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2010-02-02 MINUTES <br /> <br /> COMMISSIONERS' MINUTES KITTITAS COUNTY, WASHINGTON COMMISSIONERS AUDITORIUM SPECIAL MEETING TUESDAY 2:00 P.M. FEBURARY 2, 2010 <br />Board members present: Chairman Mark McClain; Vice-Chairman Paul <br />Jewell and Commissioner Alan Crankovich. <br /> <br />Others: Catherine Dunn, Deputy Clerk of the Board; Dan Valoff, Staff <br />Planner; Christina Wollman, Planner; Jan Ollivier, Transportation <br />Manager; Michael Murphy, Attorney for Appellant; Brent Bottoms, <br />Deputy Prosecutor; Sean Northrup, Allison Kimball, Sapphire Skies; <br />Lindsey Ozbolt; Wayne Nelson, Encompass Engineering; and two persons <br />representing the public. <br /> APPEAL HEARING PBCP CODE INTERPRETATION COMMISSIONERS <br /> <br />At 2:00 p.m. Chairman McClain opened the special meeting continued <br />from January 20, 2010, to consider the Board Discussion and Decision <br />on the appeal by Michael Murphy of the staff administrative decision <br />regarding KCC 16.09 Performance Based Cluster Plats. He noted the <br />record is closed. <br /> Commissioner Crankovich said that as part of the 2007 study session <br />on this question, it was agreed upon to consider the Bonneville <br />Power Administration (BPA) easement to be part of the Open Space <br />without gaining density bonus points from it. He said that he would <br />honor that interpretation. <br /> Vice-Chairman Jewell said he had a different interpretation. He <br />said he questioned whether it could be counted as Open Space. He <br />said the fact that the code had been administered wrongly before, <br />did not mean it had to continue to be administered the wrong way, <br />and he thought the code needed to be modified to preclude these <br />interpretations. <br /> Chairman McClain said there was merit to that argument, but a BPA <br />easement was not a regulatory requirement. He said it was not the <br />same protection as Critical Areas Ordinance or Shoreline Management <br />Plan. As a Planning Commission member, when the code was developed, <br />he said they had not allowed the bonus density for those areas <br />protected by other means, and he had to look to the legislative <br />intent. He agreed that the code needed revisions. <br />