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HomeMy WebLinkAboutM112105 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 November 21,2005 Chairman Phil Johnson called the meeting to order in the presence of Commissioner David W, Sullivan and Commissioner Patrick M. Rodgers. PUBLIC COMMENT PERIOD: The following comments were made: concerns were expressed about the time line to get a septic permit through the County system; a suggestion was made about scheduling the pumping of septic tanks on a regular basis; the section regarding junk cars in the Solid Waste Ordinance that was recently passed by the Board of Health needs to be amended to be more workable for people; the Comprehensive Plan is a "living" document that is expected to change over time as circumstances change and the interim Forest Land Ordinance from 1996 needs to be reviewed and revised; there should be a noise ordinance in the County to address situations such as gunfire from Security Services Northwest; public safety is a responsibility oflocal government and the funding for 911 dispatch (JeffCom) should not be cut in the 2006 budget; and 2 petitions were submitted signed by 284 citizens who don't agree that government money should be used to search, cite, and prosecute property owners who have junk vehicles when there are many more serious health issues that need to be addressed. 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. 70-05 re: Agreeing to Pay any Punitive Damages that Might Be Awarded Against Certain Employees Employed by the Jefferson County Sheriff 2. RESOLUTION NO. 71-05 re: HEARING NOTICE; Proposed Supplemental Budget Extensions/Appropriations for Various County Departments; Hearing Scheduled for Monday, December 5,2005 at 10:05 a.m. in the Commissioners' Chambers 3. HEARING NOTICE re: Community Development Block Grant (CDBG) Application; 2006 Public Service Grant and Close Out of the 2005 Public Service Grant; Olympic Community Action Programs (OlyCAP); Hearing Scheduled for Monday, December 5, 2005 at 10:30 a.m. in the Commissioners' Chambers Page 1 Commissioners Meeting Minutes: Week of November 21,2005 ~."""" " ... ';'~;". ,f :: "~>:; ;'1~ifl'T'('~~'- 4. AGREEMENT re: Enhanced 911 Cellular Phone Service Phase I and II; Jefferson County JeffCom; Verizon Wireless 5. AGREEMENT NO. 0563-84804 re: 2005-2007 Consolidated Contract Services; Jefferson County Juvenile and Family Court Services; Washington State Department of Social and Health Services 6. AGREEMENT NO. 0563-84714 re: 2005-2007 Disposition Alternatives; Jefferson County Juvenile and Family Court Services; Washington State Department of Social and Health Services 7. AGREEMENT NO. 0563-84914 re: 2005-2007 Various Services - E3SHB3900 Funds; Jefferson County Juvenile and Family Court Services; Washington State Department of Social and Health Services 8, Advisory Board Reappointment; Jefferson County Civil Service Commission; Term Expires November 14, 2011; Dennis Cowan 9, Advisory Board Resignation; Jefferson County Civil Service Commission, Chief Examiner, Gordon Barnett Deliberation and Possible Decisions on the 2005 Comprehensive Plan Amendment Docket: Director of Community Development Al Scalf explained that staff will present a brief description of each amendment and note the recommendations of the Planning Commission and staff, He suggested that the Board then make a motion on the amendment and begin their discussion and deliberation, MLA05-06 Applicant: McDiehl LLC; To rezone a 0,89 acre site located at the northeast comer of Osprey Ridge and Oak Bay Roads in Port Ludlow from MPR (Master Plan Resort) Residential to MPR Village Commercial Center. The Planning Commission and staff recommend approval. Commissioner Rodgers moved to approve MLA05-06. Commissioner Sullivan stated that, during the public hearing, a comment was made about the heading on page 315 of the Comprehensive Plan which states Port Ludlow Village Commercial Center - Final Boundary. Senior Planner Josh Peters explained that a Master Plan Resort (MPR) is a specific designation in the Growth Management Act and is not considered rural or urban, Rural LAMIRD criteria and Urban Growth Area (UGA) criteria do not apply in this case, The Port Ludlow MPR is more urban in appearance, The 1993 programmatic EIS done by the developer includes caps on services and square footage related to commerciaVindustrial use at the Village Center. In the final Resort Plan process, the numbers proposed by the developer are approximately 130,000 square feet of build out. However, the development agreement and the programmatic EIS only apply to that developer. The property in this amendment is private property within the MPR. Josh Peters quoted the Jefferson County Code, Revisions to Resort Plan, which