Planning Commission (August 5)

--by Dixie A. Walter

    Once again the Eatonville Planning Commission postponed reviewing sections of the Comprehensive Plan because Town Planner Mart Kask was unable to attend the meeting. Commission Chair Steve Lind said Kask, “Is out of the country due to a death in the family.”

    Public Works Director Jamieson Van Eaton announced,  “A short course on planning, including comprehensive planning and land use, is scheduled for Monday, August 19.” The class will be held at the Eatonville Community Center from 6:30 to 9:30 p.m. Speakers will be a land use attorney and Mart Kask.

    Eatonville’s water woes may be alleviated somewhat. Public Works Director Jamieson Van Eaton was guardedly enthused, “It’s my good fortune to be able to report to you that we think we found water in the amount of approximately 150 gallons per minute from a recovery well.”

    Other business included discussion about the skateboard park and where to put it, remote toilets for Smallwood Park, questions about the school district’s compliance with zoning and conditional use, fair enforcement of town ordinances, sign size at The Country Mouse quilt shop, and whether or not persons living outside the town limits should sit on the planning commission.

    Van Eaton gave the planning commission a detailed report concerning the uneasy status of Eatonville’s water supply. Van Eaton explained, “Basically the town has a maximum water right per day. That’s averaged every day per year.” Referring to a July 2 report he prepared for the council, Van Eaton pointed out, “Our water rights averaged per day are 468,904 gallons per day every day this year. Our usage in 2001 was 316,967.

    “By the year 2015 we will exceed our water rights. Our maximum production is approximately 725,000 gallons per day, estimated.”

    According to Van Eaton, “Our maximum peak production is really not so much in question because we have the sand filters. And we’re capable of producing a lot of water in the summertime…”

    Continuing he said, “Our reservoir capacity shows we have 550,000 presently. By 2010 we’re going to need more reservoir capacity. Right now we have plans to build a reservoir up on Hilltop. We still have land acquisition negotiations with the landowner before we can proceed with that.

  “We have a loan from the Public Works Trust Fund in the amount of $425,000 that I will be presenting to council soon.”

    Van Eaton showed graphs to the commission but cautioned that the 1997 numbers “are not accurate” and informed the group that he would update the figures. He said, “In 1995 we used sixty-six percent of our water rights and I can tell you right now that we’re using about seventy-three percent or so.

    Our per capita consumption averaged at 186 gallons per day. That means every individual in town is using 186 gallons. If we don’t conserve water we’re going to hit our water rights ceiling in approximately 2005. If we do conserve we can get to 2015.” These figures take future growth into consideration.

    The public works director clarified Eatonville’s water rights; “Our real water rights are 525 acre feet, that averages out to 486,400 gallons per day every day of the year. That water right is the Mashell River surface water limit established by the Department of Ecology. It’s supplemental to our two wells, and our two wells have 610 gallons per minute.”

    The town is permitted to use the Mashell River surface water if the wells can’t produce enough water. However, Van Eaton warned, “Our water rights from the Mashell are actually relinquishable if we don’t use them. But that’s not an issue right now because we are nearing our capacity.”

    Commissioner Dave Babcock asked who issues water rights. Van Eaton answered, “The State Department of Ecology is in charge of our water rights. The Town of Eatonville’s water rights go back quite a number of years and they’ve been perfected to some extent over the years and reissued.

    “Once water rights are issued, one of the requirements is, if you don’t use what water rights you have you’re subject to losing them…if you haven’t used water for five years you have no rights.”

    Commissioner Jim King questioned the possibility “of getting our water rights increased as our population increases.”

    Van Eaton stated, “The Growth Management Act suggests that we should strive to increase our water rights to plan for our growth twenty years out…Requesting water rights and receiving them is a damned mess.

    “Municipalities throughout Washington have been applying for water rights, to find that it takes years and years to get them granted by Ecology.

    “If you want to apply for water rights from surface water you can forget it. It’s not going to happen because that encroaches on endangered species salmon.”

    Van Eaton continued, “That’s why the town is under a bilateral compliance agreement with the Department of Health to find a new source of water. Because it’s recognized that surface water is not a suitable supply for a municipality.”

