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HomeMy WebLinkAboutM092809 ~1 COMMh.... ~ /~~~~ :ifI.<<,"9 . 06 \ ~(fJ "... ~.) I...... ":'1)>< \\~ ~/ <~S~', :;cr.~~/ ~~~ District No.1 Commissioner: Phil Johnson District No.2 Commissioner: David W. Sullivan District No.3 Commissioner: John Austin County Administrator: Philip Morley Clerk of the Board: Lorna Delaney MINUTES Week of September 28, 2009 The meeting was called to order by Chairman David Sullivan at the appointed time in the presence of Commissioner Phil Johnson and Commissioner John Austin. PUBLIC COMMENT PERIOD: The following comments were made by citizens in attendance at the meeting: A citizen commented on the Shoreline Master Program (SMP) and the impact the Board's decisions will have on shellfish growers; two citizens commented on the Courthouse break-in last Friday and expressed concern that additional security measures need to be put in place and offered their professional services to assist the County in this effort; another citizen spoke about the local economy and the need for the Board to support and encourage new businesses through zoning and development regulations; a citizen questioned why the Board is considering a separation agreement that includes severance pay for the JeffCOM Director who recently resigned (Consent Agenda item #17). APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Austin moved to approve the Consent Agenda as presented. Commissioner Johnson seconded the motion which carried by a unanimous vote. 1. RESOLUTION NO. 51-09 re: Implementing the Statewide Salmon Recovery Strategies through the Hood Canal Coordinating Council (HCCC) Lead Entity 2. RESOLUTION NO. 52-09 re: Authorizing Submission ofa 2009-2011 Washington State Historic County Courthouse Rehabilitation Grant Application for the Jefferson County Courthouse Historic Roof Structure Rehabilitation Project 3. RESOLUTION NO. 53-09 re: Vacation of a Portion of Platted Patison Street; Petitioner, Joyce Murphy 4. AGREEMENT re: Retaining Wall Anchor Installation and Testing Services; Oak Bay Road Repair Project X01813, M.P. 9.37; Jefferson County Public Works; T-OZ Construction, Inc. 5. AGREEMENT NO. GI000023 re: Northwest Straits Project, Marine Resources Committee CZM310; WSU Extension; Gabrielle LaRoche 6. AGREEMENT re: Trading Partner; Electronic Data Interchange; Jefferson County Public Health; Washington State Department of Social and Health Services (DSHS) 7. AGREEMENT, Intergovernmental re: School Nurse Corps Program; Jefferson County Public Health; Olympic Educational Service District (OESD) 114 8. AGREEMENT re: Professional Services; WRIA 17 Planning Unit Phase 4 - Quilcene/Snow Watershed Implementation; Jefferson County Public Health; Brisa Services 9. AGREEMENT re: Washington Wildlife Recreation Program (WWRP) Project; Conservation Easement on Brown Dairy in Partnership with Jefferson Land Trust; Jefferson County Public Health; Washington State Recreation and Conservation Office Page 1 Commissioners Meeting Minutes: Week of September 28.2009 10. AGREEMENT re: Washington Wildlife Recreation Program (WWRP) Project; Conservation Easement on Finn River in Partnership with Jefferson Land Trust; Jefferson County Public Health; Washington State Recreation and Conservation Office 11. AGREEMENT NO. 0663-06498-02, Amendment No.2 re: CSO - Based Family Planning; Jefferson County Public Health; Washington State Department of Social and Health Services (DSHS) 12. AGREEMENT NO. 0963-66720-01, Amendment No.1 re: Foster Care Passport; Jefferson County Public Health; Washington State Department of Social and Health Services (DSHS) 13. AGREEMENT NO. 0963-66852-01, Amendment No.1 re: Early Family Support Services (EFSS); Jefferson County Public Health; Washington State Department of Social and Health Services (DSHS) 14. AGREEMENT NO. 0963-66539-01, Amendment No.1 re: Early Intervention Program (EIP); Jefferson County Public Health; Washington State Department of Social and Health Services (DSHS) 15. AGREEMENT NO. GI000146 re: Site Hazard Assessment; Jefferson County Public Health; Washington State Department of Ecology (DOE) 16. AGREEMENT NO. 0763-20292-02, Amendment No.2 re: Drug and Alcohol Prevention Training; Jefferson County Public Health; Washington State Department of Social and Health Services (DSHS), Division of Alcohol and Substance Abuse (DASA) 17. AGREEMENT re: Separation and General Release for Jeff Com Director Services; Donna Hamlin 18. AGREEMENT re: Jefferson County Target Zero Task Force Project; Jefferson County Sheriff; Washington State Traffic Safety Commission 19. AGREEMENT re: Developmental Disabilities (DD) Program; Project Search; Jefferson County Public Health; Chimacum School District 20. Advisory Board Resignation: Jefferson County Lodging Tax Advisory Committee (L T AC) Inn at Port Hadlock Representative; Crystal Hudson 21. Advisory Board Appointment: Jefferson County Lodging Tax Advisory Committee (LTAC) Inn at Port Ludlow Representative; Unexpired Thee (3) Year Term Expiring July 23, 2010; Miriam V illiard 22. Advisory Board Appointment: Conservation Futures Citizen Oversight Committee; Unexpired Four (4) Year Term Expiring April 13, 2013; Phyllis Schultz 23. Payment of Jefferson County V ouchers/W arrants Dated September 21, 2009 Totaling $507,071.15 24. Payment of Jefferson County Payroll Warrants Dated September 18,2009 Totaling $88,536.30 and AlP Warrants Done by Payroll Dated September 18,2009 Totaling $15,365.22 COMMISSIONERS BRIEFING SESSION: The Commissioners and the County Administrator each reported as follows: Commissioner Austin: . On Wednesday he will be attending a meeting in Forks on the transfer of the Hoh River Road to the Federal Government. Commissioner Johnson: . He is coordinating meetings with State representatives to get support for the Center for Historic Preservation at Fort Worden. Page 2 Commissioners Meeting Minutes: Week of September 28,2009 Commissioner Sullivan: . Friday he will be attending the Peninsula Regional Transportation Planning Organization Legislative Steering Committee. The group is preparing to lobby for regional transportation issues. . Clallam County Commissioners are willing to provide a letter of support for the transfer of the Hoh River Road to the Federal Government. County Administrator Philip Morley: . He will schedule meetings with Joe D' Amico and Bill Miller to discuss Courthouse security and coordinate efforts with Facilities staff, Elected Officials and other community members. . The Jeff COM Board of Directors have designated Sheriff Tony Hernandez as the interim Jeff COM director until a replacement is hired. . At the end of October the JeffCOM Board of Directors will hold a retreat on long-range strategic planning. . A separation agreement for officials at certain levels is standard practice for Risk Management purposes. Parks and Recreation Service Planfor 2009 and 2010: Parks and Recreation Manager Matt Tyler reviewed the various Parks and Recreation services provided by the County to individuals of all ages. With the assistance of volunteers, the County maintains 19 parks, 16 shoreline access areas, and 6.2 miles of trails. Recreation programs serve 2,200 families and 700 youth. This year staff has provided approximately 96,000 participant hours which equates to a cost of $1.97 per person per hour. A portion of that cost is funded by program fees with the remainder of that cost being funded by a subsidy from the General Fund. Over the last two years the County has also had to use Capital Funds for the maintenance and operations of parks and recreation services which are now depleted. Expenditures for 2009 are projected to be $539,546. Due to budget constraints the Parks and Recreation program is needing to make significant reductions. Expenditures in 2010 are projected to be $438,077 which is a reduction of$100,469 or 19% from 2009. Meeting this budget reduction will be done by cutting parks and recreations services and reducing the number of part -time employees. In 2010 there will be one maintenance person for the entire County park system. The County will be using the following coping strategies with the goal of recovering 50% of parks and recreation costs in 2010: Greatly expand its volunteer base and "Adopt-a-Park" program Close low performing campgrounds Close two (2) "Day-Use" parks