states, "Any proposed changes to the MPR boundary or zone changes within the MPR shall require a Comprehensive Plan amendment and related zoning action." Page 2 Commissioners Meeting Minutes: Week of November 21,2005 Commissioner Sullivan asked ifthe language in the Comprehensive Plan should be changed? Deputy Prosecuting Attorney David Alvarez stated that MLA05-06 has been through an extensive public planning process. The language in the Comprehensive Plan will need to be changed eventually because there is a technical inconsistency. Commissioner Sullivan asked which change should come first? David Alvarez stated that both the amendment and the language revision are changes to the Comprehensive Plan and the two changes ideally should occur simultaneously, Al Scalf noted that in the context of the Comprehensive Plan and the MPR there isn't a single clear definition of the word "final." Commissioner Sullivan seconded the motion, Commissioner Rodgers stated that this amendment is consistent with the area and it isn't inconsistent with the MPR. It has been through extensive public process, Chairman Johnson added that it is appropriate to an urban commercial area, Commissioner Sullivan stated that he wants the findings to note that this isn't a LAMIRD, In addition, he mentioned his concern about the language in the Comprehensive Plan that wasn't considered in the public process, Josh Peters explained that, after the Board makes their decision on the amendments, staffwill develop an ordinance that will include the findings and decisions on each amendment. He added that it is difficult to say what "final" meant in this context in the Comprehensive Plan, because the Code has a specific process for revisiting the boundary, Commissioner Sullivan suggested that the findings also acknowledge that this is a site specific amendment and it won't apply to any other LAMlRDs because this isn't a LAMIRD. Chairman Johnson called for the question, The vote was unanimous in favor of approving MLA05-06. 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.) The Planning Commission recommendation is to approve. The staff recommendation is to deny. Commissioner Sullivan moved to deny MLA05-38, Chairman Johnson seconded the motion. Commissioner Rodgers explained that a Mason County case demonstrated that the Board has a right to define commercial forest lands, In 1996, Jefferson County developed an interim Forest Lands Ordinance which was to be revised but hasn't been revisited in 9 years, Petitioners are in an awkward position because, under the 1996 rules, the successful growth of commercial timber on their property is very marginal. Page 3 Commissioners Meeting Minutes: Week of November 21,2005 E"'''''''. ;- ...........:~, ~jt.I.'/r"(.~~''"'' Commissioner Sullivan agreed about the need to update the interim Forest Lands Ordinance. He stated that this specific property was logged in 1997 and replanted, it has had an open space forestry tax classification since the 1970s, and the Department of Natural Resources (DNR) says it is suitable for logging. He feels that approving this amendment may violate 2 Natural Resource Policy goals in the Comprehensive Plan. He agrees with the staff recommendation, Chairman Johnson agreed with Commissioner Sullivan and added that the DNR has stated that the soil conditions are similar to other commercial forest soils in Jefferson County. The history of this property is as commercial forest. Commissioner Rodgers quoted the staff findings: based on a programmatic environmental review, no specific characteristics exist that would preclude the use of these sites for residential purposes. He reiterated that this isn't good land for forest development. Chairman Johnson called for a vote on the motion to deny the amendment. Chairman Johnson and Commissioner Sullivan voted for the motion. Commissioner Rodgers voted against the motion. The motion carried. 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.) The Planning Commission recommendation is to approve the amendment and the staff recommendation is to deny the amendment. Commissioner Rodgers moved to approve MLA05-39. Chairman Johnson seconded the motion. Chairman Johnson stated that the majority of the parcels adjacent to the property are smaller in size, Commissioner Rodgers agreed and pointed out that, in many cases around the County, the zoning designation is different than the existing parcel sizes in an area. Commissioner Sullivan noted that this is a transition area, The applicant had said that this proposal would help preserve agricultural lands, but he doesn't agree. He thinks it is a conflict with the Agricultural Goals in the Comprehensive Plan, Chairman Johnson called for a vote on the motion to approve MLA05-39, Chairman Johnson and Commissioner Rodgers voted for the motion. Commissioner Sullivan voted against the motion, The motion carried. Page 4 Commissioners Meeting Minutes: Week of November 21, 2005 e"'''''' ...:.......'