Planning Commission Meeting Minutes

Transcription

1 Okanogan County OFFICE OF PLANNING AND DEVELOPMENT th Ave. N. Suite Okanogan, WA (509) FAX: (509) TTY/Voice Use Hplanning@co.okanogan.wa.us Planning Commission Meeting Minutes A meeting of the Okanogan County Regional Planning Commission was held on Monday, March 22, 2010 at 6:00 pm. The meeting was held in the Commissioners Hearing Room 123 5th Ave N. Okanogan, WA. PLANNING COMMISSION MEMBERS present included: Chair Albert Roberts, Vice Chair Becki Andrist, Commission Member Mark Miller, Commission Member Phil Dart, Commission Member Jerry Forney, Commission Member Marlene Rawley, Commission Member Pat Charles, and Commission Member Dave Schulz. OKANOGAN COUNTY STAFF MEMBERS present included: Director of Planning Perry Huston, Senior Planner Ben Rough, Natural Resource Senior Planner I Angela Hubbard, and Administrative Secretary Sharon McKenzie. APPLICANTS OR THEIR REPRESENTATIVES present included: Terry O Reilly, Lorenzo Arari, and Trevor Johnson. OTHERS IN ATTENDANCE: Clynda Case, Isabelle Spohn, Jon Wyss and Ray Campbell. Chair Roberts called the meeting to order at 6:03 pm. Approval of the Agenda Commission Member Dart moved to approve the March 22, 2010 agenda as amended. Vice Chair Andrist seconded the motion. Motion passed. Approval of February 22, 2010 Meeting Minutes Commission Member Rawley moved to approve the February 22, 2010 Planning Commission Meeting Minutes as presented. Vice Chair Andrist seconded the motion. Motion passed. Public Hearing Item #1 Deliberations on the Okanogan County Shoreline Master Program and Critical Areas Ordinance Continuance Director Huston said the presentation tonight would include: The explanation of designations for the shoreline and show where those designations apply on the map. The regulations for the designations. The proposed language for docks. 1

2 A proposal for maintenance of the vegetation in the shoreline environment including exempt activities. Natural Resource Planner I Hubbard presented the proposal for seasonal docks and the recommended permitting process. She explained all docks go through the Joint Aquatic Resource Permit Application (JARPA) process. The JARPA application is sent to appropriate agencies for review and comment. Those agencies are typically the Department of Ecology (DOE), Department of Natural Resources (DNR), and Army Corp of Engineers. She noted if the dock is under $10,000, it is shoreline exempt. Director Huston emphasized JARPA is a process and not a permit. JARPA is a vehicle for the landowner to get guidance for what they wish to do in the shoreline. He explained Natural Resource Planner I Hubbard tried to reconcile all agencies so the applicant did not have to go to numerous places for consideration of their application. Addressing the concern of requiring a process for review, Director Huston explained that putting some sort of vehicle in place would be helpful when addressing complaints/inquiries from the public about a new dock. He said if the Planning Commission desires, Staff will set a low threshold for the review process. Addressing the questions of how onerous the JARPA process is, Director Huston said it is not very difficult. The application is distributed by the County to the various agencies for the landowner. He said permanent docks need permits. He explained the County is not looking into requiring a permit for temporary/seasonal docks. He noted the proposed plan gives a timeline for the landowner and the appropriate process for an appeal. The Planning Commission agreed that permanent docks should go through a permit process. After extensive discussion, Chair Roberts recommended the Planning Commission read over the material presented between now and the next regularly scheduled meeting. He instructed the Commission Members to write down suggestions to bring to the next meeting. They should decide whether to use the JARPA application process with no permit required for temporary/seasonal docks. Chair Roberts concluded the discussion on the Shoreline Master Program. He stated the Planning Commission would address the Hess Open Space Timber, Wilson Ranch Planned Development Modification, and the Sonora Point Resort Development Agreement after a brief recess. He said after consideration of the three projects, the Planning Commission will continue deliberation of the Shoreline Master Program. Chair Roberts called for a recess at 6:55 pm. Chair Roberts reconvened the meeting at 7:03 pm. Public Hearing Item #2 Hess Open Space Timber Chair Albert Roberts requested the reading of the summary report on the Hess Open Space Timber Natural Resource Planner I Angela Hubbard requested the Staff Report be 2

