M I N UT E S KITSAP COUNTY BOARD OF COMMISSIONERS October 15, 2003 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: 2:00 PM) Meeting Called to Order with Pledge of Allegiance. 2:00 PM) Continuation of the public hearing from September 22, 2003 to receive oral and written testimony regarding: The South Kitsap Industrial Area Plan (SKIA) and Implementing Regulations; Interim Rural Forest Resource Lands (IRF); George's Corner Limited Area of More Intense Rural Development (LAMIRD); Kingston Sub-area Plan and Utility Local Improvement District #6 (ULID#6) and Implementing Regulations. Net Fiscal Impact: N/A. Source of Funds: N/A. Chair Angel said this is a public hearing to receive additional testimony on the Interim Rural Forest and the South Kitsap Industrial Area Comprehensive Plan amendments. She said the Board would re-open the record for the Georges Corner LAMIRD boundary and the Kingston and ULID#6 sub-area plans. Laura Ditmer, Department of Community Development, said on September 22, 2003 the Board continued the public hearing until today for the Interim Rural Forest and the South Kitsap Industrial Area plan and as stated we are re-opening the hearing on Georges Corner, Kingston and ULID#6 sub-area plans. She said additional information regarding these items was posted to the County's web site on October 30, 2003 for public review and comment. Interim Rural Forest: Tom Donnelly, South Kitsap resident, said Kitsap Citizens for Responsible Planning has submitted significant previous comments on this issue. He said their principal objection to the change in the proposed zoning is that there are too many unknowns. He is specifically concerned that the County has not done the work required to proceed with the zoning change of this magnitude. He said there has been no environmental assessment of its potential effects on forestry, no assessment of property value on current rural residents, no assessment of population growth, no assessment of fresh water availability, no assessment of the effect on fish and wildlife habitat, no assessment on the affects on county economy, no assessment on additional needs for capital facilities and no alternatives including doing nothing had been prepared or presented for consideration. Rod Reid submitted a letter on behalf of Laura Overton. Reid also submitted a letter on his behalf regarding the hybrid language compiled by staff on interim rural forest. He said he would like to see a rural wooded incentive plan included. Mike Gustavson said he did not own any rural forest but serves on the Planning Commission. He is concerned about the wording in the proposed plan in that it may not be fully correct but believes the county needs to move forward with interim rural forest. Holly Manke White, Manke Lumber Company, submitted a letter to the Board relative to the Interim Rural Forest Revised hybrid language. She said the Manke Lumber is generally in support of the "revised hybrid language" and appreciates the staff's efforts to move the Interim Rural Forest provisions forward but she did have some concerns. White addressed her concerns as presented in the letter. Art Castle, Homebuilders Association of Kitsap County, complimented the staff on developing the hybrid model. Vivian Henderson, Kitsap Alliance of Property Owners, said she appreciates the clustering language but has concerns about the definition of rural character. Mike Eliason, Kitsap County Association of Realtors, addresses the Board with concerns about the text of the hybrid language for Interim Rural Forest. He reminds the Board to keep in mind that prior to Growth Management, the 20-acre parcels were zoned one unit per acre and at that time, a 20-acre parcel could be developed into possibly 20 lots. Ted Labbe, Port Gamble S'Klallam Tribe, said relative to the discussions on this issue last spring, there was a tremendous amount of agreement by all parties on basic principles for what to do with the interim rural forest lands but there was no time to reach an agreement on a real package of solutions that would work for the county. He said some of the lands make sense for development and some lands are better left in long-term commercial forest land status but felt there was not enough time to get to that level of discussion detail. South Kitsap Industrial Area (SKIA): Tom Donnelly, Kitsap Citizens for Responsible Planning, said they have also submitted significant testimony on SKIA and are basically opposed because it is not needed at this time. Rod Reid, Alpine Evergreen, said he has brought this issue to the Board previously regarding the Business Center/Business Park and Industrial Use Table 370.020. He said when the two different zones were established, they were assigned Industrial and Business Center. He said the problem is the land will be developed in combination with each zone and when developed under the sub-basin plan, landowners could be restricted depending on the client. He said they could end up with a portion permitted and a portion specifically prohibited. He believes the solution would be to place all Business Park (prohibited) uses under "C" – Conditional