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JEFFERSON COUNTY
PLANNING COMMISSION
621 Sheridan Street
Port Townsend, WA 98368
(360) 379-4450
SPECIAL JOINT MEETING OF THE
JEFFERSON COUNTY PLANNING COMMISSION
AND
BOARD OF COUNTY COMMISSIONERS
Minutes for April 9, 2008
A. Opening Business
B, Joint Workshop with BoCC - Presentation by 2008 Comp Plan
Amendment Applicants
PC Minutes 4/9/08
Page 1
A. Opening Business:
The meeting was called to order at the WSU Learning Center at 6:30 p.m. by Chair Peter
Downey, Planning Commission members present were Peter Downey, Henry Werch, Bill Miller,
Mike Whittaker, Tom Brotherton, Barbara Nightingale, Patricia Farmer, Tom Giske and Ashley
Bullitt.
The Board of County Commissioners present were Chair Phil Johnson, John Austin and David
Sullivan.
The DCD staff present were AI Scalf, Director, Stacie Hoskins, Planning Manager, Ryan Hunter,
Karen Barrows and Joel Peterson, Assistant Planners.
Members of the public who signed the guest list were Dennis Schultz, Bud Schindler, Molly
Lawrence, Jim Mort (hard to read last name), Frank Hoffinan, Larry Nobles, Tom McCay, James
Jackson, Teresa Goldsmith, Jim Graf, Robert Jackson, Sandy Hershelman, Richard Broders and
Jim Hagen.
Approval of minutes: None this meeting
B. Presentation by 2008 Comp Plan Amendment Applicants:
Karen Barrows introduced MLA08-32 proposed by Dave HollandlDavos CapitoL This is a 14
acre parcel at the comer of Hastings and Arabian Lane in Port Townsend. The request is for a
changefromRR l:lOtoRR 1:5,
A representative (no name given) commented that the application is fairly complete but wants to
learn more about the process. Commissioner David Sullivan commented on the history and that
in 1986-87 the previous owners deemed the County 1.9 acres for a road approach, The
representative for this proposal responded about looking through a title search regarding this road
approach,
Ryan Hunter introduced MLA08-56 proposed by Gloria Brown Trustee. The request is to change
a 116 acre parcel located one mile west of the intersection of Eagle mount and Center Roads in
Chimacum from CF 1:80 to a combination ofRF 1:40 (approximately 80 acres) and RR 1:20 or
Ag lands of local significance 1 :20 for the residual property of approximately 36 acres.
Teresa Goldsmith commented that the primary reason for this request is due to a mapping error
and explained the discrepancies, This is the same property that the CAO committee and PC
took a tour of with Dr. Ken Brooks during the CA process, David Sullivan commented about the
availability of water.
Karen Barrows introduced MLA08-59 proposed by Keith Guise, This is a 5,8 acre parcel located
on Oak Bay Road in Port Ludlow, The request is to change from Master Planned Resort (MPR)
single family tracts to MPR Village Commercial Center (LAMIRD), Ms, Barrows explained that
it is currently used as church grounds and the intention is to split to have a single family dwelling
and a small commercial retailJoffice lease building,
Questions were raised whether there was a church on this property and it was stated that it did not
look like a church was on the map as described by the planner, Several conversations from the
PC and other staff expressed confusion about this application as not clear and a big concern about
PC Minutes 4/9/08
Page 2
the expansion of a LAMIRD, Chair Downey asked for better clarification from the planner about
this application, Larry Nobles questioned about the CC&R' s in Port Ludlow and would like to be
reassured that this property if it becomes rezoned as commercial falls within the guidelines of the
development agreement with PLA and how this affects the MERU count
Ryan Hunter introduced MLA08-69 proposed by Jeffrey George. This request is a change for
approximately 20 acre parcel located at 472 South Edwards Road, Port Townsend, The request is
to change RR 1:20 to RR 1:\0,
Tamara George commented that the property is not suitable for farming or pasture and they want
to maintain the rural character of the area and have more affordable housing,
Ryan Hunter introduced MLA08-73 proposed by James Jackson/Chimacum Heights LLC. The
request is for a change of 120 acre parcel located near Chimacum from CF I :80 to RR I: I 0,
James Jackson commented that the full request is before the PC and BoCC. He read a statement
and quoted GMA, RCW definition "forest land means land primarily devoted to growing trees for
long term commercial timber production on land that can be economically and practically
managed for such production", He also stated the definition lists four criteria, A through D, to
ascertain ifland qualifies as "commercial" timber producing land, The JCC adds two more
criteria and refers to all six as indicators, That is, does this land fit appropriately into the CF
basket? When evaluating his request in detail you will observe by applying the RCW definition
and the JCC indicators, that his land was placed into the wrong basket as the inception of GMA
rules in Jefferson County, This land has been owned by the JacksonlKenyon families for the past
75 years. In the 1920's, 30's, 40's, 50's and 60's his father owned the Peninsula Food Store in
Chimacum. He was never a commercial forester and never had this land logged. The site was
given as a wedding gift to Ted Kenyon who was a laborer at Boeing his entire life and never was
a commercial forester.