Continue to partner with other agencies Raise fees Cut Recreation Center hours Cut "High Subsidy Programs" Build high revenue programs (ie. Kid Fit program) Partner with professionals (ie. day care service at Recreation Center) Page 3 Commissioners Meeting Minutes: Week of September 28,2009 Matt Tyler noted that the following County parks have already been adopted by volunteers who are willing to take over the maintenance: Ironda1e Beach Park East Beach Park Indian Island Park Gibbs Lake Park Quilcene Riverside Park Parks available for adoption include: Port Townsend Community Center Park Courthouse Park North Beach Park Oak Bay Park Lake Leland "Day-Use" Park Irondale Community Park Memorial Field The following parks will be closed: Chimacum Campground and "Day-Use" Park Lake Leland Campground ShinelHicks Park Matt Tyler explained that the County hopes to have all the parks adopted by November 1, 2009 and noted that the parks scheduled to be closed can also be adopted if a volunteer came forward. In terms of raising fees for the recreation programs he noted that grants will be submitted to the local service organizations and foundations to establish a scholarship program. Donations are also accepted through the County's registration process. Philip Morley discussed the draft Parks and Recreation Service Plan which outlines the time line for the specific parks that will be closed or adopted out. It is targeted for the plan to begin in the fall of 2009 and continue in 2010. Matt Tyler reported that no maintenance will occur at the closed parks. There have been discussions with Fort Worden State Park staff about possible assistance with the maintenance of North Beach Park, however, nothing has been finalized, He noted that the restroom facility at North Beach Park will be kept open. It is the County's intent to reserve enough funding to pay for utilities, taxes and supplies which will empower the volunteers to provide the maintenance. Frank Gifford stated that capital funds have been depleted to maintain the current status of parks and recreation programs. With the current budget the County can no longer afford to maintain the current level Page 4 Commissioners Meeting Minutes: Week of September 28,2009 of services. This will have a significant long term effect on the County's facilities. Not only does a facility plan need to have funding for operations and maintenance, but, it must also have committed investment funding for long term capital development. If it wasn't for volunteers and private donations, the County would not have the RJ. Carroll Park facility. It is volunteers who provide the maintenance and also put in the capital investment necessary to rebuild the fireplace and picnic shelter at East Beach Park to keep it from being closed. Alternatives need to be found. Parks and Recreation Advisory Board member Kathleen K1er stated that the bigger issue is the operational budget. Only a certain amount of volunteer hours can be used for maintenance. A non-mandated program which is dependent on County funding is at risk of being discontinued. A solution is to establish a Metropolitan Parks District that funds itself. This has been done in many jurisdictions in the State of Washington. She believes this needs to be done soon in order to preserve our current programs and facilities. Philip Morley stated that County government is faced with the difficult challenge of funding mandated services with an inadequate revenue base which places non-mandated services at risk of losing funding. A separate sustainable funding source needs to be found for our valuable parks and recreation programs so that in future years they are not perpetually caught in the struggle for funding between mandated and non- mandated services. The County is coping with the present situation as best it can, but, this community needs to build the future so that the quality oflife includes parks and recreation. Discussion and Possible Approval of a Resolution Establishing a Housing Action Plan Network (HAPN) Affordable Housing Lands Inventory: Department of Community Development (DCD) Planning Manager Stacie Hoskins reported that as directed by the Board last week, staff has prepared a resolution for the adoption ofthe property inventory for affordable housing. As required by the County/City Housing Action Plan both the County and City staff have compiled a list of City owned and County owned property located within the City that are suitable for affordable housing projects. Two county properties were identified by staff. One is located at the Castle Hill complex near QFC and the other is adjacent to Laurel Grove Cemetery. The Board agreed to add the County property to the Housing Action Plan property inventory for affordable housing with the understanding that the southern 1/3 portion of the County property at Laurel Grove Cemetery is excluded, and that any projects proposed for the County property at Castle Hill would require substantial discussion to address the placement of County offices currently occupying that property. Stacie Hoskins presented a resolution to establish a Housing Action Plan Network (HAPN) affordable housing lands inventory for the Board to review. Also included is a copy of a similar resolution that the Port Townsend City Council will be considering for adoption. Commissioner Austin moved to approved RESOLUTION NO. 54-09 establishing an inventory of property suitable for the purpose of expanding Jefferson County's affordable housing stock in partnership with public and/or private entities with expertise in designing, funding, developing and managing affordable housing. Commissioner Johnson seconded the motion. Page 5 Commissioners Meeting Minutes: Week of September 28,2009 Stacie Hoskins stated that the Board may want to add the following language which is also used in the City's resolution: "Final disposition of any subject properties shall be subject to prior approval by Council as to future use. This shall not be construed to infer pre-judgment on any subsequent land use or environmental approval process." Philip Morley stated that he recommends adding the language to the resolution with the following suggested changes: Replace the word "Council" with "the Board", and replace the word "infer" with "imply". Commissioner Austin amended his motion that the suggested language changes be added to the resolution as recommended. Commissioner Johnson seconded the amended motion. Chairman Sullivan called for a vote on the amended motion which passed unanimously. Shoreline Master Program (SMP) Deliberations: Planning Manager Stacie Hoskins and Long Range Planning Lead Michelle McConnell were present to assist the Board with deliberations on the Shoreline Master Program (SMP). Also present was: Deputy Prosecuting Attorney David Alvarez, Jefferson County Public Works staff Monte Reinders and Jim Pearson, and Department of Ecology representative J effree Stewart. Michelle McConnell explained that staff has prepared a spreadsheet titled SMP Issues "Pick List" which reflects changes the Board has requested during their meetings held on September 2 (Special Meeting), 14, 21, and 23 (Special Meeting), 2009. The Department of Community Development (DCD) will update this list with any changes the Board requests throughout the deliberations. The changes on the "Pick List" have not yet been incorporated into the SMP document. All the changes will be made at one time after the deliberations have been concluded and when clear direction to make the changes has been given by the Board. The Board continued its review of the Planning Commission's proposed SMP draft with the line-inlline-out changes recommended by DCD as follows. ARTICLE 7 - SHORELINE MODIFICATIONS POLICIES AND REGULATIONS The Board directed DCD to switch sections 7 (Structural Shoreline Armoring and Shoreline Stabilization) and 8 (Restoration) so they will be in alphabetical order. ARTICLE 8 - USE-SPECIFIC POLICIES AND REGULATIONS Title 10 (lncorrectlv noted as 36) Transoortation Section D Rel!ulations - Desil!n and Ooeration Pal!e 8-33. subsection 1 The first sentence in this section reads "Transportation facilities in shoreline jurisdiction shall be designed to generally follow natural topography, to minimize cuts and/or fills, to avoid adverse impacts to shoreline ecological functions and