    Babcock questioned the amount of water lost. Van Eaton said, “We’ve had consultants come in and study that for us, determine a number and suggest how the town could minimize leaks. I think it used to be as high as thirty percent for a year or two. Now it’s under six percent, or such a small amount we can’t measure it. I know it’s been a challenge for the town to find those leaks and fix them.”

    Eatonville Mayor Harold Parnell gave a brief history of water use and leaking pipes. “During the hot days of summer the town used to go over a million gallons a day. I was head of the water department on the council at the time. The grass was green all over the place and you could hear water running.

    “We did have a lot of wooden mains throughout town and in my time we tried to locate and redo a lot of them. Just before I left the council we started putting in water meters. After people had to start paying for water, consumption took a nosedive.”

    Commissioner Bobbi Allison asked Van Eaton, “When you bring back the updated figures are you going to include the over 200 lots that the town has approved for building?” We have approximately 200 lots as well as just vacant lots in town. Are we going to be able to service those?”

    Van Eaton responded, “Yes, I am making that correction. The numbers I was going to update haven’t been updated since 1997. The question you pose is one we all have on our minds and it’s information we all need to look at.”

Grins Pierce, commissioner, asked Van Eaton, “Has anybody even talked with the State Ecology Department? Since we’ve used the Mashell River for such an historically long time, is there mitigation that could be met?”

    Van Eaton replied, “That’s a valid question and certainly one that has crossed by mind. I sit in on meetings that are pretty much pro Department of Ecology. I bite my tongue. These people actually want us to relinquish our rights on the Mashell.”

    He added, “I had a pretty straightforward discussion with some of those folks, because I’m trying to get a feel for what will really impact the town if we go to a filtration project for water from the Mashell River.

    “Basically these folks are prepared to step in and micro-manage what we are doing here. If we have any water rights we’re not using they will want us to relinquish those rights for the salmon. I said ‘I can hardly believe you are saying this to me,’ but they did. So it’s very problematic to do anything on a watershed body of water.”

    Continuing, Van Eaton explained, “It’s a raging, ongoing battle between the GMA (Growth Management Act) and Ecology. GMA requires twenty years of planning for growth, and Ecology doesn’t care a flip whether or not you plan for growth.

    “So it’s an ongoing problem and one that a lot of folks are battling. That’s why I like to got to the RWA, Regional Water Association, and hear about some of the other communities. What we need to do is find a new source of water. We need to interface with the Department of Health in order to rewrite our agreement with them.

    “Our agreement now says we’ve got a timeline to identify ground water, and if we don’t identify water during this timeline, we filter from the Mashell River…I say ‘Do we have a basis for reevaluating our agreement with you?’ Their reply is, make it make sense to us, make it reasonable and we’ll talk to you. That’s where we are right now.”

    Lind said, “I notice Tacoma, Seattle and some other King County municipalities are in the process of building a pipeline from the river in anticipation of a growth of their water rights. Do you know anything about that?”

    Van Eaton answered, “No, I really don’t. I know that transmitting water over a distance is something that’s being considered more and more. I note that Port Townsend transmits water forty miles. Their system is pretty old, but it’s good and it works for them.

    I can only imagine that the farthest we would want to transmit water would be about one or two million dollars worth of distance, which might only be three or four miles.”

    Van Eaton told the commission that the council has authorized “us” to analyze quantity and quality of water found in the recovery well. He said, “At this point the recovery well is the second best well we have in town. And it’s only a recovery well, not a production well. I’m going to ask the council and mayor to approve the request to develop this well. We hope to get 150 gallons per minute. And possibly do two or three wells in the same vicinity.

    Van Eaton cautioned, “This doesn’t necessarily imply that we’ve got water to grow. At this point our objective is to find replacement water, and to find a new source of water to replace our contaminated surface water in our current wells.”

    Babcock asked, “What if we go over our water rights? What authority do they have to deal with this?”

    Van Eaton answered, “I don’t know, but I would suspect it would have something to do with ongoing litigation. The Department of Health will fine us $5,000 a day if we don’t follow our agreement with them. That is, to find a new source of water.

    “I do know there are municipalities in the state that have exceeded their water rights and are just telling Ecology to go fly a kite.”

    Allison reminded the commission, “they pay people at the Department of Health to monitor our water rights and our usage.”

