M I N U T E S KITSAP COUNTY BOARD OF COMMISSIONERS August 30, 2004 The Board of Commissioners met on the above-stated date. Present were Chair Patty Lent, Commissioner Chris Endresen, Commissioner Jan Angel, 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). 9:00) Meeting Called to Order with Pledge of Allegiance. ITEMS SET FOR TIME CERTAIN: 9:00) A Closed Record Hearing to consider an appeal filed by Terry Patterson and Jeff Owen of the Hearing Examiner's decision to approve subject to conditions the request for a Conditional Use Permit and Wetland Buffer Variance allowing the construction of the Kingston High School, a 113,000 square foot campus on a 62.5-acre site. The proposed project is located at 9918 NE Kingston Road north of NE West Kingston Road in North Kitsap, Commissioner District #1. Staff Contact: Jeff Smith, 337-7022. (SAID MATTER FOR DECISION ONLY). Chair Lent reiterates that this matter is for decision only. Commissioner Endresen said the Board of Commissioners sits as an appellate body and could not consider evidence that was not presented to the Hearing Examiner and the Board's review is limited to the record established before the Examiner. She said it is the appellant's burden to prove that the Hearing Examiner erred in his decision. Commissioner Endresen said the Hearing Examiner's Decision granting approval of the Conditional Use Permit (CUP) and approval of a critical areas variance incorporated twenty-nine Findings of Fact and sixty-six conditions of approval pursuant to three Conclusions of Law. She said pursuant to Chapter 17.410 Kitsap County Code, Site Plan Review, the Hearing Examiner found that the project satisfied all criteria set forth in the county code, the Comprehensive Plan and the Kingston Subarea Plan. She said the Hearing Examiner also determined that the high school could be constructed as proposed and included eight additional conditions to further mitigate project impacts for those issues raised by residents. Commissioner Endresen states the Hearing Examiner conditioned the project to be in compliance with the recommendations in the Nike Site Preliminary Assessment report by the U.S. Environmental Protection Agency. She said the Hearing also noted that the approval of this project would not relieve the applicant from obtaining required permits from the U.S. Army Corps of Engineers and other state agencies. She further said the Hearing Examiner's Findings of Fact and Conclusions of Law appear to adequately address the substantive issues raised in the Appellant's objections. She states that the Board cannot legally deny the application based merely upon community opposition and that the Findings of Fact articulated by the Hearing Examiner are based on substantial evidence in the record. A motion was made by Commissioner Endresen and seconded by Commissioner Angel that the Board adopts the Hearing Examiner's Findings of Fact and Conclusions of Law and incorporates them in herein by reference thereby denying the appeal and affirming the Hearing Examiner's Decision subject to the following three additional conditions: A) The applicant shall incorporate and implement all proposed mitigation measures that are identified in the EIS for this project prepared by the applicant. This condition is imposed pursuant to Chapters KCC 17.410 and KCC 17.420; B) the applicant shall incorporate and implement all proposed mitigation measures that are identified in this Traffic Impact Analysis prepared by the applicant. This condition is imposed pursuant to Chapters KCC 17.410 and KCC 17.420; and C) Prior to construction, the applicant shall include barriers on the side of the walkway nearest construction and shall extend the entire length of the construction site. Openings in such barriers shall be protected by doors that are normally closed. Adjourning public and private property shall be protected from damage during construction and demolition work. This condition is imposed pursuant to Chapters KCC 17.410 and KCC 17.420. Motion carries unanimously. Public meeting adjourned at 9:30 AM. BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY WASHINGTON __________________________________ PATTY LENT, CHAIR _________________ CHRIS ENDRESEN, COMMISSIONER __________________________________ JAN ANGEL, COMMISSIONER ATTEST: OPAL ROBERTSON DATE APPROVED CLERK OF THE BOARD * See Resolution Journal Volume No. 59 ** See Ordinance Journal Volume No. 13 OTHER MEETINGS ATTENDED BY THE BOARD: 08/30/04 10:00 AM Admin Briefing – BOCC Conference Room 12:00 PM Lunch with Elected Officials 1:30 PM Exec Session (Employee Performance Eval) BCC Conf Rm 2:30 PM Admin Briefing – BOCC Conference Room 09/01/04 8:30 AM Work Study Session- PW 3rd Floor Conference Room 09/05/04 9:00 AM "Blackberry Festival"-Bremerton Waterfront 09/06/04 Labor Day Holiday (office closed) 09/08/04 8:00 AM Work Study Session- PW 3rd Floor Conference Room 09/09/04 8:00 AM Women's Conference – Clearwater Casino 09/10/04 6:00 PM Annual Mental Health Dinner – Bremerton Conf Ctr. NEXT REGULAR BOARD OF COMMISSIONERS MEETING WILL BE HELD ON September 13, 2004. 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). UPCOMING TIMED AGENDA ITEMS: (PLEASE NOTE: These dates and times are tentative and subject to change) September 13, 2004: 10:00 A) Public hearing to consider a Resolution authorizing the intent to sell and move county property from an existing lot, at public auction, a 100-year old house located at 9779 Poplars Avenue in Central Kitsap Commissioner District #3. Staff Contact: R'lene Orr, 337-4410. September 27, 2004: 10:00 A) Public hearing to consider a Resolution to vacate a portion of NW Rabaul Drive located in North Kitsap Commissioner District #1. Staff Contact: Candy Mursell, 337-5777 x3925. KITSAP COUNTY COMMISSIONERS MINUTES, AUGUST 30, 2004 Page 236 Page 234