Mr. Jackson stated he was a state employee for 40 years, never a commercial forester. The 120
acre is primarily covered with bushes, willows, maple, alder and some fir, He stated that 120
acres is too small a site to produce a commercial livelihood. If it was even possible to go
commercial on this type 3 and 4 soils land a person would plan for a 60 year cycle as follows:
plant two acres per year and harvest two acres per year, Two acres multiplied by the 60 year
growing cycle equals 120 acres, In today's market that would gross about $10,000 per year
which one half goes to the logger to cut and haul away the timber, At the most, not counting
labor, the yearly income would be less than $5,000 and cannot produce a livelihood, He
requested that this amendment put into the correct basket designation,
Joel Peterson introduced MLA08-84 proposed by Richard Broders, The request is for a change
of approximately 36 acres located on Oak Bay Road to Cleveland Street from RR I :20 to RR 1:5.
There are currently no plans to develop this parcel as it is vacant
Richard Broders stated this is one single parcel and has P,U,D, water down Cleveland Street in
the tri-area service area, He stated that he looked at zoning for East Jefferson County and this
was the only example of a parcel this size that was zoned I :20 and was not continuous to some
other larger properties. He stated possibly a mapping error in the past as it had the same parcel
number as some other parcels and maybe that is why this was zoned by itself
Karen Barrows introduced MLA08-87 proposed by Robert Efird, The request is a change for a
15 acre parcel located on South Marrowstone Island, The request is to change from RR I: I 0 to
PC Minutes 4/9108
Page 3
RR 1:5. Ms, Barrows stated the applicant is aware of the public water issues and the moratorium
on sub-dividing and the applicant feels confident the moratorium will be lifted. The applicant
would like to retain a 10 acre parcel and build a SFD and sell the remaining 5 acres to finance the
home,
David Sullivan commented on the P,U,D, water system and the issues involved in that
complicated decision for Marrowstone Island.