processes." Page 6 Commissioners Meeting Minutes: Week of September 28, 2009 !:.J"'" ", L "\~ ~'<";+ ~,,,;-~~~" After consulting with Public Works staff, the Board agreed to change this sentence to read "New transportation facilities in shoreline iurisdiction shall be located to be as far from the shoreline features as possible and shall be designed to generallv follow natural topographv, to minimize cuts and/or fills, to avoid adverse impacts to shoreline ecological functions and processes including channel migration fWlctions." Pa!!:e 8-34. subsection 2 In the second sentence the Board agreed to change the words "floodway fringe" to "floodplain" and to replace the language after the word "routes" with "shall be designed to avoid obstructing floodwaters." The Board also removed the word "abnormally" from the last sentence. Pa!!:e 8-34. subsection 5 The Board agreed with DCD's recommendation to add this subsection which reads "When as in-water or overwater development or structure is required for construction. operation or maintenance of transportation facilities. it shall meet all provisions of this section and the pro~ram." Pa!!:e 8-34. subsection 7 Reads "Bridges or bottomless culverts or other similar structures shall be used in accordance with WDFW guidance to protect shoreline ecological functions and process. Bridge approaches in floodways shall be constructed on open piling, support piers, or other similar measures to preserve hydraulic processes." After consulting with Public Works staff, the Board agreed to change this section to read "Bridges and culverts shall be designed. constructed and used in accordance with WDFW guidance to protect shoreline ecological functions and processes. Transportation crossings over ordinary high water and in floodwavs shall be constructed on open piling. support piers. culverts or other similar measures to preserve hvdraulic processes. " Section E Re!!:ulations - Parkin!!: Pa!!:e 8-35. subsections 1 and 2 The Board agreed with DCD's recommendation to delete these two sections which read 1) "Parking as a primary use shall be prohibited within shoreline jurisdiction"; and 2) "Parking is prohibited on structures located in or over water." Pa!!:e 8-35. subsection 3 The Board agreed to delete the first sentence which reads "Parking facilities are not a preferred use of the shoreline and are not water-dependent." Title 11 (Incorrectlv noted as 37) Utilities Section C Re!!:ulations - General Pa!!:e 8-38. subsection 1 The Board agreed to add language to the end of the last sentence which reads "and pipe sleeves shall be used to facilitate repair without future encroachment on surface waters and wetlands, Wlless more feasible or technically superior alternatives exist that provide equivalent protection, as deemed bv the Administrator." Pa!!:e 8-38. subsection 2 Reads "Utilities that are not water-dependent shall be located away from shorelines unless it is demonstrated that alternative locations and alternative technology are infeasible." Page 7 Commissioners Meeting Minutes: Week of September 28, 2009 The Board agreed to change this section to read "Utilities that are not water-dependent shall be located outside shoreline buffers unless it is demonstrated that alternative locations and alternative technology are infeasible." Section F Re!!:ulations - Sewa!!:e Systems Pa!!:e 8-39. subsection 1 Reads "Outfall pipelines and diffusers are water-dependent but should be located only where there will be minimal adverse effects on shoreline ecological functions and processes or adverse impacts upon shoreline resources and values. The Board agreed to change this section to read "Outfall pipelines and diffusers are water-dependent but shall be located to minimize adverse effects on shoreline ecological functions and processes or adverse impacts upon shoreline resources and values." Section I Re!!:ulations - Electrical Enerl!V and Communication Systems Pa!!:e 8-40. subsection 1 Reads" Energy and communication systems including substations, towers, and transmission and distribution lines have critical location requirements, but are not normally water- dependent. Systems components that are not water-dependent shall not be located on shorelines unless alternatives are infeasible." The Board agreed to change this section to read "Systems components (including substations, towers, and transmission and distribution lines) that are not water-dependent shall not be located on shorelines unless alternatives are infeasible." ARTICLE 9 - PERMIT CRITERIA AND EXEMPTIONS Title 3 (Incorrectly noted as 39) Exemntions Listed Pa!!:e 9-2. Section A. subsection 1 The Board agreed to add the following language "or as adiusted bv WAC 173-27-040." to the first sentence after "...does not exceed five thousand seven hundred eighteen dollars ($5,718)." Title 5 (Incorrectly noted as 41) Variance Permit Criteria Pa!!:e 9-7. Section A The Board agreed with DCD's recommendation to add the following language to the end of this section which reads "In authorizing a variance. special conditions mav be attached to the permit by the Countv or the Department of Ecologv to control anv undesirable effects of the proposed use. Final authority for variance permit decisions shall be granted bv the Department of Ecologv." Page 8 Commissioners Meeting Minutes: Week of September 28, 2009 Title 6 (lncorrectlv noted as 42) Conditional Use Permit Criteria Pal!e 9-8. Section A DCD recommends the following language be added to the end ofthis section "Final authority for conditional use permit decisions shall be granted by the Department of Ecology." The Board agreed to change the recommended language and add it as follows "Final authoritv for conditional use permit decisions rests with the Department of Ecology." ARTICLE 10 - ADMINISTRATION AND ENFORCEMENT Title 1 Administrative Authority and Responsibility Pal!e 10-1. Section B Administrator Subsection (1) Reads "The Director of the Jefferson County Department of Community Development or hislher designee (the Administrator) is vested with authority and responsibility to:" The Board agreed to remove the words "and responsibility" from this section. Title 6 (incorrectlv noted as 48) Non-conforminl! Development Pae:e 10-6. Section A The Board directed DCD to rewrite this section and bring it back for review and approval during deliberations scheduled for October 1,2009. Pal!e 10-6. Section B The Board agreed with DCD's recommendation to add the following language "due to fire. flood or other natural disaster"after the words "major structural damage." Pal!e 10-6. Subsection 1 (incorrectlv noted as 'a') The Board agreed with DCD's recommendation to delete the language "shall be compatible with other permitted structures in the area and" after the words 'The rebuilt structure" so this subsection will read "The rebuilt structure will not cause adverse effects to adiacent properties or to the shoreline environment: and..." Pal!e 10-6. Subsection 2 (incorrectlv noted as 'b') The Board agreed with DCD's recommendation to delete ";"(semicolon) and add "~"( colon). Pal!e 10-7. Subsection 3 (incorrectlv noted as 'c') DCD's recommends adding the following language "No horizontal or vertical expansion or enlargement of the footprint or height, or any degree of relocation, will occur; and." The Board agreed to change the recommended language and add it as follows: "No horizontal or vertical expansion or enlargement ofthe footprint or height will occur: and..." Pal!e 10-7. (Newly created) Subsection 4 The Board directed DCD to draft additional language which addresses the degree of relocation that be allowed to occur to increase conformity. Page 9 Commissioners Meeting Minutes: Week of September 28, 2009 Pal!e 10-7. Subsection 5 (incorrectlv noted as 'd') The Board agreed with DCD's recommendation to delete "Except for extenuating circumstances such as resolution of an estate, or widespread economic or natural disaster," and add the words "submittal of" so the first sentence reads "The submittal of applications for permits necessary to restore the development are begun within six (6) months of the damage." The Board also agreed with DCD's recommendation to add a second sentence which reads "The Administrator may waive this requirement in situations with extenuating circumstances such as resolution of an estate. or