HomeMy WebLinkAbout2015-11-24-minutes-public-hearing-annual-comp.-plan-amendments-2015-11-24 MINUTES 1
KITTITAS COUNTY
BOARD OF COMMISSIONERS
ARMORY – MAIN HALL
901 EAST 7TH AVENUE
ELLENSBURG, WASHINGTON
TUESDAY 6:00 P.M. NOVEMBER 24, 2015
Board members present: Chairman Gary Berndt, Vice-Chairman Obie O’Brien, and
Commissioner Paul Jewell.
Others: Julie Kjorsvik, Clerk of the Board; Angela San Filippo, Staff Planner; Neil Caulkins,
Deputy Prosecutor; Christina Wollman, Staff Planner; Amber Green, Plans Examiner; Holly
Duncan, Environmental Health Specialist; and approximately 10 members of the public.
PUBLIC HEARING ANNUAL COMP. PLAN AMENDMENTS CDS
At 6:00 p.m. CHAIRMAN BERNDT opened a Public Hearing to consider the Planning
Commission’s recommendations on the Kittitas County Comprehensive Plan and County Code
Amendments.
DOCKET 15-04 (15-05 WAS INCORPORATED WITH 15-04) ROAD STANDARDS
CHRISTINA WOLLMAN, STAFF PLANNER reviewed a Staff Report and proposed
amendments to the Road Standards including the timing of improvements, storm water, road
design and road certifications.
THOSE PRESENT & TESTIFYING: MARGE BRANSRUD said she would like to see the
second access applied to no more than 10 units instead of 40. PAULA THOMPSON said she
agreed with Ms. Bransrud and there are houses located in areas with a large amount of timber
and was concerned with fire and emergency responders not being able to get access. She urged
the Board to reduce the lots from 40 to 10. THERE BEING NO OTHERS REQUESTING
TO TESTIFY, THE PUBLIC PORTION OF THE HEARING WAS CLOSED.
COMMISSIONER JEWELL moved to approve Docket Item 15.04, and to instruct Staff to
continue working on the secondary access standard of being required when more than 40 units
utilize an access route is not changed and will be addressed before March 2016.
COMMISSIONER O’BRIEN seconded. Motion carried 3-0.
DOCKET 15-10 – GRADING
CHRISTINA WOLLMAN, STAFF PLANNER reviewed proposed amendments to the
Grading Ordinance Title 14.05 which included changes to the title and definitions.
THOSE PRESENT & TESTIFYING: BRAD HABERMAN, REPRESENTING THE
KITTITAS COUNTY FARM BUREAU AND HIMSELF explained how the Grading
Ordinance should go back to the way it was as it seemed to work for everyone. He reviewed
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how the proposed changes did not support farmers and urged the Board to deny the proposed
changes. URBAN EBERHART, MEMBER OF KITTITAS COUNTY FARM BUREAU
AND KITTITAS COUNTY RECLAMATION DISTRICT reviewed portions of the proposed
changes and did not support the changes as they would have a negative impact to landowners.
KEITH ESLINGER, A MEMBER OF THE FARM BUREAU MEMBER supported the
previous testimony given and said he was against the 500 square cubic yard requirements for
farmers needing to obtain permits in order to move dirt around within their own property.
KAREN POULSEN provided examples grading and said if someone plowed a one acre field, 1
foot deep, it would equal 50,000 cubic yards of material and how no one should have to go into
the Public Works Department each time and obtain a permit. She felt specific words could result
in unintended consequences. MARK CHARLTON, FARM BUREAU PRESIDENT said he
had worked on irrigation and there are ways of creating better water savings, less erosion, and
felt the proposed language would be very limiting and the County should readdress the 500
square cubic yards. BRENT MELLEGARD opposed changes and felt it should go back to the
original document. PAULA THOMPSON spoke against the proposed changes as the farmer’s
purpose is to grow and the proposed changes would prevent them from doing so. THERE
BEING NO OTHERS REQUESTING TO TESTIFY, THE PUBLIC PORTION
RELATING TO THE ISSUE WAS CLOSED.
COMMISSIONER JEWELL said he had worked with some of the Farm Bureau members in
creating some of the language. He said it was not unusual to change farm pasture from one use
to another due to changes to crops, irrigation infrastructure, etc. He felt agriculture activities
relating to traditional farming need to be exempt from the 500 cubic yard requirements.
COMMISSIONER O’BRIEN said he thought the issue was more about developers changing
land in its entirety and would be in favor of exempting farming, but would like to take a look at
the language a little more in depth. CHAIRMAN BERNDT agreed with Commissioner Jewells
suggestions.
COMMISSIONER JEWELL moved to approve Docket Item No. 15-10, eliminating the
limitation on agriculture activities and to allow the activities to continue. COMMISSIONER
O’BRIEN seconded. Motion carried 3-0.