Joel Peterson introduced MLA08-93 proposed by Iron Mountam Quany. The request is for a
Mineral Resource Land Overlay (MRLO) and the property is located three miles west of the
Hood Canal and north of Highway 101. Molly Lawrence commented on the existing mining site
and they are looking to create an overlay for the existing mine. This is all commercial forest land
that has mineral resources underneath that meet the standards in the GMA Al Scalf explained
that in 1995 the County had their first Interim Mineral Resource Land Overlay, This was based
on the surface mining permits that were registered with the State Department of Natural
Resources, This carried forward into 1998 and in 2002 there was a Supreme Court case that
turned into the diminishing assets doctrine,
At some point Iron Mountain Quany came in to the administrator and asked for a code
interpretation in which Stacie Hoskins issued the interpretation and it was appealed to the
Hearings Examiner. The Hearings Examiner ruled as oftoday granting the appeal meaning
concurrence with the diminishing assets doctrine and overturning the code administration that
states a 10 acre parcel for mining needs to come to a comp plan, As such, Iron Mountain Quany
per the Hearing Examiner decision is granted an additional 142 acres on top of the existing 40
acre site, Chair Downey asked if they need the MRLO and Al Scalf stated that not according to
the laws that stand today, It is now open to a 21 day appeal period and ifthere is a court case
then the County would be subject to that decision,
Jim Morton, General Manager at Shine Quany in Port Ludlow commented that with the resources
he has left Iron Mountain Quarry is tying up the property all around him. He stated that Shine
Quarry is supplying material for four counties and who is Iron Mountain Quany going to supply
material to and can two companies supply that much for construction in Port Ludlow, he does not
see it There were comments regarding truck traffic, ways to negotiate in a neighborly way
regarding noise and buffering and if appealed it could last a long time, Lany Nobles, Port
Ludlow, commented on the distance to the MPR and the trails for the MPR in this area. He stated
there are serious concerns in Port Ludlow that at the north end of the property is really the buffer
zone between Port Ludlow and the existing Shine Quany, The citizens in Port Ludlow have been
pleased with the relationship with the existing Shine Quarry. The Shine Quany only blasts one
every three weeks and they are small blasts and they send out scouts to make sure no one is
walking on the trails, He states that Iron Mountain Quany is a big proposal and is proposing to
take out 8-10 million cubic yards over the years and is concerned about the buffer and noise,
Tom Giske asked how many mineral overlays do we have in Jefferson County and AI Scalf
responded that there are about 20-25 but the County has not designated nearly enough,
Karen Barrows introduced MLA08-96 proposed by Michael Holland/Blue Moon Investments
located at the intersection of Highway 104 and Shine, The request is to change from RR 1:5 to
RC (LAMIRD), Ms, Barrows read an email from Mr, Holland and it stated that his behalf the
reason he is requesting a comp plan amendment change for his office building at 104 and 21
Shine Road in Port Ludlow is that the current zoning of RR 1:5 is out of character with that
property and it simply got swept into the GMA plan in 1998 before he was the owner. The
building has always been a commercial or business enterprise since about 1979 and was never a
PC Minutes 4/9/08
Page 4
residence, The building has employed up to nine people in the past and due to it location and
visibility on 104, it is a natural candidate for a commercial business to serve the community in
that area, There are no specific development proposals at this time but if approved he would
consider starting a small business up to nine employees but not necessarily real estate which has
been the use of the building that is on that property so far,
Chair Downey asked that ifhe does not get the rezone he can still do business at that location to
some extent. Stacie Hoskins responded that she was not sure what was in the structure now but
he would be subject to the County's non-conforming use section, Ashley Bullirt commented that
because of the location she would like to know what the neighbors think John Austin questioned
that at one time there was a coffee stand on the property and Stacie Hoskins responded that a
coffee stand was bought but sold because the use was not allowed,
Ryan Hunter introduced MLA08-101 proposed by Catherine Hendy of Gerard Co located at 5411
Center Road, Chimacum. The request is to change a portion of one of two parcels to less than 4
acres from Resource Based Industrial Zone (RBIZ) to Light IndustriaL 1bis is a LAMIRD with a
former small sawmill that has been present on the site since before July I, 1990,
John Austin asked if this could be used for affordable housing and Stacie Hoskins responded that
the property is a Resource Based Industrial Zone (RBIZ) it would not be zoned for affordable
housing, There are wetlands to the South and to the North of the property and the zoning would
have to be completely changed and the property is not necessarily near urban services. Chair
Downey stated his concerns that the RBIZ se=s to be outdated and not usefuL David Sullivan
asked if Light Industrial is the applicant's only interest or would the applicant go to residential
use, Stacie Hoskins responded that Industrial is the applicant's first choice but if not approved
for what is proposed the applicant thought it viable to try and go residential because of the need to
get out of RBIZ. Ashley Bullitt commented that the applicant seemed very flexible in her outlook
as to what else could be done for the property, Chair Downey stated that it is not the best place
for residential use.