widespread economic or natural disaster; and..." Pal!e 10-7. Subsection 6 (incorrectlv noted as 'e') The Board agreed to replace to word "completed" with the word "commenced" in the first sentence and to add a second sentence which reads "Administrator may allow a one (1) year extension." Pal!e 10-7. Section C In-Water/Overwater: The Board agreed with DCD's recommendation to add "When a use or development is not prohibited." to the beginning ofthe first sentence and add "is allowed and" before the word "shall" and to delete the word "any" before the word "non-conforming." The Board also agreed to add a second sentence which reads "In-water and overwater use/development not allowed bv this program shall not be re\Jlaced in-/overwater." Section D ExpansionlEnlarl!ement without Conditional Use Permit or Shoreline Variance: Pal!:e 10-7. Subsection Hi-v) The Board agreed with DCD's recommendation to add the following language: "1. Single Fami1v Residential: The Administrator mav allow the landward enlargement or expansion of non-conforming single familv residences bv the addition of space to the exterior of the main structure or the addition of normal appurtenances without a shoreline conditional use permit or shoreline variance provided. and subiect to. the following: i) The structure is located landward of the ordinary high water mark: and ii) No lateral or waterward enlargement or expansion bevond the existing structure's foundation walls will occur; and iii) The increase/expansion in total footprint area does not threaten critical areas; and iv) The increased height does not significantlv impair the public's view of the shoreline: and v) Enlargements. expansions or additions that increase the total footprint of the existing structure( s) bv UP to ten (10) percent shall be allowed provided the expansion or addition will not adversely affect critical areas. si@:nificantlv impair the ability of a substantial number of people to view the shoreline or increase the degree of non- conformity." Pal!:e 10-7. Subsection l(vi) DCD recommends adding language which reads "Enlargements. expansions or additions that increase the total footprint of the existing structure( s) bv eleven (11) to twentv five (25) percent or increase the structure height UP to the limits allowed bv this program shall be allowed provided that the addition will not adverse1v affect critical areas. significant1v impair the ability of a substantial number of people to view the shoreline. increase the degree of non-conformitv. and further provided that an equivalent area of shoreline buffer is enhanced through planting of native vegetation. The Administrator shall require a planting plan to ensure this standard is implemented." The Board agreed to add the recommended language with the following edit: change the words "by eleven (11) to twenty five (25) percent" to read "greater than ten (10) percent. but no more than twenty five (25) percent." Page 10 Commissioners Meeting Minutes: Week of September 28, 2009 Section E EXDansionlEnlar~ement with a Conditional Use Permit: Paee 10-8. Subsection Hi) and (ii) The Board agreed with DCD's recommendation to add the following language "The Administrator shall require a conditional use permit for any of the following: i) Enlargement or expansion of non-conforming single fami1v residences by the addition of space to the exterior of the main structure or normal appurtenances where the total footorint will increase by more than 25% or the expansion/enlargement occurs laterally or landward, but not waterward. of the structure"; and ii) Enlargement or expansion of single fami1v residences where the addition of space to the exterior ofthe main structure is likely to adversely affect critical areas. or is likely to obstruct the view of an adiacent development." Paee 10-8. Subsection 2 (i-yii) (incorrectly noted as a-e) The Board agreed with DCD's recommendation to add the following language "Changing an Existing Non-Conforming Use: A structure that is being or has been used for a non-conforming use may be used for a different non-conforming use only upon the approval of a conditional use permit. Provided all the following criteria are met: 1) No reasonable alternative conforming use is practical because of the configuration of the structure and/or the property: and 2) The proposed use will be at least as consistent with the policies and provisions of the Act and this program and as compatible with the uses in the area as the preexisting use: and 3) The use or activity is enlarged, intensified, increased or altered only to the minimum amount necessarv to achieve the intended functional purpose: and 4) The structure(s) associated with the non-conforming use shall not be expanded in a manner that increases the extent of the non-conformity including encroachment into areas, such as setbacks, and/or buffers established by this program, where new structures, development or use would not be allowed: and 5) The vegetation conservation standards of Article 6 are met: and 6) The change is use. remodel or expansion will not create adverse impacts to shoreline ecological functions and/or processes: and 7) Uses which are specifically Prohibited or which would thwart the intent of the Act or this program shall not be authorized." Paee 10-8. Subsection 3 The Board agreed with DCD's recommendation to add the following language "Non-conforming structures with conforming uses within commercial or mixed-use developments may be expanded or enlan2ed within the existing bui1cling footprint as a conditional use." Pal!:es 10-8 and 10-9. Subsection 4 en and (ii) (incorrectly noted as C (1) and (2)) The Board agreed with DCD's recommendation to delete this subsection which reads "The Administrator shall require a conditional use permit for any of the following: i) Enlargement or expansion of single family residences by the addition of space to the exterior of the main structure or normal appurtenances in excess of those allowances provided in 10.6.F"; and ii) Enlargement or expansion of single family residences where the addition of space to the exterior of the main structure is likely to adversely affect critical areas, or is likely to obstruct the view." Paee 10-9. Subsection 5 (incorrectly noted as F) The Board agreed with DCD's recommendation to delete this subsection which reads "A structure that is being or has been used for a non-conforming use may be used for a clifferent non-conforming use only upon the approval of a conditional use permit." Page 11 Commissioners Meeting Minutes: Week of September 28,2009 Section F ExnansionlEnlarl!:ement with a Shoreline Variance: Pal!:e 10-9. Subsection 1 The Board agreed with DCD's recommended language which reads "Sinl!:le Familv Residential: Enlargement or exoansion of single familv residences that extends waterward bevond the existing residential foundation walls. further into a critical area. further into the minimum required side vard setback. or that increases the structure height above the limits established bv this program shall require a variance," Pal!:e 10-9. Subsection 2 The Board agreed with DCD's recommendation to add a ","(comma) after the words "residences" and "expanded", delete the word "or" after the word "expanded" and add the words "or relocated" after the word "enlarged." Pal!:e 10-9. Section G The Board agreed with DCD's recommendation to delete this section which reads "The Administrator shall allow enlargement or expansion of single family residences by the addition of space to the exterior of the main structure or appurtenances only when: I) Those enlargements or expansions are located landward of the ordinary high water mark (not waterward of or lateral to the ordinary high water mark) and; 2) The increase/expansion in total footprint area does not threaten critical areas; and 3) The increase in height does not significantly impair the public's view of the shoreline." Title 16 (incorrectlv noted as 58) Notice of Decision. Reconsideration and Anneal Pal!:e 10-13. Section F The Board agreed with DCD's recommendation to delete this section which reads "Jefferson County shall consider an appeal of a decision on a shoreline substantial development permit, shoreline variance or shoreline conditional use only when the applicant/proponent waives his/her right to a single appeal to the Shoreline Hearings