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HomeMy WebLinkAboutM092309S District No.1 Commissioner: Phil Johnson District No.2 Commissioner: David W. Snllivan District No, 3 Commissioner: John Austin County Administrator: Philip Morley Clerk of the Board: Lorna Delaney MINUTES Special Meeting - September 23, 2009 The meeting was called to order by Chairman David Sullivan at 9:00 a.m, in the presence of Commissioner Phil Johnson and Commissioner John Austin. Shoreline Master Program (SMP) Deliberations: Department of Community Development (OCD) Director AI Scalf, 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), Department of Ecology representative Jeffree Stewart and consultant Margaret Clancy with E.S.A. Adolfson previously hired by the COWlty to assist with the SMP were also present to observe the Board's deliberationS. Michelle McConnell presented an updated spreadsheet titled SMP Issues "Pick List" which reflects changes the Board has requested during their meetings held on September 2, 14 and 21, 2009. Staffwill 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 the Board gives clear direction to make the changes. The Board continued its review of the Planning Commission's proposed SMP draft with the line-inIline-out changes recommended by staff as follows, ARTICLE2-DE~ONS The Board agreed to add definitions for the following terms: - "Conditional Use Permit" with reference to Article 9 and 10 description and criteria - "Nearshore" - "Public Water" - "Minerals" (as recommended by DCD) The Board agreed with DCD's recommendation to delete the following definitions: - "Mineral extraction" - "Mineral rr.occssing" Pal!:e 2-26; Section M(8) Mininl! Reads "See mineral extraction." DCD recommends changing this definition to r\1ad: Page 1 Commissioners Meeting Minutes: Week of September 23,2009 .:: .....,....::.. . ",'i.': "8. Mining or Mining Operations means, in accordance with RCW 78,44.031, all mine-related activities, exclnsive of reclamation, that include, but are not limited to activities that affect noise generation, air quality, surface and ground water quality, quantity, and :flow, glare, pollution, traffic safety, ground vibrations, and/or significant or substantial impacts commonly regulated under land use provisions. Mining specifically includes: i. Extraction of rock, stone, gravel, sand, earth, and other minerals; ii, Blasting, equipment maintenance, sorting, crushing, and loading; iii. On-site mineral processing including asphalt or concrete batching, concrete recycling, and other aggregate recycling; and iv. Transporting minerals to and from the mine, on site road maintenance, maintenance of roads used extensively for surface mining activities, traffic safety, and traffic contro1." The Board agreed to change the language of section iv. noted above to read "All methods of transporting minerals to and from the mine (including conveyors, piers and barges), on site road maintenance, maintenance of roads used extensively for surface mining activities, traffic safety, and traffic contro1." The proposed definition further reads: "Mining shall not include the following: i. Excavation and grading at building construction sites where such construction is authorized by a valid building permit; or ii. Excavation and grading in public rights-of-way for the purpose of on-site road construction, or in private rights-of-way for the same purpose if authorized by the County; or lii. Excavation and grading for the purpose of developing ponds or manure lagoons for agriculture purposes; or iv. Excavation and grading in connection with and at the site of any creek, river, or :flood-control or storm drainage charmel for the purpose of enlarging hydraulic capacity or changing the location or constructing a new charmel or storm drain where such work has been approved by the County; or v. Excavation and grading where the excavated material will be used on the same property or on property contiguous to and under the same ownership as the excavation." ARTICLE 7 - SHORELINE MODIFICATIONS POLICIES AND REGULATIONS Title 2 (incorrectlv noted as 26) Boatinl!: Facilities: Boat Launches. Docks. Piers. Floats. Lifts. Marina. and Moorinl!: Buoys Pal!:e 7-6 and 7-7. Section B Subsection Hvi) Priority Aauatic Reads "Mooring buoys are allowed subject to policies and regulations of this program," The Board agreed to change the language to read "Mooring buoys are allowed with a conditional administrative use permit, except when adjacent to high intensity it's allowed," Additionally, the use table will be changed to reflect this language, Page 2 Commissioners Meeting Minutes: Week of September 23, 2009 Subsection 4(v) Conservancv/Subsection S(v) Shoreline Residential Both subsections read "Mooring buoys are allowed subject to policies and regulations of this program." The Board agreed to change the language to read "Mooring buoys are allowed with a conditional administrative use permit." The use table will also be changed to reflect this language. Paec 7-18. Section H Subsection 1 The Board