Loading...
HomeMy WebLinkAboutM102405 District No. 1 Commissioner: Phil Johnson District No.2 Commissioner: David W. Sullivan District No.3 Commissioner: Patrick M. Rodgers County Administrator: John F. Fischbach Clerk of the Board: Lorna Delaney MINUTES Week of October 24, 2005 Chairman Phil Johnson called the meeting to order in the presence of Commissioner David W. Sullivan and Commissioner Patrick M. Rodgers. Jefferson County Policy Statement on Implementation of the Watershed Plan for WRIA 17: A draft policy statement was reviewed at the Board's October 17 meeting which is intended to provide a clear expression of the County's position on the implementation of the Watershed Plan for County staff, watershed planning partners, and the public. The Board continued review of the draft policy document and concurred with suggested revisions. Commissioner Rodgers moved to approve the policy statement as revised. Commissioner Sullivan seconded the motion which carried by a unanimous vote. The policy statement will be an attachment to a resolution that is scheduled for discussion and adoption on the Board's agenda on Novemoer 7,2005. Presentation of Certificate of Accomplishment: Deidra Morris, Miss Jefferson County and Washington State Super Model with Style was present when the Chair read the Certificate of Accomplishment. Commissioner Sullivan moved to have the Board sign the certificate. Commissioner Rodgers seconded the motion which carried by a unanimous vote. APPROVAL OF MINUTES: Commissioner Sullivan moved to approve the minutes of October 17, 2005. Commissioner Rodgers seconded the motion which carried by a unanimous vote. Page 1 Commissioners Meeting Minutes: Week of October 24, 2005 ~"'''-'''' ::'" .",,1... -.. . ',"" .s\illl"'~-'~"~~ PUBLIC COMMENT PERIOD: The following comments were made: the Planning Commission submitted a letter requesting that the Board appoint a Planning Commission member to participate in the remaining WRIA 17 watershed planning process because the State has indicated that the integration of watershed planning with land use management is being done in other counties and it is an important issue to be addressed in future planning; an overview ofthe history of watershed management in the County was read with comments that DCD staff and the Planning Commission need to be involved in the WRIA process because ofthe landuse issues; public outreach and working with adjacent counties is critical in order to be prepared to challenge DOE's draft regulations on instream flows; the Solid Waste Ordinance that was passed by the Board of Health includes enforcement regulations to make people remove junk cars from their property; and a suggestion was made to reduce the number of managers in several departments in order to balance the 2006 budget. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Rodgers moved to approve the Consent Agenda as presented. Commissioner Sullivan seconded the motion which carried by a unanimous vote. 1. RESOLUTION NO. 67-05 re: Establishing a Real Estate Electronic Tax (REET) Technology Fund for the Treasurer's Office 2. AGREEMENT, Addendum to Attachment A re: Anti-Harassment and Diversity Training Services; Peninsula College 3. AGREEMENT re: Dispersal of Funds from the Jefferson County Veterans' Relief Fund; Jefferson County Veterans' Service Officers Association 4. AGREEMENT re: H.J. Carroll Park Caretaker; Jefferson County Public Works; Zinovy and Kathern Humenuk 5. AGREEMENT, Supplemental re: Consultant Services for Barlow Bridge, Oil City Road, County Project No. CR1680; Jefferson County Public Works; Shearer Design LLC 6. Advisory Board Appointment; Gardiner Community Center Board of Directors; Term Expires December 20,2007; Dick Swenson BID OPENING re: Courthouse Site and Landscape Improvement: Loring Bemis, Facilities, opened and read the two bids that were received for this project. BIDDER Fischer General Contractor, Inc. Lakeside Industries BID AMOUNT $904,305.00 $834,911.77 Central Services Director Allen Sartin noted that staffwill review the bids and have a recommendation to the Board within a few weeks. Page 2 Commissioners Meeting Minutes: Week of October 24, 2005 i),'''''''' " . ~/ '" ........,..