M I N U T E S KITSAP COUNTY BOARD OF COMMISSIONERS September 22, 2003 - PM The Board of Commissioners met on the above-stated date. Present were Chair Jan Angel, Commissioner Chris Endresen, Commissioner Patty Lent, County Administrator Malcolm Fleming and Clerk of the Board, Opal Robertson. (THE BOARD OF COMMISSIONERS' PUBLIC MEETINGS AND PUBLIC HEARINGS ARE AUDIO AND VIDEO TAPED). ITEMS SET FOR TIME CERTAIN: 7:00 PM) Meeting Called to Order with Pledge of Allegiance. 7:00 PM) Public Hearing to receive oral and written testimony regarding: General Comprehensive Plan Text Amendments and Corrections, Subarea Plans and Code Changes to implement Subarea Plans (Utility Local Improvement District #6, Kingston Subarea & South Kitsap Industrial Area), Limited Areas of More Intense Rural Development (LAMIRDs), Interim Forest Resource Lands (IRF) and Site Specific Rezones. Laura Ditmer, Department of Community Development, said on September 8, 2003, the Board held the first phase of the comprehensive plan amendment process public hearing. She said discussion and comments were received on text and policy revisions, interim rural forest and the three subarea plans, South Kitsap Industrial Area, Kingston and ULID #6. Ditmer said additional discussion and comments would be received on these items prior to going into the second phase of comprehensive plan amendments, which is to receive testimony on LAMIRD's as well as site specific. Chair Angel gave the ground rules asking that comments be limited to three minutes per person. SUB-AREA PLANS: Bill Mullins said he is a homeowner in McCormick Woods, is against the sub-area plan and has been from the beginning. Dusty Meyer questioned whether the county is headed for a crisis or was it already here. She questions whether it is legal for the county to help cities grow and whether planners were ignoring state and federal set-aside forest areas? She asks the Board to stop the code and zone changes and preserve what is left of the county's ecosystem. Jon Rose, Olympic Property Group, submitted additional materials to the Board regarding the Kingston Sub-Area plan and asked the Board to look to the future after population numbers have been re-allocated. Rob Purser, Suquamish Tribe, addressed the Board with concerns about SKIA and ULID #6 stating that the Council agrees with the Planning Commission's initial finding that included the proposal was not a logical extension of the existing urban growth boundaries, the phased planning approach does not promote comprehensive planning, expansion of the existing South Kitsap urban growth area is inconsistent with the available lands provision, ULID#6 area is not directly contiguous in the City of Port Orchard and equally requires that intervening areas that are previously down zoned to be considered before or concurrently with the ULID#6 area and the proposal promotes a sprawling development pattern. He said the county has not followed the comprehensive plan and the development of the South Kitsap sub-area plan. Regarding SKIA, Purser said the Tribe has storm water and ground water concerns. Ken Atterbery, Port of Bremerton, thanked the Board for encouraging the Port and county staff to work together and said their discussions are continuing. He said if the policies for the 1999 plan amendments regarding urban growth areas and the memorandum of agreement is followed, a solution could be reached. Mike McCuddin, McCormick Woods resident, said relative to wetlands, he did not believe that a decision to place what amounts to another city in this area is feasible without knowing the impacts. Rod Reid said he has received the document that Kamuron Gurol passed out earlier and would hold his comments until later. He said that at the previous hearing, he addressed a map correction and noticed tonight that it is still not corrected. He pointed out the area on the posted map. Tom Donnelly said planning is about how to achieve a common vision of what we want this county to be and to develop the process to achieve the vision. He said there needs to be a plan for the growth. Donnelly said Rob Purser described pretty well his idea on ULID#6 and the same thing holds true for Kingston. Relative to SKIA, he said he was puzzled by the introduction of a golf course on the Port area. Bob Johns, representing McCormick Woods, submitted documents for the record and said relative to SKIA, there is a 20-acre mineral resource area and he had submitted a geological report showing a gravel resource on site of commercial value. Relative to ULID#6, he said he submitted a water plan indicating that there is a water system available within ULID#6. He said this has been a long process, believed that it has been carefully planned and the staff has reviewed it. He said a number of minor technical amendments had been proposed but understands the staff is preparing a summary of those amendments and encouraged the Board to review the amendments. Ron Ross said relative to SKIA, he did not believe the business center zone was appropriate to be placed into the county regulations in this manner. He also said under paragraph F - Uses Prohibited needs to be clarified. Ross states concerns about the restriction of water and energy intensive businesses as well as height restrictions. Jerry Harless said relative to ULID #6, this was not the correct way to move forward on this issue that it did not comply with the law and would not last. Betsy Cooper said relative to the Kingston Sub-area plan, it is not clear what the definition of this action really is, whether it's a proposed change to the sub-area plan or a site-specific amendment. She has concerns about whether the comprehensive plan test for the designation of urban reserve has been met. Cooper asked the Board to consider whether it could move forward with this