agreed to add the words "Commercial and recreational" to the beginning of the sentence so it will read "Commercial and recreational mooring buoys may be permitted provided that they are consistent with the program and that individually or cumulatively: ..." Subsection 2 Reads "The installation and use of mooring buoys in marine waters shall be consistent with all applicable state laws, including State Department ofNaturaI Resources, Health, and Fish and Wildlife standards," The Board agreed to add the following language after the words mooring buoys: "(including commercial and recreational buoys)." Title 4 (incorrectiv noted as 28) Filling and Excavation Paee 7-26 and 7-27. Section C Subsection 2 (ii) Reads "Placed landward of the OHWM except for weirs and current deflectors whose primary purpose is to protect public bridges and roads: and ..." The Board agreed with DCD's recommendation to change this section to read "Placed landward of the OHWM except for weirs, current deflectors and similar structures whose primary purpose is to protect public bridges and roads; and ..." Subsection 3 Reads "When permitted, dikes and levees shall be limited to that height required to protect adjacent lands from the predictable armual flood unless it can be demonstrated through hydraulic modeling that a larger height will not adversely impact shoreline ecological functions and processes." The Board agreed with DCD's recommendation to change this section to read "When permitted, dikes and levees shall be limited to that height required to protect adjacent lands from the predictable armual flood unless it can be demonstrated through hydraulic modeling that a greater height is needed and will not adversely impact shoreline ecological functions and processes," Subsection 4 Reads "Flood control works are prohibited on estuarine shores, on point and channel bars, and in salmon and trout spawning areas, except for the purpose of fish or wildlife habitat enhancement or restoration." The Board agreed with DCD's recommendation to change this section to read "Flood control works are prohibited on estuary or embayment shores, on point and charmel bars, and in salmon and trout spawning areas, except for the purpose of fish or wildlife habitat enhancement or restoration." Title 7 (incorrectIv noted as 31) Structural Shoreline Armorine and Shoreline Stabilization Pal!:e 7-31. Section A Subsection 1 The Board agreed with DCD's recommendation to replace the word "unaltered" with the word "unarmored," Page 3 Commissioners Meeting Minutes: Week of September 23, 2009 ~~\,. . ~.. ~ ~. '" . Page 7-32. Section B Subsection 4 Based on a recommendation by Public Works staff the Board agreed to add following language to the last sentence of this section so it will read "New structural shoreline arrnoring is prohibited, except to protect existing public transportation infrastructure and essential public facilities, in which case it may be allowed as a conditional use." ARTICLE 8 - USE-SPEClFIC POLICIES AND REGULATIONS Pal!:e 8-1. Title 1 Ae:riculture The Board agreed with DCD's recommendation to move the following language to Section A(I) "Agriculture is important to the long term economic viability of Jefferson County. Consistent with WAC 173-26-241 (3)(a)(ii), this program should not modi:tY or limit ongoing agriculture activities occurring on agriculture lands." Page 8-2. Section C (incorrectlv noted as E) Ree:uIations Subsection 1 Reads "In accordance with RCW 90.58.065, this program shall not restrict agriculture on existing agricultural land." DCD's recommendation is to delete the word "existing" from its current placement and add the word "existing" between the words "restrict" and "agriculture." Consultant Margaret Clancy stated that the word "existing" should be in both places to be consistent with the wording from the governing RCW, The Board agreed to leave the word "existing" in the sentence as it currently reads and to add another word "existing" between the words "restrict" and "agriculture" to be consistent with State law, Subsection 2(iiil The Board agreed to delete the language "as specified in Article 6 section 1" from the end of the last sentence, P3l!:es 8-3 throul!h 8-9. Title 2 (incorrectly noted as 33) Aquaculture The Board agreed with DCD's recommendation to move the following language to Section A(l) "Aquaculture is a preferred, water dependent use of regional and statewide interest that is important to the long-term. economic viability, cultural heritage and environmental health of Jefferson County," Section A Subsection 1 (See above for added language,) Subsection 2 The Board agreed with DCD's recommendation to delete the first sentence of this section which reads "The County should support aquaculture use and development on tidelands when they are consistent with this program," Additionally, the Board agreed to add the following language to end of the sentence in subsection 2(iv) "such as those resulting from in-water structures/apparatus/equipment, land- based facilities and substrate