- f\ " 1,...,,\ Presentation re: Jefferson County Planning Commission and Final Staff Recommendation for 2005 Comprehensive Plan Amendment Docket: Chairman Johnson noted that this is a presentation of the recommendations from DCD staff and the Planning Commission and not a public hearing. County Administrator John Fischbach stated that one ofthe Board's options in the process is to schedule and advertise a public hearing. Josh Peters, Senior Planner, reported that the Board established the 2005 Comprehensive Plan Amendment Docket in April. There are 9 site specific amendments and one set of suggested amendments for text and map corrections and clarification to the Comprehensive Plan. The proponents presented information regarding their amendments at a joint Board of County CommissionerslPlanning Commission workshop. On August 3, the SEP A addendum and staff report was released to the public and the comment period remained open until August 24. On August 17, the Planning Commission held a public hearing. They deliberated on the proposals at their September 7 and 21 meetings. Their findings were finalized last week, including 4 minority reports. Final staff recommendations are also included in the Board's packet. Josh Peters and Jim Hagan, Planning Commission Chair reviewed each amendment. MLA05-06 Applicant: McDiehl LLC; To rezone a 0.89 acre site located at the northeast corner of Osprey Ridge and Oak Bay Roads in Port Ludlow from MPR (Master Plan Resort) Residential to MPR Village Commercial Center. Final Staff Recommendation: Approve, as originally recommended in the staff report. Planning Commission Recommendation: Approve, the vote was 8 in favor, 0 opposed. MLA05-38 Applicant: Hopkins/Barber Family Associates; To rezone an approximately 90 acre site on the Coyle Peninsula from Commercial Forest (CF) 1:80 (1 dwelling unit to 80 acres) to Rural Residential 1:20 (1 dwelling unit to 20 acres.) Final Staff Recommendation: Deny, as originally recommended in the staffreport and supported by information provided in memoranda to the Planning Commission dated August 11 and September 7. Josh Peters explained that the main reason staff disagrees with the Planning Commission on this amendment is due to the characteristics of the land which are very similar to most of the designated commercial forest land in the County. One argument that the applicant gave was that the soil types weren't conducive to commercial timber production. Staff research showed that the soils are rated suitable for timber production. This property has been in a forest tax category for many years and has been harvested as a commercial forestry operation and not as a conversion. Page 3 .. Commissioners Meeting Minutes: Week of October 24, 2005 ;~s ~ .'I/lf ,,~'.~~, Planning Commission Recommendation: Approve, the vote was 5 in favor, 4 opposed. Jim Hagan stated that a large part ofthe discussion on this amendment was related to soil types. The defining criteria for the designation of forest land is "long term commercial significance" and productivity is the key. One way to measure production is the amount of board feet harvested per acre. The DNR site index map shows this parcel at a low grade of production. Viable commercial activity also relates to the amount of money received from a harvest. When the County's Forest lands Ordinance was appealed in the mid 90's, DNR objected to the 25,000 board feet per acre stipulation because it might be a disincentive to some parcel owners who wanted to opt out of the designation. Since 1997, a final Forest Lands Ordinance hasn't been developed or adopted and criteria in the Growth Management Act is much more liberal than the County's current Interim Forest Lands Ordinance. The Planning Commission concluded that this parcel doesn't have long term commercial forest lands significance. MLA05-39 Applicant: NelsonIMonroe; To rezone an approximately 16.47 acre parcel in the Dabob Valley near Quilcene from RR 1:20 (1 dwelling unit to 20 acres) to RR 1:5 (1 dwelling unit to 5 acres.) Final Staff Recommendation: Deny, as originally recommended in staffreport. Josh Peters explained that staff felt that this would create one parcel surrounded by parcels with a different land use designation. To the north of the parcel, there are adjacent parcels that are zoned 1 :20 but they are less than 20 acres. There are other areas in the County where similar situations occur. Planning Commission Recommendation: Approve, 6 in favor and 2 opposed. Jim Hagan stated that several of the change in density amendment requests were reviewed under the land use policy relating to established patterns of adjacent parcels of a similar size. Although the parcels to the north and northwest of the parcel are zoned 1 :20, the language in the policy states "parcel size," not "zoning designation. " MLA05-51 Applicant: Kirkpatrick/Skurdal; To rezone an approximately 20 acre parcel on the west side ofthe Coyle Peninsula from RR 1 :20 (1 dwelling unit to 20 acres) to RR 1:5 (1 dwelling unit to 5 acres.) Final Staff Recommendation: Deny, as originally recommended in staff report. Josh Peters explained that staff looked at the 3 designations of rural residential land use, and they concluded that RR 1 :20 fits this parcel best. Page 4 Commissioners Meeting Minutes: Week of October 24, 2005 ~-~'- -~~ 11,10.