DOCKET 15-12 - HEARING EXAMINER
ANGELA SAN FILIPPO, STAFF PLANNER and DOC HANSEN, PLANNING
OFFICIAL/INTERIM PLANNING DIRECTOR explained the proposed changes to Title
15A, authorizing the Hearing Examiner to make final land use decisions. The proposed changes
would allow the Commissioners to focus more on policy, better concentrate on policy-making
and reduce the local government liability exposure through what should be more consistent
legally sustainable quasi-judicial decisions. It was noted the Hearing Examiner would be hired
by the Board of County Commissioners and would serve at their will. COMMISSIONER
O’BRIEN explained various reasons for supporting the proposal including the ability to discuss
matters with constituents and to engage with them one on one. COMMISSIONER JEWELL
described reasons why he opposed the changes and believed the elected officials should be
responsible for decision making and not a Hearing Examiner.
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THOSE PRESENT & TESTIFYING: ALAN CRANKOVICH felt the proposal was a
dramatic change. He said besides being in charge of the County budget it’s the second most
important function of the County Commissioners. He spoke against the County Commissioners
giving their decision making authority to a Hearings Examiner and felt it would never eliminate
the opportunity for litigation and be a disservice to the citizens of Kittitas County, if approved.
PAULA THOMPSON felt a Hearing Examiner would not have any idea of what goes on, as the
Planning Commission does, as well as the previous Board of Adjustment. The County
Commissioners live within the County and know the people, culture and issues. THERE
BEING NO OTHERS REQUESTING TO TESTIFY, THE PUBLIC PORTION OF THE
HEARING RELATING TO THE ISSUE WAS CLOSED.
COMMISSIONER JEWELL moved to deny Docket No. 15-12, as presented. CHAIRMAN
BERNDT seconded.
COMMISSIONER JEWELL described his opinion of why he was against the proposal.
COMMISSIONER O’BRIEN felt due to the complexity of decisions, someone who is familiar
with laws would better serve the citizens. He noted the Hearing Examiner was hired a long time
ago and is familiar with the County and how the citizens would get the best service from
someone who is trained in the details. CHAIRMAN BERNDT described how the issues can be
complex and when he was elected he had no knowledge of findings of fact, conclusions of law,
legal research and felt how it can be daunting at times. He understood Commissioner Jewell and
former Commissioner Crankovich’s concerns and indicated he only wants what is best for the
citizens and it seemed they are now at a crossroads but would vote in favor of the motion.
Motion carried 2-1 to deny the request to authorize the Hearing Examiner to make final land use
decisions. (Commissioner O’Brien opposed the motion).
DOCKET 15-06 – CONSERVATION EASEMENT
ANGELA SAN FILIPPO, STAFF PLANNER reviewed proposed changes to Kittitas County
Chapter 13.35 which would allow subdivisions without requiring mitigation when a conservation
easement is placed on the property which could be removed by a subdivision amendment.
THOSE PRESENT & TESTIFYING: MARGE BRANDSRUD submitted a letter into the
record and asked for clarification of the proposed changes. She felt the language was vague and
open to abuse and asked if the easement would continue with changes in ownership and would
the subdivision adhere to underlying zoning. PAULA THOMPSON questioned the minimum
lot size. She expressed support of the amendment and felt it was a good idea to allow people to
split property who have no intentions on developing it and therefore no need for a well. KAREN
POULSEN commented on the proposal and felt there was a legal definition for conservation
easement and suggested changing the title. THERE BEING NO OTHERS REQUESTING
TO TESTIFY, THE PUBLIC PORTION OF THE HEARING RELATING TO THE
ISSUE WAS CLOSED.
There was Board discussion on the proposed amendment. COMMISSIONER JEWELL moved
to approve the amendment to Kittitas County Chapter 13.35, as presented. CHAIRMAN
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BERNDT seconded. COMMISSIONER JEWELL said he felt it was necessary and believed
it’s a solution in order to remain in compliance and honor the Settlement Agreement with various
parties that was done back in 2014. Motion carried 3-0.
DOCKET 15-11 – ESTABLISH VESTING
ANGELA SAN FILIPPO, STAFF PLANNER reviewed the proposed amendment which
would establish vesting for land use permits to supplement vesting governed by RCW 58.17 and
RCW 19.27.095.
THOSE PRESENT & TESTIFYING: MARGE BRANDSRUD noted Futurewise had
submitted testimony and that she agreed with their comments. PAULA THOMPSON explained
how she did not believe it was in the best interest for the citizens if the proposed amendments
were approved. THERE BEING NO OTHERS REQUESTING TO TESTIFY THE
PUBLIC PORTION OF THE HEARING WAS CLOSED.
COMMISSIONER O’BRIEN moved to defer the item to the 2016 docket. COMMISSIONER
BERNDT seconded. Motion carried 3-0.
DOCKET 15-07 – ADEQUATE WATER SUPPLY
HOLLY DUNCAN, ENVIRONMENTAL HEALTH SPECIALIST reviewed the proposed
changes to the language to Kittitas County Code Chapter 13.35, to streamline water availability
process for building permits on lots within plats that have determined “adequate water
availability”. THERE BEING NO ONE REQUESTING TO TESTIFY, THE PUBLIC
PORTION OF THE HEARING WAS CLOSED.
COMMISSIONER JEWELL moved to approve Docket No. 15-07, as presented.