." ; --------':':.~ 'l:~ > ':-' '.. .,. .111J!'X"~ 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.) The Planning Commission recommendation is approval for RR 1 :20 to RR 1: 1 0 without conditions. The staff recommendation is to deny the amendment to go from RR 1 :20 to RR 1:5. Commissioner Rodgers asked about staff s alternative recommendation to rezone the property RR 1: 1 0 with the condition ofthe Planned Rural Residential Development (PRRD), Josh Peters explained that in the staff report dated August 3, this had been brought forward and there was discussion about PRRDs and clustering. The applicants had stated that they were interested in doing this type of subdivision. The Planning Commission's final recommendation was a RR 1: 10 designation without conditions, Staff had raised the RR 1: 10 possibility if the property was going to be rezoned, but the final staff position is to deny. Josh Peters clarified that a PRRD would be optional under the Planning Commission's recommendation ofRR 1: 1 0 and under a PRRD it is possible to increase the density to 3 building sites. Al Scalf noted that this decision would come before the Hearing Examiner, Commissioner Rodgers moved to approve MLA05-51, Commissioner Sullivan seconded the motion. Chairman Johnson asked ifthe Board can condition the approval of the amendment on a PRRD? Josh Peters answered that this has been done in the past. Commissioner Rodgers amended the motion to approve MLA05-51 with the added condition of a PRRD, Commissioner Sullivan stated that there is adequate land zoned RR 1 :20 and an adequate variety of zones, i.e., rural residential densities, There were concerns about increased pressure to rezone 1 :20 property, but this is a site specific amendment. It provides an adequate transition to the adjacent properties that are in commercial forest designation, Chairman Johnson added that there are smaller parcels on 2 boundaries. Commissioner Sullivan seconded the amended motion. Chairman Johnson called for a vote on the motion, The vote was unanimous in favor of approving MLA05- 51 as amended and conditioned. MLA05-53 Applicant: Widell; To rezone an approximately 6,10 acre site on the west side ofSR 20 adjacent to the Glen Cove LAMIRD from RR 1:5 (1 dwelling unit to 5 acres) to Light Industrial/Commercial. The Planning Commission recommendation was to approve, The staff recommendation was to deny, Page 5 Commissioners Meeting Minutes: Week of November 21,2005 .;,llo.; ( " Commissioner Rodgers disclosed that the applicant had asked to talk with him about this amendment, but because it was a quasi-judicial issue, he talked with him only regarding planning in general terms, They did not discuss the specific site. Chairman Johnson stated that the applicant had called and left a message but he was unable to return his call because he was out oftown, Commissioner Sullivan added that he tried to return the applicant's phone call, but his cell phone didn't take messages. Commissioner Sullivan moved to deny MLA05-053, Chairman Johnson seconded the motion. Commissioner Rodgers stated that this location is not an appropriate place for a residence, The best use of the property is the landuse designation that the applicant is requesting in the amendment. Commissioner Sullivan noted that ifthis property was rezoned, the outer boundary of the Glen Cove LAMIRD would be expanded, Based on built environment, he doesn't think that the applicant made an adequate case to include the property. Commissioner Rodgers asked if the reason the outer boundary of the Glen Cove LAMIRD can't be changed is because ofa Western Washington Growth Management Hearings Board's decision or case law? David Alvarez replied that it is case law that is applicable to Jefferson County. Commissioner Rodgers mentioned that recently there have been several cases that allow the local legislative authority to change the boundary of a LAMIRD, David Alvarez explained that, after litigating for 2 years, the word "final" replaced the word "interim" in the Comprehensive Plan regarding the Glen Cove LAMIRD boundary and the ordinance resulting from this litigation states that it is final until 2016, Commissioner Sullivan found the argument convincing that this was "outfill" rather than "infi11." He is in favor of allowing businesses to expand, but doesn't think that rural residential property should be rezoned to accomplish this. Chairman Johnson called for a vote on the motion, Chairman Johnson and Commissioner Sullivan voted to deny MLA05-53. Commissioner Rodgers voted against the motion. The motion carried, 