disturbance/modification (including rate, frequency and spatial extent)," Subsection 4 The first sentence in this section reads "Aquaculture use and development should locate in areas where biophysical conditions, such as tidal currents, water temperature and depth, will minimize Page 4 Commissioners Meeting Minutes: Week of September 23, 2009 @) o .. "", ~ - ~..;" , .' environmental impacts." The Board agreed with DCD's recommendation to add the word "adverse" between the words "minimize" and "environmental". Subsection 5 The Board discussed the possibility of adding this proposed new section, but decided the following language will be added to section 2(iv): "Aquaculture uses and developments that have minimal adverse environmental and visual impacts should be preferred over aquaculture that has more extensive impacts, in the following order: i. Projects that require minimal in-water structures/apparatus/equipment should be preferred over projects that involve substantial in-water structures/apparatus/equipment; and ii) Projects that require few land-based facilities should be preferred over those which require extensive land facilities; and iii. Projects that involve minima' substrate disturbance or modification should be preferred over those which involve extensive substrate disturbance or modification." Subsection 5 (previously 6) Reads "Tidelands and bedlands that were acquired and retained under the Bush and Callow Acts should be protected by not permitting non-aquaculture use and development on these tidelands." The Board agreed with DCD's recommendation to change this section to read "The County should support tideland aquaculture use and development when consistent with this program and protect tidelands and bedlands that were acquired and retained under the Bush and Callow Acts by not permitting non-aquaculture use and development on these tidelands." Subsection 8 (previouslY 9) Reads "Experimental forms of aquaculture involving the use of new species, new growing methods or new harvesting techniques should be allowed when they are consistent with applicable state and federal regulations and this program." The Board agreed to add "genetically modified organisms," before the words "new species" in this section, Subsection 11 (~reviousIY 12) Reads "Chemicals, fertilizers, and genetically modified organisms should not be used in aquaculture operations in Jefferson County." The Board agreed to change the language to read "Chemicals and fertilizers in aquaculture operation should be used in accordance with state and federal laws and this program." Subsection 12 (l;lreviously 13) nCD's recommends adding this section which reads "Net pens, as defined in Article 2, and fmfish aquaculture that uses or releases herbicides, pesticides, antibiotics, fertilizers, pharmaceuticals, non-indigenous species, parasites, genetically modified organisms, feed or other materials know to be harmful into surrounding waters are prohibited." The Board agreed to change the language recommended by DCD to read "Net pens, as described in Article 2, should not be allowed." The Board also agreed to add a new subsection 14 (now 13) which will read "Finfish aquaculture that uses or releases herbicides, pesticides, fertilizers, antibiotics, pharmaceuticals, non-indigenous species, parasites, genetically modified organisms or feed into surrounding waters should not be allowed." Section B DCn recommends adding a new Section B which reads "Uses and Activities Prohibited Outrighf' and a new subsection I which reads "Net pens, as defined in Article 2, and finfish aquaculture that use or release herbicides, pesticides, antibiotics, fertilizers, non-indigenous species, parasites, pharmaceuticals, genctically modified organisms, feed or other materials known to be harmful into surrounding waters are prohibited," The Board agreed to make changes to the proposed language in subsection I and also to add subsection 2. They will read as follows: Subsection 1 "Net pens are prohibited.", and Subsection 2 "Finfish Page 5 Commissioners Meeting Minutes: Week of September 23,2009 e. , :"/ ..... ~, aquaculture that uses or releases herbicides, pesticides, fertilizers, antibiotics, pharmaceuticals, non- indigenous species, parasites, genetically modified organisms or feed into surrounding waters is prohibited." Section C (previously B) Subsection 1 Reads "Priority Aquatic: Bottom and floating/handing aquaculture, molluscan shellfish nurseries, and molluscan shellfish hatcheries may be allowed subject to the use and development regulatious of the adjacent upland shoreline environment, Net pen aquaculture is prohibited," DCD recommends deleting the words "molluscan shellfish nurseries, and molluscan shellfish hatcheries" from the first sentence and deleting the last sentence in its entirety. The Board agreed to change the language to read "Priority Aquatic: Aquaculture activities may be allowed subject to the use and development regulatious of the adjacent upland shoreline environment." Subsection 2 Reads "Aquatic: Bottom and