COMMISSIONER O’BRIEN seconded. Motion carried 3-0.
DOCKET 15-08 - BUILDING & CONSTRUCTION
AMBER GREEN, PLANS EXAMINER reviewed proposed changes to Kittitas County Code
Title 14, relating to permit applications deemed complete; manufactures home definition and
snow load exemptions; definition of RV for consistency; definition of other factory built
dwellings; delete dry cabins; and to update language to existing codes in 17A.06.
THERE BEING NO ONE REQUESTING TO TESTIFY, THE PUBLIC PORTION OF
THE HEARING WAS CLOSED.
COMMISSIONER O’BRIEN moved to approve Docket Item 15-08, noting the removal of
Item E (deleting dry cabins). COMMISSIONER JEWELL seconded. Motion carried 3-0.
DOCKET 15-09 - SMALL RESIDENTIAL STRUCTURES
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AMBER GREEN, PLANS EXAMINER reviewed Docket Item 15-09 relating to clarification
of small residential structures. THERE BEING NO PUBLIC REQUESTING TO TESTIFY,
THE PUBLIC PORTION OF THE HEARING WAS CLOSED.
COMMISSIONER O’BRIEN moved to approve Docket Item 15-09. COMMISSIONER
JEWELL seconded. Motion carried 3-0.
At 8:45 p.m. the Board recessed for a 5 minute break.
At 8:50 p.m. the Board reconvened back into their Public Hearing.
DOCKET 15-14 – AGRICULTURAL SUSTAINABILITY CENTER & RURAL
TOURISM
ANGELA SAN FILIPPO, STAFF PLANNER reviewed the proposed changes to the County
Code and Planning Commission recommendations to include a definition on allowance of an
agricultural sustainability center and rural tourism and to allow such uses in Ag 20, Commercial
Ag, and Forest & Range Zones. CHRIS MARTIN, APPLICANT spoke in favor of the
proposal and described various types of activities that could be included for the public if allowed.
COMMISSIONER JEWELL moved to postpone decision on the request to a later date.
COMMISSIONER O’BRIEN seconded. Motion carried 3-0.
DOCKET 15-01 – HUNTING RESTRICTIONS
CHRISTINA WOLLMAN, STAFF PLANNER reviewed the proposed amendment with
changes to reflect the correct names and legal descriptions for hunting restricted areas. THERE
BEING NO ONE REQUESTING TO TESTIFY, THE PUBLIC PORTION OF THE
HEARING WAS CLOSED.
COMMISSIONER JEWELL moved to approve Docket Item 15-01, as presented.
COMMISSIONER O’BRIEN seconded. Motion carried 3-0.
DOCKET 15-02 – PUD MAP AMENDMENTS
ANGELA SAN FILIPPO, STAFF PLANNER reviewed Docket Item 15-02, to update PUD
zoning maps to be consistent with Kittitas County Code Section 17.36.090. THERE BEING
NO ONE REQUESTING TO TESTIFY, THE PUBLIC PORTION OF THE HEARING
WAS CLOSED.
COMMISSIONER JEWELL moved to approve Docket Item 15-02, as presented.
COMMISSIONER O’BRIEN seconded. Motion carried 3-0.
DOCKET 15-03 – MAP CORRECTIONS
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ANGELA SAN FILIPPO, STAFF PLANNER reviewed Docket Item 15-03, amending the
zoning map to reflect the approved Calaway Rezone (CP12-02) and to amend the Ronald
LAMIRD map to include house and adjacent property not considered in prior logical outer
boundary analysis. THERE BEING NO ONE REQUESTING TO TESTIFY, THE PUBLIC
PORTION OF THE HEARING WAS CLOSED.
COMMISSIONER JEWELL moved to approve Docket Item 15-03, as presented.
COMMISSIONER O’BRIEN seconded. Motion carried 3-0.
DOCKET 15-13 – HOUSEKEEPING AMENDMENTS
ANGELA SAN FILIPPO, STAFF PLANNER reviewed Docket 15-13, relating to various
housekeeping amendments.
THOSE PRESENT & TESTIFYING: MARGE BRANSRUD objected to duplexes in rural
zones. She felt there would be unintended consequences in primitive campgrounds including
homeless camps. PAULA THOMPSON testified relating to fences and how they are important
to Ag producers as a way of keeping out unwanted wildlife. She said the County needed to
demonstrate that duplexes in rural areas meet GMA requirements. THERE BEING NO ONE
REQUESTING TO TESTIFY, THE PUBLIC PORTION OF THE HEARING WAS
CLOSED.
The Board asked questions of Staff and for clarification relating to Docket Item 15-13.
COMMISSIONER JEWELL moved to approve Docket Item 15-13, striking item D relating to
duplexes being allowed in the Rural Zones. COMMISSIONER O’BRIEN seconded. Motion
carried 3-0.
The meeting was adjourned at 10:45 p.m.
KITTITAS COUNTY COMMISSIONERS
CLERK OF THE BOARD KITTITAS COUNTY, WASHINGTON
Julie Kjorsvik Vice-Chairman Obie O’Brien