plan at this time because she did not believe it was supportable by the materials before the Board. Roxanna Dumar said she and her husband moved to McCormick Woods for the purpose of getting away from "all the people." She said there is only one road leading into McCormick Woods and if the other road were opened, it would mean approximately 10,000 people who would not choose the Old Clifton Road route but would utilize McCormick Drive. Discussion was held between the Board and staff about the actual amount of population proposed for the McCormick area, 10,000 or 6,400. Betsy Collins, Stillwater Education & Environmental, said relative to the Kingston Sub- area plan, their primary concern is protection of Carpenter Creek and the zoning change affecting the Waggoner and Bradley properties, east and north east of Carpenter Creek. Richard Brown said the ULID #6 process has been going on forever and believes that if some of the speakers tonight had attended previous county meetings, they would know that this is probably the most environmentally studied piece of property around. He said the county needed to move forward on this project. POLICY & TEXTUAL REVISIONS: Dave Jones, Kitsap County Association of Realtors, addressed the Board with concerns about accessory dwelling units. Chair Angel explains that accessory dwelling units were not slated on tonight's agenda. INTERIM RURAL FOREST: Rod Reid – pass Lesa Renfro addresses the Board with concerns about the remains of the forest practices versus land use and the regulations measured to enhance continual lumber supply. She said the sensitivity seems focused on development rights versus responsibility with unknown effects on growth. David Jones, Kitsap County Association of Realtors, said the Association normally weighs its comments using the "quality of life" program and in this case, the issue of protecting property owners. He said the Association believes that citizens have the opportunity and right to freely own, use and transfer property. Relative to IRF, he said some of the properties being discussed have been down zoned and that could be considered as a "taking." He said the longer we wait the worse it gets and it is time to stop discussing and move forward on this issue. Rob Purser, Suquamish Tribe, requests that the Board not pass any amendment language regarding interim rural forest this year and would support any direction to the County that would encourage continued discussion on this issue. He said to pass any language this year would be premature. Ron Ross said he did not have any land in this category but recalls when the matter was adopted in the comprehensive plan and the discussions that the plan might not be good but could be reviewed within a year. He said it is unfair to the property owners who have land in this category and asked the Board to move forward on this matter. Tom Donnelly said when the interim rural forest category was included in the comprehensive plan it was understood by most that this issue would be revisited. He believes the Board should adopt the recommendation of the Planning Commission that states wait until the issue has been examined in more detail and wait until the impacts are known. Karsten Boysen said he did not like words like "interim" because none of us live in a transitional existence. He favors a balanced approach to growth, believes it is inevitable and needs to be dealt with in a sensible and intelligent way. He believes that development standards should be based on the GMA standards - that growth pays for growth. Holly Manke White – not present Jason Rice, Community Development, said during the 2001 comprehensive plan amendment process, the Board requested staff review two areas in North Kitsap County, Georges Corner and Pioneer Way. He said staff conducted an analysis to review the limited area of more intensive rural development (LAMIRD) and as defined under the Growth Management Act (GMA). He said after review, staff found that the Pioneer Way intersection, the Twelve Trees Industrial Park did not fit the criteria established under GMA in that there was no existing development in 1990. Relative to Georges Corner, Rice said staff did find evidence indicating that a LAMIRD designation could be defined and has so proposed. He said there has been some discussion as to what was presented to the Planning Commission relative to the boundary proposal. He said staff anticipated that the Planning Commission would actually delineate a boundary, however they decided to recommend against a boundary in this location thereby not designating a LAMIRD. Rice said there is also a rezone proposal for the Bjarnson property. LIMITED AREA OF MORE INTENSIVE RURAL DEVELOPMENT (LAMIRD): Lyn Damschen, Edgewater Community Beach Club, said the Twelve Trees Industrial Park makes the previous gravel pit site look much better, however they are concerned about building the asphalt coverage on that ground due to the rain not soaking into the ground. She would like the developers of this area to keep in mind the salmon creek and the canyon that it flows into in that they would like to keep them as natural as possible. Tom Donnelly said LAMIRD's were not included in the original GMA and created a major problem for Kitsap County. He said he supports designation of LAMIRD's at Georges Corner subject to the condition that the larger outer boundary is limited to the boundary of existing development and to the area being rezoned to commercial last year. He said he agrees with the development of what is already approved and would not like to see it go any farther and more generally to do not believe that any cross road LAMIRD should be designated where only one corner included pre-1990 commercial development. Ron Ross said he would like to see the county getting aggressive and designating