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.) The Planning Commission recommendation was to approve. The staff recommendation was to approve, Commissioner Rodgers moved to approve MLA05-59, Commissioner Sullivan seconded the motion, Page 6 Commissioners Meeting Minutes: Week of November 21,2005 Commissioner Sullivan explained that the water service area existed for some time before the water system plan was approved in 2004. As a PUD Commissioner at the time, he noted that their mission is to conserve water and power sources for the future and to provide utility services and that the PUD is not in the land use business, Water is a rural level of service. This amendment does provide a transition for the established pattern of lots and it is creating seven 5 acre lots rather than four 10 acre lots which seems to fit the current density pattern. There was concern about increased impervious surface, but he doesn't think this would be significant in this area. The fact that this is a wellhead protection area will be addressed at the project level. Chairman Johnson agreed with Commissioner Sullivan. Chairman Johnson called for the vote on the motion, The vote was unanimous in favor of approving MLA05-59. MLAOS-60 Applicant: Olympic Property Group (OPG); To rezone approximately 251 acres just east of Port Ludlow at Tala Point from RR 1 :20 (1 dwelling unit to 20 acres) to RR 1:5 (1 dwelling unit to 5 acres.) The Planning Commission has recommended approval. The staff recommendation is to deny. Commissioner Rodgers moved to approve MLA05-60. Chairman Johnson seconded the motion. Chairman Johnson noted that his biggest concern is that RR 1 :20 serves as a transition adjacent to UGAs and MPRs. He thinks this is a reasonable request if one of the conditions of approval is a PRRD. This would leave the majority of the property in open space and there would be a 1 dwelling to 20 acre buffer adjacent to the MPR. Commissioner Rodgers amended the motion to approve the amendment ofRR 1:5 zoning with the conditions of a PRRD and a 20 acre buffer adjacent to the MPR. Chairman Johnson seconded the amended motion. David Alvarez noted that this wasn't the applicant's request. Commissioner Rodgers stated that the Board has the ability to add conditions. Josh Peters explained that a few years ago an amendment was approved on a property that was divided by SR 19. The conditions ofthe approval were that it be developed as a PRRD and that the open space had to be located on a specific side of the highway. Page 7 Commissioners Meeting Minutes: Week of November 21, 2005 ~""""'" " .....t - - ..~...:., ,. ~f" ...~.... ,,- .1/11,,(,'\ .. Josh Peters clarified that Chairman Johnson is suggesting that a 20 acre boundary would buffer the MPR and the remaining property to be developed would be outside ofthe buffer. He noted original and express language in the Comprehensive Plan policy requiring RR 1 :20 zoning around a MPR or UGA. The intension ofthe policy is to maintain open space around a UGA to allow for future expansion of the UGA. This may be the same objective for an MPR. Ifthis is the case, the residential component needs to be closer to the MPR. There was a discussion about tabling the discussion on this amendment until staff could provide more information on the PRRD and open spacelbuffer options, Josh Peters stated that instead oftabling the amendment, staff can do the research on MLA05-060 that the Board has requested and offer sets of proposed findings that would correlate with alternative scenarios, The Board can make their decision on the amendment when the draft ordinance comes forward, Commissioner Sullivan stated that his concern about this amendment is the negative impact on the surrounding parcels that are currently on wells in a shoreline area because this property currently serves as an aquifer recharge zone, He is also concerned because there was no comment from property owners adjacent to the property during the public process even though the County's legal responsibility was met. No action was taken at this time, MLA05-61 Applicant: Olympic Property Group (OPG); To rezone three parcels comprising approximately 158 acres near Shine on the north side ofSR 104 from CF 1:80 (Commercial Forestland; 1 dwelling to 80 acres) to a combination of RR 1: 1 0 (1 dwelling unit to 10 acres) and RR 1: 5 (1 dwelling unit to 5 acres.) The Planning Commission recommendation is to approve, The original staff recommendation was to deny, The final staff recommendation is to re-zone only the portion ofthe subject area that is within the final boundary ofthe water service area to RR 1 :20. That is approximately half of the total acreage. Commissioner Sullivan moved to deny MLA05-61. Chairman Johnson seconded the motion, Commissioner