    Regarding the continuing question of where to move the skateboard park, Van Eaton stated, “The skateboard committee findings of June 19 recommend considering Alder Street as a possible site.” Van Eaton also noted, “One suggestion from a council member was that we ask the skateboarders to form a club and become responsible, before we really do too much more on skateboard park funding.”

    Van Eaton gave the commissioners an update on the subject of Smallwood Park. “We’ve reinstated the Smallwood Park grant. It requires that I put together some figures and forward it on. It’s going to be a reduced amount simply because our matching funds are only going to take us so far. And there’s no other funding available in the budget or anywhere else.

    “So we’ll just squeeze out of it what we can. It’s my hope to get some asphalt paving into and including the parking lot, get a couple of remote restrooms, a bunch of picnic tables and barbeque grills and that’s about it for now. It’s always something we can pursue later on.

    Commissioner King inquired about the used asphalt, “Is that clean or could we get zapped for having contaminated asphalt?”

    Van Eaton responded, “I think that’s ground asphalt which is good for many uses. That’s a good question because it is within two hundred feet of a waterway.”

    King said, “I know when they brought it [asphalt] in for the first two weeks it reeked. I walk there every night; that’s how I know. What kind of petrol or oil is in there?”

    Lind asked about the remote bathrooms. Van Eaton replied, “I’ve done some extensive searching for bathrooms that can be remote. And I found them priced right. They will be cleaned out by my crew on a regular basis.”

    Van Eaton said the remote toilets are nearly the same as those at the golf course, referring to Tanwax Greens. “They are pretty nice. They aren’t like Porta-Potties at all. They are more permanent.”

    From the audience Bruce Rath addressed the commission and the director of public works. “I have a comment on Smallwood Park and the Van Eaton cabin. I was just wondering if the planning commission had a plan for any of these parks, so that maybe you could incorporate them and make one big park.” Rath also asked if the town could “eventually get a foot bridge across the Mashell.”

    Commissioner Babcock mentioned the “Van Eaton cabin [future museum] is not designated park area at this time.”

    Regarding Rath’s comment, Van Eaton declared, “I’ve asked Ramona [Sheppard, public works secretary] to make some calls to different areas beginning with Pierce County, to find out if they have a planner that could come in and give us a conceptualization of usage so that we might see what it looks like…We have to have a concept to build on.

    Commissioner Mike Williams questioned the timeline for the Smallwood Park grant. Van Eaton told him, “I need to identify the level of funding the town expects. I’m going to ask that construction not begin until next year.” Adding, “I really haven’t had the time I would like to spend on Smallwood Park.”

   A discussion of composting toilets followed. Van Eaton said, “I think it’s got to be a design that’s bulletproof, so to speak, to the public. Something that’s not subject to vandalism any more than possible. I would therefore think composting facilities could be more expensive and more subject to vandalism.”   

    Rath pointed out, “You didn’t answer any of  questions. Is there a plan in place for either site for a park? It seems we don’t have a plan…I was thinking the planning commission could get together and come up with a plan, whether it’s rustic dug-out canoes lying around down there with picnic tables, or whatever. But we need a plan first.”

    Commission Chair Lind noted, “Sometime within the next two months we should be taking up the park plan as part of the Comprehensive Plan. I would think we would first identify the areas, etc., in a general manner. How specific we get from there may depend on coordination with Mr. Van Eaton and being able to get the county planner on board.”

    Rath responded, “My whole idea was that you guys should be planning now. Mr. Van Eaton went out and got money for us. And now there’s no plan to spend it. He’s got to do something with the money or give it back.

    “Waiting two months doesn’t make sense to me. We should have a plan in place. It doesn’t matter how simple or complicated it is; we should go in some direction.”

    Van Eaton commented, “You can’t build a house without blueprints and we don’t plan on doing that. The council wants to see a plan before we proceed. Public works must see a plan before we proceed. I’m not building anything until I know it’s going in the right place.”

    Commenting further, Van Eaton said, “Our first attempt is to get free help. That’s what we are trying to do now. Because we are spending county money we think there may be a county planner to help us spend county money. If that doesn’t work out we would hire somebody and pay a professional to have it done.”

    Lind, “Often these things come to us in folders from staff. Staff being Mr. Van Eaton and Mart Kask.” He asked Rath if that answered his question “a little bit more?”