\' Planning Commission Recommendation: Rezone the subject parcel from RR 1:20 to RR 1:10. Jim Hagan stated that the Planning Commission accepted what they thought was an alternative proposal by the applicant. Again, this is similar to the MLA05-39, because the adjacent parcels are much smaller than 1:5 and it is not clear what constitutes an established pattern of parcels. Commissioner Rodgers stated that a precedent was set several years ago when an amendment was approved regarding the rezoning of properties near the Chevy Chase Golf Course. This amendment went to the Growth Management Hearings Board and was upheld. Civil Deputy Prosecuting Attorney David Alvarez added that the WWGMHB said in this case it was up to the discretion of the County Board of Commissioners to interpret the Comprehensive Plan. There was a discussion about the original project proposal on this parcel that was brought to DCD for a PRRD (Planned Rural Residential Development). DCD had advised that the current zoning wasn't appropriate for the project. MLA05-53 Applicant: Widell; To rezone an approximately 6.10 acre site on the west side of SR 20 adjacent to the Glen Cove LAMIRD from RR 1:5 (I dwelling unit to 5 acres) to Light Industrial/Commercial. Final Staff Recommendation: Deny, as originally recommended in the staff report. Josh Peters explained that staff cited past processes regarding the boundary of the Glen Cove LAMIRD including a legal process which resulted in an ordinance adopting the final boundary of the Glen Cove LAMIRD. Planning Commission Recommendation: Approve, 7 in favor and 0 opposed. Jim Hagan stated that the property meets many ofthe requirements of the LAMIRD statutes and is consistent with the July 1, 1990 built environment. The 1997 GMA amendments state that "rural counties must have the flexibility to retain existing businesses and allow them to expand." The residents of Jefferson County also support this goal. Page 5 . Commissioners Meeting Minutes: Week of October 24, 2005 ~'~'."'.'.'.'. ~.... ..!<'K:,'~ ~1~/fl "(.~..~.;. MLA05-59 Applicant: Olympic Property Group (OPG); To rezone an approximately 40 acre parcel near Shine on the north side ofSR 104 from RR 1:10 (1 dwelling unit to 10 acres) to RR 1:5 (1 dwelling unit to 5 acres.) Final Staff Recommendation: Approve, as originally recommended in staff report. Josh Peters explained that this parcel is designated 1:10 and is surrounded by 1:5 parcels to the south, east and west, and Resource Lands to the north. Planning Commission Recommendation: Approve, 8 in favor and 0 opposed. MLA05-60 Applicant: Olympic Property Group (OPG); To rezone approximately 251acres just east of Port Ludlow, which is divided into seven separate parcels, from RR 1:20 (1 dwelling unit to 20 acres) to RR 1:5 (1 dwelling unit to 5 acres.) Final Staff Recommendation: Deny, as originally recommended in staff report. Josh Peters explained that the staff and the Planning Commission have different views on the interpretation ofthe criteria for zoning an area similar to adjacent properties. In the Comprehensive Plan, there was specific criteria laid out to maintain 1 :20 designation for the areas around Urban Growth Areas and the Master Planned Resort and this would apply to these parcels. Planning Commission Recommendation: Approve, 7 in favor and 2 opposed. Jim Hagan explained that the application was submitted as a single tax parcel. This amendment is similar to a Comprehensive Plan Amendment approved by the County Commissioners in 1999 regarding the Chevy Chase area. There were issues with that amendment that should have been addressed since that time and haven't been. The same circumstances deserve the same result. To the north of the MPR, there are significant areas of 1:5 zoning. This parcel is unique because a section of it is designated "open space" and acts as a transitional buffer. It is almost completely surrounded by 1:5 parcels and 1:2 parcels. MLA05-61 Applicant: Olympic Property Group (OPG); To rezone three parcels comprising approximately 158 acres near Shine on the north side of SR 104 from CF 1 :80 (Commercial Forestland; 1 dwelling to 80 acres) to a combination ofRR 1:10 (1 dwelling unit to 10 acres) and RR 1:5 (1 dwelling unit to 5 acres.) Page 6 Commissioners Meeting Minutes: Week of October 24, 2005 ~""'" "': -- "" --~ ;._:,,,-~ ~;5111~~;'''~- Final Staff Recommendation: Re-zone only the portion ofthe subject area that is within the final boundary of the water service area to RR 1 :20 (1 dwelling to 20 acres.) Note: The preliminary recommendation as presented in the August 3 staff report was to deny. Josh Peters explained that many