Bud Schindler introduced MLA08-98 proposed by Mike Whittaker and Bud Schindler on behalf
of the Planning Commission. 1bis is the side-by-side comparison and inconsistencies between
the Comp Plan and the UDe. Mr. Schindler stated that it is confusing for a planner or the public
due to the differences in both and Mr. Schindler described the history behind the Comp Plan and
the VDC. Mr. Schindler stated the County needs consistency with the goals and policies between
the two which would make it easier for the public and planners to understand,
Chair Downey stated that the County has to do a maj or Comp Plan update in 20 II and the work
could start in 2009 and this side-by-side comparison could be part of that process. Chair Downey
commented that a committee could be formed to start working on this even if this is not put
forward as a Comp Plan amendment this year, AI Scalf stated that Clark County appoints a
separate group of citizens to make a recommendation to the PC to get more participation for the 7
year update. Mr, Scalf stated there is a standard form from CTED that looks a population,
County wide planning policies, rural and urban densities and then the form is prepared for the PC
to review.
John Austin asked if the County has to go through a formal review process for typos, changes or
adjustments to this Comp Plan amendment. Stacie Hoskins responded that we are not allowed to
change anything without the BoCC approvaL AI Scalf suggested not adding any extra work due
to scarce resources and not enough staff to do this. This is a huge task to take on at this time with
all the other projects which include the UGA and the ILR Commissioner Werch suggested that
PC Minutes 4/9108
Page 5
staff note or log the inconsistencies that they may encounter during their work day and it makes
more sense for staff to do this than for a group that does not deal with these issues every day,
Chair Downey commented that staff time is valuable, limited and stressed right now and asked if
any PC members would be interested in working on this, Commissioner Werch disagreed with
this approach as it would require a good computer to be able to compare both documents,
Commissioner Nightingale commented that this is a big issue and takes a lot of research time,
Dennis Schultz introduced MLA08-99 proposed by Mike Whittaker, Mr, Schultz stated that this
was proposed two years ago and this would move density changes within a zone from the Comp
Plan to the tiDc, He stated that this would not be a big task to complete, This is not a task that
the PC needs to work on and staff could do this within a few hours as far as workload and then
present it to the PC, Ashley Bullitt questioned why this is so important to do now. Chair
Downey responded that when an applicant applies for a Comp Plan amendment it would decrease
the time line for density changes and then the applicant would not have to go through the entire
Comp Plan amendment cycle which is lengthy and some of those decisions may not be
complicated or complex and as government we need to be as sufficient as we can, Dennis
Schultz commented that four of the 2008 Comp Plan amendments that were presented tonight
could have been done at another time,
Joel Peterson introduced MLA07-104 proposed by Jefferson County and stated that the GMA has
Rural Area Major Industrial Developments under RCW 36.70a.365 and also Master Planning
Process Industrial Land Banks RCW 36.70a.367. He stated this is a two step process in which
the County designates an ILB in our Comp Plan and then we would go through subsequent master
planning for a specific Major Industrial Development (MID). He stated we can designate up to
two Industrial Land Banks, The benefits of going through this process of backing up and
identifYing sites in advance of an industrial development are; coming up with a strategy, our
reserve of parcels to find the appropriate siting of those parcels and be able to compete better in
the market if we think in advance of where to put our industrial development. This creates an
economic benefit to Jefferson County to have pre-established zones, The analysis for our ILB is
the proximity transportation, resource assets and water and all other issues to make it sensible to
site an industry in the ILB.
The County would consider a MID an urban growth area with the purpose of industrial use, A
new designation would be in the UDC 18,15,700 and would pre-establish the zoning, do SEPA at
a problematic level and the master development within the ILB would be a master plan process as
well as the development agreements. The County has employed E.D, Hovee and Company to do
four m~or tasks with include 1; a business survey profiles and industrial land inventory, 2;
searchable data base of vacant land and a needs assessment, 3; coming up with alternative
scenarios which the County could follow including: base line job and trends, jobs and housing
balance; cluster based growth; and a land constraint scenario in which we may have fewer
commercial lands zoned as far as growth, This information is available to the Economic
Development Council, our associated development organization Team Jefferson as this is useful
information to everyone, The work that E.D, Hovee has done provides the background for the
County to do an ILB and that is where we are now with the current Comp Plan amendment. The
County will probably work a contract extension with ED. Hovee to finish the last task of the ILB
but will reduce their involvement and use DCD to finish the last task.