      Taking the floor again Rath acknowledged, “It sort of does. But you just said something that bothered me. You’re saying Mr. Van Eaton is going to do our planning, and this other guy [Kask] that’s a complete stranger to Eatonville. I thought you, as a group should be doing the planning.

    “Everybody should go out in the community and ask what do you guys want at this park. What do you want it to look like? Instead of some generic thing, you want people’s ideas for the park. It’s got to be creative.”

    Rath continued, “Here’s what bothers me. I went down and donated a day with my Cat one time. Russ Blount [former public works director] handed me some kind of a colored-up piece of paper. It wasn’t much of a plan. I said, ‘Where’s this and where’s that?’ Blount said ‘Just never mind, just knock some of that brush down.’ So that’s what we did.

    “There were work parties and work parties. What I would like to see is a good, laid-out park. Then a lot of people in this community would volunteer their labor, machinery, or whatever it took to build the park.

    Rath added, “But when you go down there and they hand you a little piece of paper that says nothing, it kind of turns people off as far as donating time and money.” In support of Rath’s statement, Mayor Parnell acknowledged, “That’s really true.”

    Allison explained, “In my experience it’s not uncommon for a municipal government to have the planning commission Rath appoint a subcommittee to actually do what Bruce [Rath] is suggesting. It would consist of staff, a few citizens and a couple of planning commissioners. Maybe that’s the answer. We know Jamieson’s tied up as tight as he could be. We are tied up with the comp. plan. It would give citizens a chance to have their say. But even if we did that we would still have to have a public meeting.”

    Van Eaton discussed the land use application for a mini-warehouse storage unit at 675 Center St. East. The property belongs to the Carriage House. Mayor Parnell reminded the commission, “It’s where the late Dual Drane [former mayor] used to have his welding shop.”

    According to Van Eaton the area is zoned C2, general commercial. “And the use for a mini-storage warehouse is not included as a permit by right under C2 zoning. But it is allowable by conditional use. So everything is on track for this to come before the planning commission the first Monday in September. And there will be a public hearing September 15.”

    There was also an application for a short plat division of one lot into two at the 800 block of “Eatonville Highway.”

    Van Eaton said, “The application sits on my desk for processing. I need to go to public review for mitigations, determinations of non-significance which means there are wetlands involved, so it will also need a public review process. It’s administrative so I take care of that. It’s routine.”

    Mike Jeffries complained because the Eatonville Police would not respond to a neighbor’s call. According to Jeffries, “They [police] told him they can’t come out there because they think the town limits end at the Mashell River, and actually they end considerably south of there.” He brought up the Vision Plan, “Part of that was a park plan and a number of things, such as the property being vacated by *Baydo [Chevrolet] being a town plaza.”

    Allison asked if there was, “Any update about the school district’s purchase of a house at 209 Orchard St. They are applying for a conditional use permit. It is my understanding they have to apply for the other four homes and a church which they converted for their conditional use permit. Does the code require this?”

    Lind, “Commissioner Allison is referring to the school purchase of property zoned SF3. It’s the same zone for the school, but it’s also down here in the residential lots.”

    So far the school district has not applied for conditional use. “The question of prior usage of the properties or something defined as conditional use in our code, is a question I don’t have the answer to,” Lind said. Adding, “I’d have to research when it was done and why the planning commission wasn’t involved. I don’t know what the planning commission can do after the fact.”

    Allison clarified the school issues, “I spoke to the town attorney, Bob Mack, this afternoon, and he said it was our responsibility as a municipality to require the school district to apply whether or not they did these uses prior. It doesn’t matter how long ago they did it.

    “It’s still up to the town to require that the school district conform and live by the code we have. So the burden 

is on the commission to require the school to apply for a conditional use permit.”

    Explaining further Allison said, “I also checked with the Superintendent of Public Instruction’s office and spoke to their legal department about this issue. I was told they don’t get involved with local school district problems. However, they did tell me they do require school districts to abide by zoning codes put forth by the local municipality in which they serve.

    “She said it was up to the town to require the school district to follow the proper procedures. More and more people are hearing about this and are coming forward. They are not pleased about it. The news is spreading and they are upset.”

    Mayor Parnell noted, “They first started with the Larry Smith property on Mashell Ave. And have since bought quite a few other properties. Did they come to the planning commission on anything at all?”

