits adjacent to commercial farm or timberland and states that normal airport operations are not a nuisance. The Planning Commission created Airport Overlay #2 based on comments received at their public hearing. Overlay #2 is based on the flight pattern mandated by the FAA which goes outside of Airport Overlay #1 and Washington State Department of Transportation guidelines for aviation. It is an "airport awareness" overlay that acknowledges an airport located within close proximity and regulates incompatible uses as defined by the DOT guidelines. Certain types of permits would be referred to the Port of Port Townsend for a 14 day comment period and one of the findings on the permit would be that the use is compatible with the airport. The amendment includes additional language in the Comprehensive Plan that outlines a future planning process where industrial uses will be considered in, or adjacent to, the Airport EPF in order to promote self-sustainability. The PRQ was supportive of the incompatible use provisions and they wanted the additional language in the Comprehensive Plan. They weren't supportive of the nuisance or disclosure provisions. The Planning Commission's recommendation is dated November 3. The staff recommendation is dated November 10. The difference in the recommendations is the issue about the disclosure not being placed on all permits. A letter was sent to all affected property owners in both overlays. Commissioner Rodgers pointed out that aviation schools or other airport-related educational uses need to be allowed. Josh Peters stated that these uses are allowed in the Airport EPF. After reviewing the process, staff reiterated that the Board hold a public hearing on all the amendments on the 2004 docket. · MLA04-27 is a proposal to consider parcels for agricultural lands designation on the Comprehensive Plan Land Use Map. Josh Peters explained that 224 parcels would be redesignated. The zoning on these parcels would be "agricultural lands oflocal importance." This amendment is part of the process amending the agricultural land development regulations this year. Agricultural activities, such as growing crops are now allowed in all zones, with a few exceptions. Staffwill provide a listing ofthe parcels to be redesignated and a map for the Board's public hearing. Josh Peters presented a draft resolution that addresses the GMA Comprehensive Plan update deadline as defined in the State statute. Jefferson County was required to review and amend the Comprehensive Plan and the UDC and update the population projections by December 1, 2004. The draft resolution acknowledges that the review has been done, the amendments are available to the public, and the public review process is not completed. The Board should take action on the amendments by mid-December. There was a discussion about written testimony that was submitted. Josh Peters stated that every comment that was submitted as part ofthe original public comment period for the Planning Commission is part of the public record and should be considered by the Board. Page 4 Commissioners Meeting Minutes: Week of November 15,2004 '."" co, ~ ;'.,!< - ..:'~.... ~UIf,I'(>~ Commissioner Titterness reviewed the information and suggested some changes. He noted that he doesn't feel that they are significant changes. · Introduction, Page 1-7: He asked staff to add some defining language that indicates how the Growth Management Steering Committee representative for the UGA will be chosen. His recommendation is that 2 names be submitted by the Port Hadlock Chamber of Commerce that will be appointed by the County Commissioners. Chairman Huntingford noted that this is an amendment to the Countywide Planning Policies. Commissioner Titterness answered that this isn't a change in the Comprehensive Planning process, the policy already existed that the Committee should expand to accommodate the representation. He feels It is probably consistent with the Countywide Planning Policies. Introduction, Page 1-12: There is a section lined out that states, Joint County and City planning within the Urban Growth Areas. Commissioner Titterness recommended that the line-out be removed and the section be amended to read, Joint County and UGA Representatives because now there are 2 UGAs. Introduction, Page 1-13, Table 1-1, Item 2: Also needs to read, Joint County and UGA (instead of City.) Introduction, Page 1-15: Regarding the Growth Management Hearings Board's Decisions, a sentence should be added that states, Wherein the Growth Management Hearings Board decisions lack consistency, County policy shall be to implement the deference clause of the Growth Management Act as amended ESB60.94. Economic Development, Page 7-1: Commissioner Titterness asked that a paragraph be added in the appropriate place, possibly under Relationship with Other Elements of the Plan. The paragraph states, Develop and utilize SEP A analysis for subareas meeting requirements for zoning. SEPA analysis would be done in certain subareas and when a project is proposed, the permitting process can be expedited. Environment Element, Page 8-28: The proposed change in ENG 8.0 is to add the word potential and his recommendation is to add as mitigated by the conditions at the end ofthe sentence. Utilities Element, Page 11-13: The PUD provides water service to the Port Hadlock/Irondale area, not the City; and the PUD no longer provides water service to Glen Cove. Utilities Element, Page 11-16: A bullet should be added under the paragraph that states the UDC adopted the DOE Stormwater Management Manual for W estern Washington that states, The County recognizes that the methodolgy of the Puget Sound Action Team low impa<:t development standards meets the requirements of the DOE Storm water Manual for Western Washington. · · · · · · · The other Board members concurred with these changes. Director of Community Development Al Scalf reiterated that with the consensus of the Board those revisions will be incorporated in the final public notice on the Comprehensive Plan amendments that will be advertised on November 24,2004. The public hearing is tentatively scheduled on December 6. Chairman Huntingford stated that it is important that all information is released before the hearing and that nothing is added on December 6. . Commissioner Titterness moved to adopt RESOLUTION NO. 63-04 addressing the December 1, 2004 GMA Comprehensive Plan update deadline established in RCW 36.70A.130(4). Commissioner Rodgers seconded the motion which carried by a unanimous vote. Page 5 Commissioners Meeting Minutes: Week of November 15,2004 .""""'.' ~ ';;":.~ ~rft'"('o JEFFERSON COUNTY BOARD OF COMMISSIO Page 6 RS