many more LAMIRD's, specifically Keyport. Betsy Cooper said relative to the Georges Corner LAMIRD, she initially agreed with the Planning Commission's philosophical approach that a larger comprehensive evaluation of LAMIRD's needed to be done first but understood why this one was removed. She believes it is important to define boundaries around these specific little islands of more intense development. She supports the formation of a LAMIRD but a boundary should be created that only includes the existing development as it is today. SITE SPECIFICS: Gary Lindsey speaking on the Bjarnson site said it is a portion of approximately 13.75 acres of Georges Corner and the last remaining corner that is undeveloped. He said the applicant's request is for 4 acres to be developed and that the rest of the property is primarily wetlands but the remaining 9.5 acres could use as a single-family residence with eventually some access for utilities for the zoned portion. Lonnie Fall, Woodinville resident and property owner of the site north of Georges Corner, said he supports the LAMIRD concept and rezone of the Bjarnson property to commercial use. He said commercial use of the Bjarnson property appears to be appropriate and consistent with the community needs. He requests that his parcel be included within the expanded LAMIRD and reminded the county that his property was subject to an application for an unclassified public use and conditional use permit for a commercial planned unit in 1983. William Palmer, representing Rose Burgess, said the site is located at the corner of Alaska Avenue SE and SE Mile Hill Drive and has been a site where people have parked "junk" cars and as a dump site. He asked the Board to consider one possible use of the site that is in keeping with what the applicant has in mind as an office center with some possible retail use. He said the site plan shows how access could be handled as well as landscaping and storm drainage. J.B. Bartel, Manchester Village Committee, said it would be nice for Rose Burgess to make a profit on her land but not at the expense of the homeowners in the area. She said quality of life is important and safety is also important to the Manchester Area. Bartel said the requirements and requests of Rose Burgess are not acceptable. Bob Lamb, Manchester Village Committee, said the whole purpose of the village concept is to maintain the area the way that it was in a sense. He believes the Burgess lot would be hard to sell. Bob Parks, Manchester resident, said the traffic in the area is outrageous and recommends the Board vote against the rezone. Paul Gilligan, Manchester Village Committee, said during the many discussions on the Manchester Village Plan the committee found no compelling reason to change the zoning in this area because everyone wanted the commercial zone to stay in the village center as it is now. He asked the Board to keep its promise to protect the village and keep commercial zoning in the village square. Carole Leininger said she is against zoning that area as commercial and a great deal of time has been spent by the committee trying to determine what should be zoned and where. Anna Whitten said this is a safety issue and the rezone is clearly to provide more money for Burgess. She said the price of their children is not worth the additional dollars. Vivian Henderson, Kitsap Alliance of Property Owners, said the Alliance is concerned about property rights and questions whether the Board has seen the lot. She believes that viewing the lot is critical to making a decision. She said she liked the office-building concept for the lot. Susan Plunkett, Manchester resident, asked the Board to turn this request down stating the benefit of the one does not outweigh the agreement and promises and the community of the rest. Krysteen Seelen, Manchester resident, said rezoning on this property from residential to commercial would create a whole host of problems. She said the petition seeks to destroy the Manchester Plan, a plan that most of the residents support and that has received public accolades. Rose Burgess said she would like to have her lot rezoned and that when she purchased the property in the early 70's it was zoned commercial in that it contained a convenience store on site. John Hutto said he has known Burgess for a number of years and he and his Dad had spent many hours cleaning garbage dumped on the site. He said the rezoning of this site would be a way for his mother to retire and to take this opportunity away from her is not right. Sandy Hutto states all Burgess is asking is that the area be rezoned to a small neighborhood community business like it used to be. She asked that the other side of the story be considered. Judy Mobley supports the rezone. Peter Clark, Manchester resident, addresses the Board with concerns about the traffic in the area and said attempting to sell this property may not be due entirely to its location, it's the market. Dusty Wiley said he has not heard anything derogatory about Rose Burgess the person but that was not the issue. He said the issue is what happens on the corners of Manchester and Port Orchard. He said if the Board rezones this corner, it would have to rezone the others. He said he was also a part of the Manchester Village Committee, that it did review this corner and there was never any input from the property owner during these meetings. He said a single residence could be built on that corner. Jim Thompson, Alaska Avenue resident, said its not an "eyesore" anymore since the County constructed a park on the site but the "eyesore" is the dump next door and if that was cleared the whole area would change. Janet Garcia, Old Belfair Hwy resident, said relative to the Lockhart Site Specific, this is an extreme change and that historically, this site was