Board. Such waivers shall be filed with the County in writing concurrent with a notice of appeal within ten (10) days of a final action. When an applicant/proponent has waived his/her right to a single appeal, such appeals shall be processed in accordance with the appeal procedures of JCC Chapter 18.40 Article V and shall be an open record hearing before the Hearing Examiner. I) Permit appeals shall be processed according to JCC Chapter 18.40.330, provided that appeals of a determination regarding a statement of exemption shall occur in accordance with JCC Chapter 18.40.390. The fee for such appeal shall be as set forth in the Jefferson County fee ordinance and must be paid by the appellant at the time of filing the appeal; 2) In accordance with RCW 90.58.185, in the case of an appeal involving a single family residence or appurtenance to a single family residence, including a dock or pier designed to serve a single family residence, or of appeals involving a penalty of fifteen thousand dollars ($15,000) or less, the request for review may be heard by a panel of three Shoreline hearings Board members, at least on and not more than two of whom shall be members of the Pollution Control Hearings Board. Two members ofthe three must agree to issue a final decision of the board; and 3) The Shoreline Hearings Board shall define by rule alternative processes to expedite appeals, including those involving a single family residence or appurtenance to a single family residence, including a dock or pier designed to serve a single family residence, or involving a penalty of fifteen thousand dollars ($15,000) or less. These alternatives may include: Mediation, upon agreement of all parties; submission of testimony by affidavit; or other forms that may lead to less formal and faster resolution of appeals." Page 12 Commissioners Meeting Minutes: Week of September 28, 2009 '!J"""" .z-,.i.-<:' ~- .~. - "" "",s"'~C Title 24 (incorrectly noted as 66) Insnections Pal!e 10-18, Section A The Board agreed with DCD's recommendation to delete the following language from the end of the first sentence "may enter such building or premises." and replace it with language that reads "shall take anv action authorized bv law." The Board also agreed with DCD's recommendation to delete the second and third sentences which read "If the building or premises are occupied, the Administrator shall first present property credentials and demand entry, and if the building or premises is unoccupied, the Administrator shall first make reasonable efforts to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused, the Administrator shall have recourse to eyery remedy provided by law to secure entry, including administrative search warrants." and to add "when necessarv" to the end of the fourth sentence. APPENDIX A - OFFICAL SHORELINE MAP OuiIcene Bay Man A letter was received from the Conservation District Manager Al Latham requesting the Board consider changing the shoreline designation of a portion of "Reach 0" from "Natural" to "Conservancy." The Board discussed the definitions ofthe shoreline designations and the agriculture uses and development in this area and concurred that "Reach 0" will remain unchanged. Port Ludlow Bav Man Chairman Sullivan stated that a letter was received from the Washington State Parks stating that the area known as Shine Tideland State Park located north of the Hood Canal Bridge has had public beach access for a number of years and does not fit the "Natural" shoreline designation it has been given. The letter further explains that there are plans through the Puget Sound Initiative for renovation and restoration of the area, but, public access will still be part of the equation. In order to allow for restoration and public access improvements, the Washington State Parks believes this area should be designated as "Conservancy." They are concerned that having a "Natural" shoreline designation will limit the public access improvements the State has planned. It is difficult for the Board to make a change without knowing what the State Park's has planned. Commissioner Austin stated that it makes sense to change the designation of only the area where the boat launch is located from "Natural" to "Conservancy", because it would be difficult to return that area to its natural state. Michelle McConnell explained that the inventory characterization results indicated that the area was a good fit for the "Natural" designation. If the Board wants to make a change, the maps can be reviewed further to locate a defining line or a place to make a break. Chairman Sullivan stated that he is does not have a strong feeling to make the change. The State Park's letter came late in the process and he wishes they would have participated and made their concerns known at the time the Shoreline Technical Advisory Committee and the Shoreline Policy Advisory Committee were holding meetings. Jeffree Stewart noted for practical consideration that there is also a great deal of geological instability in that area that would be significant in terms of development possibilities. Page 13 Commissioners Meeting Minutes: Week of September 28,2009 Michelle McConnell stated that the "Natural" designation allows the State Park's to maintain what currently exists. Commissioner Austin agreed that the County has not been apprised of future plans of the State Parks. Chairman Sullivan added that the County will be reviewing the SMP again in 7 years, and in the meantime the State Parks can develop ideas and work with the County earlier in the process next time. The Board agreed to keep the designation as "Natural" at this time. Commissioner Austin stated that the State Parks also requested a portion of shoreline on Hood Head be changed from "Natural" to "Conservancy". A "Natural" designation does not prohibit the State Parks from having a water trail. The Board agreed that the designation will not be changed. Port Townsend Bav Man Commissioner Austin stated that the State Parks has requested that a portion of the Anderson Lake "Natural" shoreline designation be changed to "Conservancy." He agrees with that change as they have plans for horse trailer parking and tie ups which do not make it part of the natural part of the park. Ifpossible, he would like the County to be seen as working cooperatively ~ith the State Parks. Commissioner Sullivan stated that he concurs, but it is difficult to tell from their letter what they plan to do within 200 feet of the lake shoreline. He doesn't see anything in their letter about plans to do something that could not be done 200 feet away from the shoreline. Michelle McConnell read the general description of Anderson Lake included in the inventory characterization. County Administrator Philip Morley asked about the difference in uses between the "Natural" and "Conservancy" designations? Michelle McConnell explained that with a "Natural"designation maintenance of existing facilities is allowed and new boat launches for hand launching of small watercraft may be allowed with a Conditional Use Permit. With a "Conservancy" designation any boat launches may be allowed with a Conditional Use Permit. In a "Natural" designation the intent is for boat launches to be used for small, non-motorized watercraft such as kayaks and small sailboats. Commissioner Sullivan noted that the equestrian plans do not appear to be water dependent uses. Stacie Hoskins noted that the recreation section in Article 8 states that there are allowances for trails, stairs, picnic areas, roads, viewpoints, restrooms, interpretive facilities and other development that won't adversely affect the shoreline. In a "Natural" designation, recreational development requiring extensive structures or substantial alterations to topography or native vegetation is prohibited, whereas, these things would be allowed in a "Conservancy" designation subject to setback buffers. Michelle McConnell stated that DCD is also looking at the "no net loss" issue in terms of maintaining existing heavy vegetation versus allowing recreation that will substantially alter the vegetation. Philip Morley stated that this area of the lake has been cleared and has grass. That portion of the lake has already been altered and is not natural vegetation. Commissioner Johnson agreed. Page 14 Commissioners Meeting Minutes: Week of September 