Use. Discussion was held between the Board, staff and Reid regarding the tape from the public meeting held on November 14, 2002, the map used at that public hearing and the changes that were discussed at that time. Commissioner Endresen said on November 14th of last year when the Board held a hearing on this matter, there was a map and that's when the change was discussed. She said we keep bouncing between three different maps, the meeting was taped and that might be the easiest way to determine what was said. Ken Attebery, Port of Bremerton, said the changes for the South Kitsap Industrial Area when properly structured will encourage the economic development land use patterns that the Board has consistently advocated through its planning efforts for decades including those promulgated in 1998. He said in 1998 the Board made decisions to designate lands at and surrounding Bremerton National Airport as urban industrial lands as a principle job growth area in the county. He also said they made policy decisions and approved the implementing regulations to facilitate growth where they wanted new economic development to occur. He asked the Board not to unwrap those previously processed, publicly deliberated and Hearings Board reviewed decisions. Laura Overton – not present Linda Niebanck, McCormick Land Company, reiterated comments made by Rod Reid relative to the map in that it was something that was determined, the exact numbers, the analysis of potential impacts were agreed to and balanced and it is unfortunate that there has been an error in the mapping. Ken Attebery said relative to the acreage issue and the job count, it is likely that some portions of the existing urban growth area lands particularly those that surround the pavement surfaces will not be developed and in the future could contribute to a solution mentioned by Reid and Niebanck. Mike Eliason said the primary purpose of a port district by state statute is to be the economic development arm of the county and in his opinion the Port of Bremerton has been the most active and prosperous of our port districts. He asked the Board to respect the Port's wishes by incorporating some of the agreements achieved in 1998 and compare them to this plan to ascertain what can be changed to make it more conducive to the comprehensive plan adopted by the port district. Geroge's Corner LAMIRD: Chuck Iremonger, representing Lonnie Fall, submitted a letter outlining conditional support of the LAMIRD and said support is contingent on adjustment of the western logical outer boundary to include the parcel owned by the Fall's. ULID#6: Tom Donnelly said his principle argument against approval of the proposal to change the zoning on the IRF is that it is simply not ready to change at this time. He was concerned that the word "bonus" is scratched in the wooded portion of the plan but it remains in the plan for the shoreline portion. He believes this issue could be delayed. Relative to ULID#6, Donnelly said it has been years in development and it could probably hold an additional 10,000 people but in order to stay within the boundaries of the Comprehensive Plan, all of the possible amendments should be discussed as a package in order to have a sense of the cumulative effect of all of them taken together. Linda Niebanck, McCormick Land Company, said she is concerned about the population allocation for ULID#6 and hopes that the county will give the proper notice and hold a public hearing on the matter. She believes if this weren't done, the county would incur legal problems. Kingston Sub-Area Plan: No discussion on the Kingston plan. Discussion was held between the Board and staff regarding whether there is a need to hold a public hearing on population allocation and possibly including a population allocation appendix in the sub-area plans. Kamuron Gurol, Community Development Director, said the County needed to ensure that it has the correct population allocation in any of the sub-area plans. He said the Board did rescind Ordinance No. 303-2003 due to procedural steps. He said it was stated that the population allocation goal could be accomplished in the sub-area plans and believes the plans need to be revised in order to incorporate those populations. Gurol said staff has not checked with legal counsel to determine whether to hold a public hearing on this matter but believes that would be the safest route to take. Discussion was held between the Board and staff regarding whether there is a need for additional population allocation for Kingston, whether population allocation information is posted on the web site, population allocation addressed within the sub-area plans, whether the Board could interface with the public on information submitted today if oral testimony was closed today, population allocation for ULID#6, possibly leaving the public testimony portion open if more testimony is desired by the Board, a need to close the public testimony portion at some point, waiting until the record is complete prior to Board deliberations, possibly keeping the testimony portion open on certain subjects only, possibly keeping the