similar arguments have been made about when and how forest land should be taken out of the designation. In this case, the main focus of the discussion was the location of the water service area. A water service area map originally included the entire area for the proposed rezone, but when the water service area boundary was finalized recently, approximately half of the area was included. Planning Commission Recommendation: Approve, 6 in favor and 3 opposed. Jim Hagan stated that this is a unique situation because the existence of the water system is not present in the other properties with forest land designations. One of the criteria in the Interim Forest Land Ordinance is that the majority of the parcel be located outside of any community water system. Without surveying the property, it appears that the water system covers at least half of the parcels. The different densities proposed by the applicant allow for the 1 :10 transition to a 1 :5. There are already established patterns of intensely developed properties in the area. It is not likely that this property will have long term viable commercial significance as forest land. MLA05-66 Applicant: Jefferson County; Suggested amendments for Comprehensive Plan housekeeping involving map anomalies and text and table corrections. Final Staff Recommendation: Approve. Planning Commission Recommendation: Approve. MLA05-70 Applicant: Pepper; To rezone an 11acre parcel at the northeast intersection of Four Corners Road and SR 20 from RR 1:10 (1 dwelling unit to 10 acres) to Rural Commercial (Neighborhood Crossroads). Final Staff Recommendation: Deny. Josh Peters explained that this application was made in 2002 and nothing has changed from a criteria perspective. There are no water taps for this property, however, there is a water line adjacent to it. Page 7 Commissioners Meeting Minutes: Week of October 24, 2005 " Planning Commission Recommendation: Approve, 7 in favor and 1 opposed. Jim Hagan stated that the GMA statute on LAMIRDs provides for rural development consisting of infill. When the Four Corners LAMIRD was established, there was no acreage established for infill over a 20 year planning period. This property was zoned commercial in 1990 and SR 20 is a logical physical boundary. A LAMIRD is not limited to commercial use, but can also be used for affordable housing. At the conclusion of the review, Josh Peters suggested that since the Board is not meeting next week, they authorize the County Administrator to sign the notice for the Board's hearing to be published in the newspaper on November 2 in order for the hearing to be scheduled on Monday, November 14. Commissioner Rodgers moved to authorize the County Administrator to sign the notice for the Board's public hearing on the 2005 Comprehensive Plan Amendment Docket. Commissioner Sullivan seconded the motion which carried by a unanimous vote. HEARING NOTICE re: Community Development Block Grant (CDBG) Application; Olympic Microloan Fund: John Fischbach presented a hearing notice from the Economic Development Council for a CDBG application for the Olympic Mircoloan Fund. The hearing is scheduled for Monday, November 7,2005 at 10:05 a.m. in the Commissioner's Chambers. Commissioner Sullivan moved to approve the hearing notice. Commissioner Rodgers seconded the motion which carried by a unanimous vote. The Board met in Executive Session from Noon - 12:30 p.m. with the County Administrator, Deputy Prosecuting Attorney, and Director of Community Development regarding potential litigation. At 2 p.m. all 3 Commissioners were present at the Larry Scott Memorial Trail trailhead at the Port of Port Townsend for an award presentation and photo opportunity when the Larry Scott Memorial Trail was named the "Best Trail in Jefferson County." The meeting was recessed at the close of business on Monday and reconvened on Tuesday at 10:00 a.m. All three Commissioners were present. Letter of Support for Port Townsend as a Preserve America Community; Advisory Council on Historic Preservation: John Fischbach presented a letter of support that the Port Townsend Mainstreet organization had requested for a grant for Port Townsend as a Preserve America Community. Page 8 Commissioners Meeting Minutes: Week of October 24,2005 IJ'..""..'."'. ;' -,~^ ~ "."llf'I'~:" ~~~- Commissioner Sullivan moved to have the Board sign the letter of support to the Advisory Council on Historic Preservation regarding the application from Port Townsend for Preserve America Communities. Commissioner Rodgers seconded the motion which carried by a unanimous vote. JEFFERSON COUNTY BOARD OF COMMISSIONERS . '" . f , Chair ~ IZ ~/~ Davl~~~ber ~be~ <' fl!.dL( PzO-~, erne , Julie Matthes, CMC Deputy Clerk of the Board Page 9