    Several commissioners answered, “No.”

    Commissioner King asked, “Are you saying even after the fact they would have to apply concerning the Smith house?”

    Allison responded, “They will have to do the Smith house, the former Assembly of God Church, Mrs. Monahan’s house. Then you’ve got 211 Orchard, the former Belcher house. And 209 Orchard which they just purchased, which belonged to Mrs. Lawyer.”

    According to Babcock, “I came down a couple of weeks ago and asked who has the authority to give a non-compliance permit. I was wondering if you came up with an answer?”

    Van Eaton asked, “Is it non-conformance?” Babcock said he meant non-conformance rather than non-compliance.

    “That is something the Board of Adjustments decides.”

Babcock stated, “I’ll put it all on the table. Because people came to me and said how can a business be running in a residential area? I was told by the old mayor that they were granted a non-conformance permit. My recollection is that when they asked for the variance the planning commission said, ‘No, you can’t do that.’ And they went ahead and put the business in anyway.”

    Rath wondered, “Why does one person have to meet set back requirements and other people don’t? Why do some people put in sidewalks and others don’t? You’ve got to comply with the rules. I see some people do follow the rules and some don’t. Some put up signs and some don’t. What happens is everybody feels like we’re not being treated equal.”

    “The council has the final say. They should appeal to the council,” said the mayor.

    Allison asked, “Now you are referring to the quilt shop [The Country Mouse] at 755 Eatonville Highway W. They should appeal to the council.”

    Mayor Parnell noted, “They aren’t hurting anybody out there.” He then pointed to Rath and flatly stated, “I think you want the land don’t you? That’s what I hear, you want the land.”

    Rath called the area “swamp land.”

    Commissioner Mike Williams remarked, “That’s the problem with the planning commission. Every person who comes in has a personal problem as to why they need special consideration. And we seldom uphold the zoning code. Maybe what we need to do is have a Board of Adjustments that is not related to the town so they can make the hard decisions we can’t make.”

    Chairman Lind said, “I would note one thing. According to our board, if the uses have not taken place for six months, then those rights expire. I don’t know if the six-month rule applies to the one we are talking about now. But it might temper some of the thinking we’ve talked about here.”

    Lind also asked Babcock about a court ruling requiring The Country Mouse to remove their sign. Babcock said they had until Sept. to remove the sign in question.

    Lind stated, “So our judicial branch has spoken on this and has come down with a ruling.” Babcock explained, “We only went to court for non-compliance for the sign. And there’s a business being run there. It doesn’t bother me but it bothers the people that live out there to have something that isn’t within the rules.”

    Mayor Parnell suggested the new massage “outfit” should be brought up also. Babcock replied, “They are within compliance. They have always been in business and are grandfathered in.” The mayor reminded Babcock, “the apartment house has a big sign over it.” To which Babcock responded, “It’s not the planning commission’s job to go out and enforce the ordinance,” later adding, “We need to be aggressive in enforcing the laws.”

    At this point Mayor Parnell said to Babcock, “I’ve been looking into the fact that commissioners living outside the town limits should not be eligible for a seat on the planning commission.” Addressing Babcock, who doesn’t live in town, the mayor suggested he move into town. And added, “I’m going to see if I can change the ruling that commissioners can live outside the town limits.”

    Lind observed that this issue was governed by state law. Allison explained, “Actually it reverts back to the local municipality who sets the guidelines, how they choose to have it read. So it’s back to the council to set the ordinance.

    Commissions present were Bobbi Allison, Dave Babcock, Jim King, Steve Lind, Grins Pierce, Sharon Van Hoof and Mike Williams. Missing the meeting were Barbara Samora and Richard Ames.

    The next regular meeting of the planning commission is Aug. 19 at 7 p.m. in the judge’s chambers at the Eatonville Town Hall.

    *EatonvilleNews contacted Baydo Chevrolet to ask about the business’s rumored imminent move from town. At this point it appears the car business will not be leaving Eatonville in the near future. At least one employee has been asked to stay in town and work for Baydo, which indicates they may stay in Eatonville at least for awhile. The owner is the person who knows the details, and he’s away on vacation.  

 

"The tragedy of life is what sometimes dies inside a man while he lives."
~Schweitzer