28, 2009 Commissioner Austin suggested the Board change designation of the already developed portion ofthe lake shoreline from"Natural" to "Conservancy". Stacie Hoskins stated that the implication for the shoreline to remain as "Natural" is that any of the State Park's existing structures would only be allowed to expand under the non-conforming section of this program. Chairman Sullivan stated that one of State Park's issues is that they do not want to spend state resources on County Conditional Use Permits and other requirements because then they will have less to spend on their projects. State Park projects have to go through a review process which they believe is adequate. They do not want to have to spend more money having to comply with State Department of Ecology regulations. Philip Morley stated that the Board has two options: I) Leave the entire Anderson Lake shoreline designation as "Natural" or 2) Direct DCD to define an area of the Anderson Lake shoreline which has already been altered and change its designation to "Conservancy." The Board directed staff to define an area of the Anderson Lake shoreline which has already been altered and change its designation to "Conservancy." Chairman Sullivan acknowledged a letter received from the State Department of Health commenting on commercial shellfish growing areas listed on the maps. No changes to the maps were requested. Commissioner Austin stated that all of Fort Flagler is designated as "Natural" except for a small portion of the shoreline located to the west. The northeast comer of Fort Flagler has extensive structures including a lighthouse. There is also a pier located on the southeast side of the park. The State Parks is asking that the "Conservancy" designation be applied to the entire shoreline of the park. He agrees with making a change except that "Reach NN" should be left mostly "Natural" and the portion of "Reach MM" leading up to the development should left "Natural." Commissioner Johnson stated that without seeing it in person he is inclined to leave it designated as "Natural." Commissioner Austin feels that if the map is going to be honestly descriptive, then the designation needs to be changed to "Conservancy" from Marrowstone Point down to 100 yards south of the pier. Chairman Sullivan questioned the need to change the designation when it has been "Natural" up to this point. Absent any glaring errors, he is inclined to go along with the designations that the technical and policy advisory committees have put forward and which have gone through the review process. He sees it as the Board dealing with technical questions at the last moment. Commissioner Austin stated that he agrees with Chairman Sullivan's sentiments and it would have been great if the State Parks had participated in the SMP process earlier, however, the Board is open to all suggestions. Chairman Sullivan agreed. Michelle McConnell read the inventory characterization for the shoreline reaches in this area noting which shorelines have been altered and stating that the parking lot and campground at Fort Flagler were Page 15 Commissioners Meeting Minutes: Week of September 28, 2009 constructed on fill placed on approximately 22 acres of salt marsh. She agrees that the area has existing development and shoreline modification features, but, it also has eagle nesting and unique prairie habitat. Chairman Sullivan stated that the "Natural" designation allows the State to maintain their existing shoreline structures and to do projects 200 feet back from the shoreline. Jeffree Stewart stated that another way to look at it is based on the historic structures and what will be maintained. The existing structures were built on fill over an old salt marsh. A distinction between "Natural" and "Conservancy" can be regarded as either maintenance or a restoration opportunity in the future. The "Natural" designation allows maintenance of what currently exists, however, it limits a lot of development. Commissioner Austin stated that he understands concerns about Fort Flagler being constructed on fill and all things being equal he would usually see this as needing to go back to its natural state. However, he sees Fort Flagler as more than a natural area. He sees it as historical. Many people come to visit the military installation and he hopes they do not tear down the light house or any other structures. This is why he supports a change in the designation to "Conservancy." Chairman Sullivan added that Fort Flagler State Park is a place where public access to the water is concentrated as opposed to other areas, so it does lend to the argument that a change in designation to "Conservancy" needs to made somewhere. The question is where? He asked ifDCD could contact State Parks about this issue and respond back to the Board? Michelle McConnell replied that State Parks has GIS information that can be made available to the County for setting boundaries. The Board directed DCD to contact State Parks and bring back a "Conservancy" designation boundary proposal for the Board to consider. Commissioner Austin reviewed a letter received from Port Townsend Paper Corporation asking that the aerated stabilization basin (ASB), also known as Mill Pond, not be included as a shoreline classification because it is not a lake, wetland or shoreline ofthe state. Port Townsend Paper Corporation states that the ASB and the industrial freshwater overflow area are integral parts of the manufacturing process and are already subject to their own appropriate regulations. They are requesting that the industrial facilities be removed from the shoreline designation of "High Intensity" above ordinary high water mark and instead be classified as N/ A (Not Applicable). They are further requesting that the western boundary of the "ccc shoreline" should follow the existing beach and not wrap around the western perimeter of the Port Townsend Paper Corporation industrial freshwater overflow area. Stacie Hoskins noted that man-made lagoons such as the one in Port Ludlow have been considered shorelines in the past. Jeffree Stewart added that he previously spoke with representatives of the Port Townsend Paper Corporation during the committee process and he explained that there is no statutory means of declaring their facility outside the shoreline jurisdiction because it meets the criteria in the statute. Without a legislative change, if it meets the criteria, it is considered a shoreline. The same issue arises with gravel ponds and other similar facilities. Page 16 Commissioners Meeting Minutes: Week of September 28,2009 After discussing how the paper mill processes water, and reviewing the inventory characteristics of this shoreline, the Board agreed that no change will be made to the designation. ARTICLE 2 - DEFINITIONS Pal!e 2-1. Note to reviewers reads "Note to reviewers: These proposed SMP definitions are derived from multiple sources. Definitions denoted with (*) are from the existing JCC, Title 18. Definitions denoted with (**) are from WAC 173-26. Definitions denoted with (***) are from RCW 90.58. Definitions denoted with (****) are from the existing County SMP (JCC Chapter 18.25) and/or the proposed but not adopted 2000 Draft SMP. Definitions with no asterisk are derived from other sources or represent the best professional judgment of the authors. Authors' notes are highlighted in yellow." The Board agreed with DCD's recommendation to change the language to read "These SMP definitions are derived from multiole sources. Definitions denoted with (*) are from the JCc. Title 18. Definitions denoted with C**) are from WAC 173-26. Definitions denoted with C***) are from RCW 90.58. Definitions denoted with C****) are from the oreviouslv adopted County CMP (JCC Chaoter 18.25) and/or the orooosed but not adooted 2000 Draft SMP. Definitions with no asterisk are derived from other sources or represent the best professional iudgment of the authors." Pal!e 2-1. Section A The Board agreed with DCD's recommendation to add the word "definitions" to this section title for the purpose of consistency. Pal!e 2-1. Section A(1) Abandon The Board discussed this definition and how it applies to the SMP in terms of non-conforming uses. Michelle McConnell stated that the word "Abandon" may not specifically be used in the document, but, staff believes it is an important