3 entered into the record. Natural Resource Planner I Hubbard summarized the proposal stating the landowners are requesting 19 timberland acres be placed in the open space timber classification. She stated the Forest Management Plan was prepared by Forester Greg Saltsman. She stated there is a management schedule for the property. Neither the Proponent Colby Hess nor Forester Greg Saltsman were in attendance. Chair Roberts opened the meeting to public testimony. There being no public testimony, he closed the meeting to public testimony. Chair Roberts said he would entertain a motion. Vice Chair Andrist moved to recommend approval of the Hess Open Space Timber to the Board of County Commissioners subject to the attached Findings of Fact, Conclusions of Law and the Conditions of Approval. Commission Member Schulz seconded the motion. Motion passed. Pubic Hearing Item #3 Wilson Ranch Planned Development Modification Chair Roberts asked Senior Planner Ben Rough to come forward and summarize the Wilson Ranch Planned Development Modification. Senior Planner Rough requested the Staff Report be entered into the record along with the letter from the Department of Ecology (DOE) which was given to the Planning Commission Members this evening. Senior Planner Rough summarized the project from its origin to the proposal presented this evening. He explained the modification would increase the density by replacing a hot tub building with 2 recreation/residential cabins and redesigning Lot 12 from a professional office to employee housing. He explained employee housing is required to be on site per code. Currently, employee housing is not on site. The modification would correct this issue. He explained the various processes that occurred since the original application which allowed increased density. He said the requested increase in density in the proposal is within the approved limits. He said the application for a major modification is necessary because of the increase in density and the changes in use. Addressing a question regarding the confusion on the numbering of the lots, Senior Planner Rough explained lots 4 and 5 on one exhibit refer to the condominiumized cabins. He verified the hot tub structure would be razed. Chair Roberts asked the Proponent to come forward and speak to the issue. Terry O Reilly, agent for the Proponent, explained the two points of access for the trail which goes through the property. Both of these accesses are outside the property boundaries. He explained the Proponent is working with Early Winters Ditch Company on access to the ditch for maintenance. He said there is a legal easement to access the fish screen and the irrigation ditch. Because the easement is in place, the Proponent is requesting removal of Item 16 of the Conditions of Approval. Senior Planner Rough stated the access for the Early Winters Ditch is a legitimate concern but he has not verified if there is a legal access of record. He said if the Planning Commission wants to have the access verified, they can modify the terminology in Item 16. 3

4 The Planning Commission requested Item 16 be changed to read Legal access to the fish screen, trail and irrigation ditch shall not be impaired. Chair Roberts opened the meeting to public testimony. There being no public testimony, he closed the meeting to public testimony. He asked if there was any further discussion. Senior Planner Rough addressed the comment from the Building Department by stating the requirement for sprinklers is addressed in the International Building Code. The Planning Commission requested Item 17 be modified to read All new construction must abide by the International Building Code as administered by the Okanogan County Building Department. Chair Roberts said he would entertain a motion. Commission Member Schulz moved to recommend approval of the Wilson Ranch Planned Development Modification to the Board of County Commissioners subject to the attached Findings of Fact, Conclusions of Law and the Conditions of Approval as amended. Commission Member Rawley seconded the motion. Motion passed. Public Hearing Item #4 Sonora Point Resort Development Agreement Chair Roberts asked Senior Planner Ben Rough to come forward and summarize the Sonora Point Resort Development Agreement. Senior Planner Rough requested the Staff Report be entered into the record. Senior Planner Rough stated Sonora Point Resort LLC submitted a development agreement in order to phase the development of a RV resort. He said the Proponent had submitted a Binding Site Plan and a Shoreline Substantial Development permit to develop and upgrade an existing RV park on Spectacle Lake. He described the proposed improvements. He said the Shoreline Development Permit will be issued dependent on the actions taken by the Planning Commission. He said because the Proponent is phasing the project, a development agreement is required. Planner Rough summarized the two proposed phases. Senior Planner Rough explained the reference to the Molson Overlay in the development plan. He said the reference came from a copy of the actual code which shows reference to the Overlay. He suggested striking OCC (2) from the agreement. The Planning Commission said to strike any reference to the Molson Overlay which may occur in any part of the development agreement. Chair Roberts asked if there was any further comment from the Planning Commission. Chair Roberts asked the Proponent to come forward and speak to the issue. Lorenzo Arari of Richmond, BC and Trevor Johnson of White Rock, BC came forward and addressed the questions regarding the binding site plan and road improvements. They stated they did not find any difficult areas during the construction. Mr. Johnson said they had dug three test pits and found rock and sandy loam. He said there are no issues at this time. He stated the Health Department has given tentative approval. Mr. Arari stated they were becoming familiar with the irrigation district process. 4