Rodgers noted that a considerable amount of the property is within the water system service area, He thinks it is appropriate for development within the water district. Commissioner Sullivan reiterated the water system service area arguments he had made in the discussion ofMLA05-59. He feels that the presence of a water system doesn't dictate land use, He added that not that much has changed since the Comprehensive Plan was approved and the Hearing Examiner reviewed this property in 1997 and rejected the change from forest land to residential. Commissioner Rodgers noted that there are smaller sized lots nearby and there is a water system service area because this was intended to be a residential area, Page 8 Commissioners Meeting Minutes: Week of November 21,2005 ~~~ -.r ~III"('( Chairman Johnson added that he doesn't want to upzone commercial forest property. Chairman Johnson called for a vote on the motion. Chairman Johnson and Commissioner Sullivan voted to deny MLA05-61. Commissioner Rodgers voted against the motion, The motion carried. MLA05-70 Applicant: Pepper; To rezone an llacre parcel at the northeast intersection of Four Comers Road and SR 20 from RR 1:10 (1 dwelling unit to 10 acres) to Rural Commercial (Neighborhood Crossroads), The Planning Commission recommendation was to approve, The staff recommendation was to deny, Chairman Johnson disclosed the fact that he built a house for the applicant approximately 10 years ago and that the County Commissioners sit on the Transit Board. Commissioner Rodgers stated that he was in favor of rezoning this property to commercial when he was a Planning Commission member in 1997. The property is appropriate for commercial use. The Transit Board has also determined that this is an appropriate use because they have chosen it as the site for Jefferson Transit Headquarters, This will be an Essential Public Facility and will have all the characteristics of a commercial use, Commissioner Sullivan moved to deny MLA05-070, Chairman Johnson seconded the motion, Commissioner Sullivan stated that the Transit issue isn't applicable because the headquarters can be built on rural residential property with a conditional use permit. The LAMIRD boundary isn't flawed and this is another case of "outfilling" of a LAMIRD instead of "infilling" it. As far as the built environment before 1990, a water line in the area is not sufficient infrastructure, The Growth Management Hearings Board has told the County that LAMIRD boundaries are final and the County lost a case in Superior Court. Chairman Johnson called for a vote on the motion. Chairman Johnson and Commissioner Sullivan voted to deny MLA05-70, Commissioner Rodgers voted against the motion, The motion carried. MLA05-66 Applicant: Jefferson County; Suggested amendments for Comprehensive Plan housekeeping involving map anomalies and text and table corrections, The Planning Commission recommendation is to approve, The staff recommendation is to approve. Commissioner Rodgers moved to approve MLA05-066, Commissioner Sullivan seconded the motion which carried, Page 9 Commissioners Meeting Minutes: Week of November 21,2005 ~..'...'''.'..'..'.'' ;'.-'."~ .f:fJf~I"".'~"~ Josh Peters reiterated that staffwill draft an ordinance to include the findings for each amendment and the Board's decisions, including several scenarios on MLA05-60, This will be on the Board's agenda on December 5. The meeting was recessed at the close of business on Monday and reconvened on Tuesday mornmg. All three Commissioners were present. Statement of Agreed Priority for WRIA 17; FY2007 Centennial Clean Water Fund (CCWF) Loan and Grant Application: County Administrator John Fischbach explained that WRIA 17 is sending this Statement of Agreed Priority to the Department of Ecology to receive grant funding for the Chimacum Creek Clean Water Project. Commissioner Sullivan, representing the County on the WRIA Planning Group has been asked to sign the letter, along with Al Latham, Jefferson County Conservation District, Kees Kolff, City of Port Townsend, and Jim Parker, Jefferson County Public Utility District. Commissioner Sullivan explained that the Environmental Health Department has written a grant application to do a water quality monitoring project at Chimacum Creek. Chairman Johnson moved to authorize Commissioner Sullivan to sign the Statement of Agreed Priority to the State DOE ranking the Chimacum Creek Clean Water Project as the #1 priority ofWRIA 17 for the FY2007 Centennial Clean Water Fund Loan and Grant. In the temporary absence of Commissioner Rodgers, Commissioner Sullivan seconded the motion which carried, JEFFERSON COUNTY BOARD OF COMMISSIONERS Jlti0 ~J (me Julie Matthes, CMC Deputy Clerk of the Board /~ /1J_,~- Davic.J::.r~~ember ~~ber Page 10