zoned one house per five acres and it is now one house per ten. She said it is not insignificant in comparison to the rest of the quarry specifically to the access portion in that it is an approximate 20% increase in the size of the quarry. She is concerned about the minerals on the site and safety on the Belfair Hwy. Pat Lockhart said the road referenced by Garcia isn't an existing road it's a 40-foot right-way and the main road that they would be using is the one that comes off Sherman Heights. He said the site is bordered on one side by commercial industrial, the railroad track is in front of the site, and mineral resource is in the back of the site and commercial on the other side. He believes the site is compatible and conducive to the land use. William Palmer said the Sedgwick Joint Venture site is located next to property zoned highway tourist commercial including the Fred Meyer complex on the south side of Sedgwick Road. He said this property can be served by sewer and there is a letter from the City of Port Orchard in the file requesting approval of this rezone. Richard Brown said Blackjack Valley Associates is a piece of property adjacent to Sedgwick Road and the only piece left not annexed into the City of Port Orchard. He said the additional property was needed if a major store was constructed on the site. Brown said staff suggested that the site be submitted for rezone and he believes this is a logical move to make. Ron Rice said relative to the Brown/Rice/Krueger site, once this is put into place perhaps the county could start to recover tax revenue that was lost when Home Depot went to Pierce County. Gary Anderson said relative to the properties on the Segwick/Sidney intersection, this was zoned commercial when most of the individuals purchased it, now that zoning category was taken away. He asked the Board to restore the original zoning at the time the property was purchased. Rob Purser said the Tribe did not support site-specific rezones that increased densities outside the urban growth boundaries. He said this is an urban growth expansion without any type of comprehensive planning process. Bret Winslow on reference to the Blackjack Valley Associates said it has been six years since he purchased the property in hopes of relocating his business to the site. He asked the Board to move forward on this issue and restore the zoning to the area. Rhonda Edwards states she supports the rezoning and development of the entire Sedgwick/Sidney corridor not just Blackjack Valley Associates. William Palmer spoke in support of the site-specific rezones for Waters, Brown/Rice/Krueger and Blackjack Valley Associates. He said a great deal of time was spent in discussion regarding environmental issues and constraints on these applications and all properties in the area have been under study for approximately ten years. He said there is a letter of support from the City of Port Orchard on file and asked the Board to move forward on these applications. Richard Brown spoke in support of the site-specific rezones for South Sidney Business Park, Waters and Brown/Rice/Krueger and said they have done everything requested by the County. He said they have met with the City of Port Orchard and the city wants this area annexed. He encourages the Board to move forward. Pat Waters said his piece of property is flat without any wetlands and with water and sewer availability. He said this is something that he has been waiting on for sometime and hopes he will not have to wait any longer. William Palmer, representing the Choi family, said he has reviewed the Kingston Sub- area plan and found that it did not address growth and expansion for business. He said the Choi's owned a 20-arce piece of property that has Grover's Creek running through it and is separated from the existing development closer to the corner. He said there is some developable property on the site even though a good portion of it is environmentally sensitive. He said there is interest in development at Georges Corner. Ron Choi said he believes there is a need for business park/office space in the area and it would be a service to the community. He encourages the Board to vote on the rezone of his area. Betsy Cooper – not present to speak. Discussion was held among the Board regarding whether to close the hearing on ULID #6 and Kingston. A motion was made by Commissioner Endresen and seconded by Commissioner Lent that the Board close the public comment portion on the Comprehensive Plan Amendments with the exception of the South Kitsap Industrial Area (SKIA) and Interim Rural Forest Policy Revisions with continuation to October 15, 2003 at the hour of 2:00 PM at the Kitsap County Courthouse, further that the written comment period will remain open for all items until September 26, 2003 with the exception of SKIA and IRF which will remain open until the close of the public hearing on October 15, 2003. Motion carries unanimously. Public meeting adjourned at 10:30 PM. BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY WASHINGTON __________________________________ JAN ANGEL, CHAIR __________________________________ CHRIS ENDRESEN, COMMISSIONER __________________________________ PATTY LENT, COMMISSIONER ATTEST: OPAL ROBERTSON DATE APPROVED CLERK OF THE BOARD * See Resolution Journal Volume No. 58 ** See Ordinance Journal Volume No. 12 NEXT REGULAR BOARD OF COMMISSIONERS MEETING WILL BE OCTOBER 13, 2003. Visit the County's website at www.kitsapgov.com NOTE: KITSAP COUNTY DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY. INDIVIDUALS WHO REQUIRE ACCOMMODATIONS SHOULD CONTACT THE COMMISSIONER'S OFFICE AT (360) 337-4428 OR TDD (360) 337-7275 OR 1-800-816- 2782. (PLEASE PROVIDE TWO WEEKS NOTICE FOR INTERPRETER SERVICES). KITSAP COUNTY COMMISSIONERS MINUTES, SEPTEMBER 22, 2003 Page 250 Page 241