definition to include, because it is a term that may be used during the permit application and review process. The Board agreed that this definition remain unchanged. Pal!e 2-1. Section A(4) Accessory Structure reads "means any detached structure that is incidental and subordinate to a primary used and located on the same lot as the primary use. Garages, boathouses, barns, storage sheds, gazebos, docks, piers, floats, buoys and other appurtenances are examples of structures that are typically accessory to a different primary use." DCD's recommends changing the language to read "means anv detached structure that is ootional. incidental and subordinate to a orimary use and located on the same lot as the orimary use. Garages. boathouses. barns. storage sheds. workshoos. gazebos. docks. oiers. floats. buovs. beach stairs and other similar structures are examoles that are tvoicallv accessory to a orimary use." Jeffree Stewart suggested changing the words "beach stairs" to "beach access structures." The Board agreed to accept DCD's recommended language with the change suggested by Mr. Stewart. Pal!e 2-2. Section A(12) Adverse imoact reads "means a condition that creates, imposes, aggravates, or leads to inadequate, impractical, unsafe, or unhealthy conditions or reduces ecological functions or values." Page 17 Commissioners Meeting Minutes: Week of September 28, 2009 The Board agreed with DCD's recommendation to add "or effect" to the definition title and to change the language to read "means the result of a condition that creates. imposes. aggravates. or leads to inadeQuate. imoracticaL unsafe. or unhealthy conditions or reduces ecological functions or values." Page 2-3. Section A(19) Allowed use reads "means uses allowed subject to the provisions of this program, including meeting applicable performance and development standards; if a building permit or other development permit (e.g. stormwater permit) is required, the use is subject to the project review and approval process." The Board agreed with DCD's recommendation to change the language to read "means uses allowed subiect to the provisions ohhis program. including meeting: applicable performance and development standards; if a shoreline oermit. building permit or other development permit (e.g. stormwater permit) is reQuired. the use is subiect to the proiect review and approval orocess." Pal!:e 2-3. Section A(23) Anadromous fish reads "means fish species that spend most of their lifecycle in saltwater, but return to freshwater to reproduce." As recommended by the Tribes, the Board agreed to change the word "most" to "part" in order to prevent the exclusion of certain species of fish, Pages 2-3 and 2-4. Section A(27) Anpurtenance. normal reads "means a structure or use that is necessarily connected to the use and enjoyment of a single-family residence and is located landward of the ordinary high water mark. Normal appurtenances include, but are not limited to, walkways, utilities, fences, septic tanks and drainfields, and grading which does not exceed two hundred fifty (250) cubic yards and which does not involve placement offill in any wetland or waterward of the ordinary high water mark." The Board agreed with DCD's recommendation to change the language to read "means a structure or use that is necessarilv connected to the use and eniovment of a sing1e-fami1v residence and is located landward of the ordinarv high water mark. Normal appurtenances include. but are not limited to utilities. septic tanks and drainfie1ds. and grading which does not exceed two hundred fifty (250) cubic vards and which does not involve placement of fill in anv wetland or waterward of the ordinarv high water mark. as well as drivewavs. walkwavs and fences upon which the primarv use is dependent." Page 2-4. Section A(28) Aauaculture reads "means the farming or culture of food fish, shellfish, or other aquatic plants or animals in freshwater or saltwater areas, and may include development such as structures or rafts, as well as use of natural spawning and rearing areas. Aquaculture does not include the harvest of wildstock geoducks on state-owned lands. Wi1dstock geoduck harvest is a fishery." The Board agreed with DCD's recommendation to change the language to read "means the fanning or culture of food fish. shellfish. or other aQuatic plants or animals in freshwater or saltwater. and mav include development such as structures. as well as use of natural spawning and rearing areas. Aquaculture does not include the harvest of wild stock geoducks on state-owned lands. Wildstock geoduck harvest is a fisherv." Page 18 Commissioners Meeting Minutes: Week of September 28,2009 !:.j~' {, '::'1 .-".-,..-.''.;,. ~'h-"~(> Page 2-4. Section A(29) Alluaculture Activity reads "means actions directly pertaining to growing, handling, or harvesting of aquaculture produce, including but not limited to propagation, stocking, feeding, disease treatment, waste disposal, water use, development of habitat and structures. Excluded from this definition are related upland commercial or industrial uses such as wholesale and retail sales, sorting, staging, hatcheries, tank farms, and final processing and freezing." The Board agreed with DCD's recommendation to change the language to read "means actions directlv pertaining to growing, handling. or harvesting of alluaculture produce. Examples include. but are not limited to propagation. tank farms. hatcheries. incubators/nurseries. stocking. feeding. disease treatment. depuration facilities. waste disposal. water use. development of habitat and structures. sorting. wet storage. and staging. Excluded from this defmition are related commercial or industrial uses such as wholesale and retail sales. final processing and freezing." Chairman Sullivan brought up the State Park's request to add a definition for "Artificial Reef" and "Underwater Parks" and asked if that is necessary if DCD would rely on the dictionary or other resource for those definitions. Stacie Hoskins stated that the County would most likely defer to the State Department of Fish and Wildlife for those types of criteria. Chairman Sullivan noted that "underwater parks" are addressed in Article 8, Section 7 (incorrectly noted as 35) Recreation, Subsection C (3) Regulations. The Board agreed that it is not necessary to add the definitions to the SMP. Page 2-5. Section B The Board agreed with DCD's recommendation to add the word "definitions" to this section title for the purpose of consistency. Page 2-6. Section B(9). Bedlands The Board agreed with DCD's recommendation to add the words "Seds of navigable waters or" to the beginning of this definition title. Page 2-7. Section B(22). Buffer or buffer zone. striD. or area reads "mean the area adjacent to a shoreline that separates and protects the area from adverse impacts associated with adjacent land uses and is measured horizontally and perpendicularly from the ordinary high water mark." The Board agreed with DCD's recommendation to change the language to read "means the area adiacent to a shoreline or critical area that separates and protects the area from adverse imDacts associated with adiacent land uses. A buffer is measured horizontallv and perpendicularlv from the ordinary high water mark. and includes the airsDace above." Page 2-8. Section C The Board agreed with DCD's recommendation to add the word "definitions" to this section title for the purpose of consistency. Page 2-8. Section C(2) CanoDv reads ": collective branches and foliage of a tree or group of trees' crowns. Aggregate or collective tree crowns. A canopy can be closed or partially closed as in a forest or woodland stand, or composed of both individual trees and closed canopy groups as in an urban forest canopy." Page 19 Commissioners Meeting Minutes: Week of September 28,2009 "~''''''\ :';< ,\:< f_ -. _~'. '..c ~'H-'-'~:-- The Board agreed with DCD's recommendation to change the language to read "means the collective branches and foliage of a single tree or grOUP of trees. Aggregate or collective tree crowns. A canopv can be closed or partially closed as in a forest or woodland stand. or composed of both individual trees and closed canopv groups as in an urban forest canopy." Pal!:e 2-8. Section C(3) Canopv cover reads ": For an individual tree is the drip line area. For a buffer area comprising