5 Addressing the question of reported septic failure, Mr. Johnson stated the reported failure was a comment from a neighbor and not substantiated. He said there is a new system being designed and the old tanks will be removed. Chair Roberts opened the meeting to public testimony. There being no public testimony, he closed the meeting to public testimony. He asked if there was any further discussion. Addressing the question of the terminology in the development agreement, Senior Planner Rough reviewed the approval process and stated the development agreement would be modified and sent to the County attorney for final review after which it would go to the Board of County Commissioners for final approval. Commission Member Schulz moved to recommend approval of the Sonora Point Resort Development Agreement to the Board of County Commissioners subject to the attached Findings of Fact, Conclusions of Law and the Conditions of Approval as amended. Commission Member Rawley seconded the motion. Motion passed. Chair Roberts called for a recess at 8:07 pm. Chair Roberts reconvened the meeting at 8:19 pm. Public Hearing Item #1 - Continuance Deliberations on the Okanogan County Shoreline Master Program and Critical Areas Ordinance Continuance Director Huston explained Staff is putting together a more detailed description of what you can do with regard to vegetation in the shorelines. He noted from the waterway back, there are zones where removal of vegetation is problematic. He reminded the Planning Commission that the object is to protect the functionality of the shoreline. Staff is creating tiers of review. The tiers being considered are: Removal of dead vegetation exempt activity. Creation of an access corridor look at triggers for exempt activity. Beyond certain thresholds, use the JARPA application process for evaluation. will determine if a Shoreline Development Permit is necessary. Director Huston said Staff will present a proposal on what to do with legal non-conforming structures. Natural Resource Planner I Hubbard took the Planning Commission Members through the 10 proposed shoreline designations. She located each designation as it was currently mapped and discussed the purpose and criteria behind each. Natural Resource Planner I Hubbard stated the amount of acreage involved in these designations is being determined. Director Huston said this information will show what is designated now vs. what is being proposed and will include the new designations plus the setbacks and structure requirements. Natural Resource Planner I Hubbard noted the setbacks are pertinent to residential development and are dependent on the type of use which is connected to water related activity. Addressing the 5

6 question of existing activities and if they will be affected, she stated only new activities will be affected by the changes adopted. Existing activities will be grandfathered. The Planning Commission Members discussed the issues of fallow ground, change of use, grazing and what affect the Shoreline Master Program may have. Director Huston said triggers would be looked at such as overall change to the landscape. Addressing the question of the maps and the designated stream type, Natural Resource Planner I Hubbard stated the information for streamflow is based on USGS data. Director Huston said Staff will create a visual aid for the zones. He suggested more simplification of the zones. He said the next step is to talk about setbacks and permitted use in the designations. He said Staff will bring more information to the Planning Commission on the methodology of the measurement of the streamflow. Addressing the question of what areas are in bad shape, Natural Resource Planner I Hubbard said she will identify these areas on a map for the next meeting. Vice Chair Andrist made the motion to continue deliberations on the Shoreline Master Program and the Critical Areas Ordinance at the regularly scheduled meeting on April 26, 2010 at 7:00 pm. Planning Commission Member Dart seconded the motion. Motion passed. Old Business: Chair Roberts asked if there was any old business. There was none. New business: Chair Roberts asked if there was any new business. There was none. Chair Roberts adjourned the meeting at 9:24 p.m. Summary of Motions Commission Member Dart moved to approve the March 22, 2010 agenda as amended. Vice Chair Andrist seconded the motion. Motion passed. Commission Member Rawley moved to approve the February 22, 2009 Planning Commission Meeting Minutes as presented. Vice Chair Andrist seconded the motion. Motion passed. Vice Chair Andrist moved to recommend approval of the Hess Open Space Timber to the Board of County Commissioners subject to the attached Findings of Fact, Conclusions of Law and the Conditions of Approval. Commission Member Schulz seconded the motion. Motion passed. Commission Member Schulz moved to recommend approval of the Wilson Ranch Planned Development Modification to the Board of County Commissioners subject to the attached Findings of Fact, Conclusions of Law and the Conditions of Approval as amended. Commission Member Rawley seconded the motion. Motion passed. 6

7 Commission Member Schulz moved to recommend approval of the Sonora Point Resort Development Agreement to the Board of County Commissioners subject to the attached Findings of Fact, Conclusions of Law and the Conditions of Approval as amended. Commission Member Rawley seconded the motion. Motion passed. Vice Chair Andrist made the motion to continue deliberations on the Shoreline Master Program and the Critical Areas Ordinance at the regularly scheduled meeting on April 26, 2010 at 7:00 pm. Planning Commission Member Dart seconded the motion. Motion passed. Prepared by Sharon McKenzie Administrative Secretary 7