testimony portion open on Kingston, ULID#6, SKIA and closing it on Interim Rural Forest and LAMIRD's, the 1998 documents referenced by the Port on the expedited process, clear communication between the Community Development staff and the Port staff and a possible meeting with the Port of Bremerton. Samuel "Billy" Plauche, Buck & Gordon, said he did not believe it would be appropriate for the Board to discuss with citizens outside of the public hearing but if there were concerns, the Board could always re-open the public hearing. He said if the Board definitely wanted additional testimony on certain items then the public hearing should be left open on those items. A motion was made by Commissioner Endresen and seconded by Commissioner Lent that the Board close the public hearing portion on all issues on the 2003 Comprehensive Plan docket except for the population allocation portions associated with ULID#6 and Kingston Sub-area plans and testimony on the South Kitsap Industrial Area. Motion carries unanimously. COMPREHENSIVE PLAN AMENDMENTS BOARD DELIBERATIONS: Discussion was held among the Board regarding Textual Revisions: Page 13-Chapter 2, Land Use - keep as place holder in order to reflect the Board's ultimate decision on the sub-area plans regarding population allocation; Page 6-item 11 whether to change the language suggested in the Planning Commission comments; and on Page 13- Housing Chapter-changing the word "shall" to "may." A motion was made by Commissioner Lent and seconded by Commissioner Endresen that the Board approve the Text and Policy Revisions using a place holder for Chapter 2, Land Use (regarding population allocation); removing the entire Interim Rural Forest Plan Amendment from the Text Policy; and adopting the Planning Commission comments on Page 6 items #11 and on Page 13 changing the word "shall" to "may." Motion carries unanimously. A motion was made by Commissioner Endresen and seconded by Commissioner Lent that the Board concurs with the Planning Commission recommendation to not address the Pioneer Way LAMIRD at this time. Motion carries unanimously. Laura Ditmer said staff recommends the Board wait before making a decision on George's Corner until the issue is discussed in more detail. A motion was made by Commissioner Endresen and seconded by Chair Angel that the Board approve the McCormick Land Company site specific rezone request from rural residential to mineral resource overlay and the Lockhart rezone request from urban reserve to mineral resource overlay. Motion carries unanimously. A motion was made by Commissioner Endresen and seconded by Commissioner Lent that the Board approve the Donna Longwell site-specific rezone request from rural residential to neighborhood commercial. Motion carries unanimously. A motion was made by Commissioner Lent and seconded by Commissioner Endresen that the Board approve the Olmstead Land Development site-specific rezone request from urban business park to neighborhood commercial. Motion carries unanimously. Laura Ditmer said the other site specific rezone requests, Burgess, Bjarnson, Choi, Brow-Rice-Krueger, Blackjack Valley Associates, Robert Waters and Sedgwick Joint Venture all requires more in-depth discussion and staff recommends that the Board continue these items to November 17, 2003 for Board deliberation. Shelley Kneip, Prosecutor's Office, said there is additional information that is needed and there is an executive session scheduled with the Board to discuss the legal ramifications of some of the Board's actions. She recommends that this discussion take place prior to the Board deliberating on the remaining site-specifics. Chair Angel said on recommendation from counsel, the Board will delay its deliberations on the remaining site-specifics until after its executive session. Commissioner Lent questioned the status of Kitsap Transit and staff responded that the item was withdrawn. Commissioner Endresen said relative to Interim Rural Forest, she believes a solution can be found and would like to see the parties get together because the Board would not be completing this issue until November 17, 2003 and there is nothing that prevents the private parties from getting together and continuing discussions. She thanked the staff and others for all of their hard work on this process. Discussion was held among the Board regarding possibly continuing the public hearing to a date prior to November 17, 2003 in order to work on SKIA, possibly meeting on November 10, 2003 to take additional testimony on population allocation and SKIA and then closing the public hearing portion after that meeting. A motion was made by Commissioner Endresen and seconded by Commissioner Lent that the Board continue this public hearing to November 10, 2003 at the hour of 7:00 PM in the Board's Chambers to further discuss the South Kitsap Industrial Area and population allocation for ULID #6 and the Kingston Sub-area plans. Motion carries unanimously. Meeting adjourned at 4:20 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 27, 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, OCTOBER 15, 2003 Page 272 Page 266