John Austin asked about any kind of funding available to help with research for the ILB. Joel
Peterson responded that CTED may have funding and Al Scalf commented about the background
of the project with the different consultants and the Economic Development Council and was not
inclined look for grant funds and to utilize our current budget and focus on the task at hand for
PC Minutes 4/9/08
Page 6
the ILB. David Sullivan commented on Senate HB 1965 sunset of December 2007 regarding
ILB. Our State legislature was lobbied and now includes language changes to read "the authority
to take action to designate a Land Bank area and the Comprehensive Plan expires if not acted
upon by the County within the timeframe provided in this section", 'The timeframe is on or
before the last date to complete that County's next periodic review under RCW 36.70a.130 and
occurs prior to December 31, 2014" and for Jefferson County it is 20 II which is our deadline.
Jim Hagen asked the status of the information that is available from E,D, Hovee and the
information that we need to complete this for the cycle, Joel Peterson responded that the business
survey has been completed and complied into a report as of last June and is part of the
development of the scenarios. The GIS part is nearly done with the analysis of vacant lands with
and without water and also vacant land parcels and zoning which will be instrumental in the ILB
analysis, Al Scalf further commented that this is in draft form and will need to go back one more
time to the County Administrator and the DCD proposal would be to take away the review
committee and move this to the PC as public information in the 2008 Comp Plan amendment
cycle,
Motion by John Austin, seconded by Phil Johnson to adjourn the Special Meeting of the BoCC.
Motion carried unanlinously (3-0-0), The Special Meeting was adjourned at 9:40 p,m,
Public Commeut:
Jim Hagen commented on the relationship between land use planning and watershed planning and
they have run on separate tracts and the integration between the two processes is lacking. There
is a need to work together and the PC needs a representative to attend WRIA 17 planning unit
meetings as it would be helpful for both,
Chair Downey stated a letter has been drafted on the Moratorium on Adult Businesses, He stated
that work has been done by Tom Brotherton looking at other Ordinances adopted throughout the
State, Commissioner Werch commented that DCD needs to make a recommendation, Tom
Brotherton commented on his experience with the City of Kent about this issue, Chair Downey
asked the PC who would be interested in being on a committee to work on the Adult Business
issue, Commissioner Werch, Commissioner Brotherton and Commissioner Giske will be on the
committee with Commissioner Brotherton as Chair,
Commissioner Whittaker commented that in May is the election of new officers for the Pc. He
also commented on the importance of considering the resources of water and were told in the past
that it was not part of our area but it certainly has merit and questioned on how we qualify. Chair
Downey responded that this relates back to WRIA 17 water planning. Chair Downey asked the
PC who would be interested in being a representative to WRIA and Commissioner Nightingale
stated she would serve,
There was a short discussion on the process of the UDC amendments as it is separate from the
Comp Plan amendment cycle, Stacie Hoskins stated that she and Karen Barrows are working on
the Port Ludlow Drainage District (PLDD) amendment
Karen Barrows stated that the issue of Signs will be coming soon and will be asking the PC to
hold a Public Hearing on the Signs Ordinance.
PC Minutes 4/9/08
Page 7
Chair Downey stated that his goal is to have all these other issues complete before September
because in September the Comp Plan Amendments, the Shoreline Master Program and the
Brinnon MPR will be going strong before the Pc.
Adjournment:
The meeting was adjourned at 9:53 p.m,
Approval of Minutes:
These minutes were approved this QI day of May, 2008.
~.~~ -' ~~LO~
Peter Downey, Chair ~anie Orr, Secretary
Board of County Commissioners:
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PC Minutes 4/9/08
Page 8