multiple trees it is the sum of the drip line areas of each tree less any overlap." The Board agreed with DCD's recommendation to change the language to read "means the drip line area for an individual tree. For a stand of multiple trees it is the sum of the drip line areas of each tree less anv overlap." Pal!:es 2-8 and 2-9. Section C(S) Channel mil!:ration zone reads "means the area along a river or stream within which the channel can reasonably be expected to migrate over time as a result of normally occurring hydrological and related processes when considered with the characteristics of the river and its surroundings." The Board agreed with DCD's recommendation to add the acronym "(CMZ)" to the end of the definition title and to change the language to read "means an area within the lateral extent of likelv stream channel movement that is subiect to risk due to stream bank destabilization. rapid stream incision. stream bank erosion and shifts in the location of stream channels. Channel migration zone includes: a) The Historic Chaannel Migration Zone (which is the footprint of the active channel documented through historical photographs and maps); and b) The Avulsion Hazard Zone (which is an area with the potential for movement of the main river channel into a new location): and c) The Erosion Hazard Area (which is an area outside the Historic Channel Miliration Zone and the Avulsion Hazard Zone. and includes an Erosion Setback tor a 1 OO-vear period of time and a Geotechnical Setback to account for slope retreat to a stable angle of repose tand d) "High Channel Mil!ration Hazard" (or hil!h risk CMZ) for the Big Ouilcene. Little Ouilcene. DosewaIlips. Duckabush. and Lower Hoh Rivers means those non-disconnected portions ofthe channel that are likely to migrate within a SO-vear timeframe: and e) For the Bil! Ouilcene. Little Ouilcene. Dosewallips. and Duckabush Rivers. "Moderate Channel Mi~ation Hazard" (or moderate risk CMZ) means those non-disconnected portions of the channel that are like Iv to migrate within a 50- to 100-vear timeframe: and "Low Channel Migration Hazard" (or low risk CMZ) means those non-disconnected portions of the channel that are likelv to migrate bevond a 100-vear timeframe: and f) For the Lower Hoh River. "Moderatelv High Hazard" (or moderatelv high risk CMZ) means those non-disconnected portions of the channel that are likely to migrate within a 50- to 100-vear timeframe. "Moderate Hazard" means those non- disconnected portions of the channel that are like1v to milirate bevond a 1 OO-vear timeframe. and "Low Hazard" means the non-disconnected portions of the channel that are less 1ike1v to be affected bv channel migration. but is still at risk due to its location of the vallev floor." (end of 'f) "Channel migration zone does not include Disconnected Migration Areas. which are areas that have been disconnected from the river bv legallv existing artificial structure(s) that restrain channel migration (such as levees and transportation facilities built above or constructed to remain intact through the 100-vear flood elevation). that are no lonl!er available for mi~ation bv the river. Channel migration zone mav exclude Page 20 Commissioners Meeting Minutes: Week of September 28, 2009 'fJ""' "" ~ .<'~~ ~; .,.~., .~.., >",~",\ areas that lie behind a lawfullv established flood protection facilitv that is like1v to be maintained bv existing programs for public maintenance consistent with designation and classification criteria specified bv public rule. When a natural geological feature affects channel migration, the channel migration zone width will consider such natural constraints." To be consistent with the denoted asterisks referenced in the first paragraph of Article 2, the Board agreed to replace the two asterisks at the beginning of this definition with one asterisk because this section is no longer referencing language from WAC 173-26, but rather, is referencing language from the Jefferson County Code. All bold lettering for the titles was accepted and DCD was directed by the Board to check the denoted asterisks for all the defmitions to insure accurate reference. Pal!e 2-11. Section D The Board agreed with DCD's recommendation to add the word "definitions" to this section title for the purpose of consistency. Pal!e 2-11. Section D(3) Dee{lwater habitats The Board agreed with DCD's recommendation to add this definition which reads "means environments where surface water is permanent and often deep. so that water. rather than air. is the principal medium in which the dominate organisms live." Pal!e 2-12. Section D(14) Dredl!e material disposal The Board agreed with DCD's recommendation to add this definition which reads "means the depositing of dredged materials on land or into water bodies." Pal!e2-12. Section D(17) Drin line area The Board agreed with DCD's recommendation to delete the ":" (colon) after the word area in the definition title. Pal!e 2-12. Section E The Board agreed with DCD's recommendation to add the word "definitions" to this section title for the purpose of consistency. Pal!e 2-14. Section E(1!) Estuary The Board agred with DCD's recommendation to add this definition which reads "means a semi-enclosed coastal water bodv connected to a larger bodv of saltwater with one or more streams/rivers flowing, into it. Estuaries are typicallv the mouths ofrivers and have brackish water." Pal!e 2-14. Section E(17) Extreme low tide The Board agreed with DCD's recommendation to add the acronym "eEL T)" to the end of the definition title. Pal!e 2-14. Section F The Board agreed with DCD's recommendation to add the word "definitions" to this section title for the purpose of consistency. Pal!e 2-14. Section E(17) Fair market value The Board agreed with DCD's recommendation to add the acronym "(FMV)" to the end of the definition title. Pal!e 2-16. Section F(4) Feeder bluff reads "means any bluff or cliff experiencing periodic erosion from waves, sliding or slumping that, through natural transportation, contributes eroded earth, sand or gravel material via a driftway to an accretion shore form. These natural sources of beach material are limited and vital for the long-term stability of driftways and accretion shoreforms (e.g. spits, bars and hooks)." Page 21 Commissioners Meeting Minutes: Week of September 28,2009 The Board considered a suggestion by the Point No Point Treaty Council to change the language of this definition. Commissioner Johnson stated that the Tribe also expressed concern that there is no definition for "bluff' or "cliff." Michelle McConnell noted that in some cases the dictionary is relied upon for definitions. David Alvarez added that there is case law which states that the definitions in "Merriam- Webster's Third Edition" dictionary are accepted by the State Supreme Court. After discussing various terms and possible definitions, the Board agreed to change the language to read "means anv coastal headland or hill with a broad steep face that experiences erosion from waves. sliding or slumping that. through natural transportation, contributes eroded earth. sand or gravel material via a driftway to an accretion shoreform. These natural sources of beach material are limited and vital for the long-ternl stabilitv of driftways and acrretion shoreforms (e.g. spits, bars and hooks)." Pa~e 2-16. Section F(8) Fire hazard The Board agreed with DCD's recommendation to delete the quotation mark after the word "hazard" in the definition title. Deliberations on the SMP will continue on Thursday, October 1, 2009 at 11 :00 a.m. NOTICE OF ADJOURNMENT: Commissioner Austin moved to adjourn the meeting at 6:00 p.m. until the next regular Monday meeting at 9:00 a.m. or special meeting as properly noticed pursuant to RCW 42.30.080. Commissioner Johnson seconded the motion which carried by a unanimous vote. MEETIN/~~Ij?N~~~ ",..~.....r SEAI/ ,<>,''i,','"'' ../'. 1(;" . ,<' ".J. ',.," . :J, $ . ;. '!;'/ . ')' ,'. -; , '~:.\J' ."""'.',r.,,,~,l,.,,.,.'" ::" I " ':.. 1 .. '~/ ~/ : '! .. -I.. -, ,". n' "'" .,'-'\.., "'-. .....-.,.- , -'.. "'... .. " II. ~4*.... / "". ~ ' " .. ... ~ _l(~;. ~ It' .. .....,.. I t l.~" ATTEST: . I o.~'" C - ,-- UC~ ;L".~ L tyul'- Erin Lundgren, <riep\r; ?J Clerk of the Board JEFFERSON COUNTY BOARD /,fOMMlSSIONERS '{.~ Lf!L~- David Sullivan, Chair (, N A d^- Phil~~~ J"hn~Q& Page 22