floating/hanging aquaculture, molluscan shellfish nurseries, and molluscan shellfish hatcheries may be allowed subject to the use and development regulations of the adjacent upland shoreline environment. Net pen aquaculture may be allowed with a conditional use permit subject to the use and development regulations of the adjacent upland shoreline environment." DCD recommends deleting the words "molluscan shellfish nurseries, and molluscan shellfish hatcheries from the first sentence and deleting the last sentence in its entirety. The Board agreed to change the language to read "Aquatic: Aquaculture activities may be allowed subject to the use and development regulations of the adjacent upland shoreline environment." Subsection 3 Reads "Natural: Bottom and floating/hanging aquaculture and molluscan shellfish nurseries may be allowed subject to policies and regulations of this program, Fish incubators and nurseries may be allowed with a conditional use permit and subject to the policies and regulations of this program. Net pen aquaculture is prohibited." DCD recommends changing the language to read ''Natural: Bottom aquaculture, except for geoduck aquaculture, and floating/hanging aquaculture may be allowed subject to policies and regulations of this program. Geoduck aquaculture may be allowed with a conditional use pennit." The Board agreed to change the language to read ''Natural: Aquaculture activities, except geoduck aquaculture, may be allowed subject to the policies and regulations of this program. Geoduck aquaculture may be allowed with a conditional use permit (C(d))," Subsection 4 Reads "Conservancy: Bottom and floating/hanging aquaculture, molluscan shellfish nurseries, and molluscan shellfish hatcheries may be allowed subject to policies and regulations of this program. Net pen aquaculture may be allowed with a conditional use permit subject to the use and development regulations of the adjacent upland shoreline environment, Fish hatcheries, incubators and nurseries may be allowed with a conditional use permit subject to the policies and regulations of this program," DCD recommends changing the language to read "Conservancy: Bottom aquaculture, except for geoduck aquaculture, and floating/hanging aquaculture may be allowed subject to policies and regulations of this program' Geoduck aquaculture may be allowed with a conditional use permit." The Board agreed to change the language to read "Conservancy: Aquaculture activities, except geoduck aquaculture, may be allowed subject to the policies and regulation of this program. Geoduck aquaculture may be allowed with a conditional use permit (C(d))." Page 6 Commissioners Meeting Minutes: Week of September 23, 2009 Subsection 5 Reads "Shoreline Residential: Bottom and floatinglhanging aquaculture, molluscan shellfish nurseries, and molluscan shellfish hatcheries may be allowed subject to a conditional use permit. Net pen aquaculture may be allowed with a conditional use permit subject to the use and development regulations of the adjacent upland shoreline environment. Fish hatcheries, incubators and nurseries may be allowed with a conditional use permit subject to the policies and regulations of this program." DCD recommends changing the language to read "Shoreline Residential: Bottom and floating/hanging aquaculture may be allowed subject to a conditional use permit and the policies and regulations of this program." The Board agreed to change the language to read "Shoreline Residential: Aquaculture activities, except geoduck aquaculture, may be allowed subject to the policies and regulations of this program. Geoduck aquaculture may be allowed with a conditional use permit (C(d))," Subsection 6 Reads "High Intensity: Bottom and floating !hanging aquaculture, molluscan shellfish nurseries, and molluscan shellfish hatcheries may be allowed subject to policies and regulations of this program, Net pen aquaculture may be allowed with a conditional use permit subject to the use and development regulations of the adjacent upland shoreline environment, Fish hatcheries, incubators and nurseries may be allowed with a conditional use permit subject to the policies and regulations of this program." DCD recommends changing the language to read "High Intensity: Bottom and floatinglhanging aquaculture may be allowed subject to policies and regulations of this program." The Board agreed to change the language to read "High Intensity: Aquaculture activities may be allowed subject to policies and regulations of this program." Section D (\lreviously q Subsection 1 The Board agreed with DCD's recommendation to delete this section which reads "Net pens, as defined in Article 2, and finfish aquaculture facilities that do not have the means to prevent the release of herbicides, pesticides, antibiotics, fertilizers, non-indigenous species, parasites, pharmaceuticals, genetically modified organisms or other materials known to be harmful are prohibited. A conditional use permit is required for all other net pen facilities." Subsection 4 DCD recommends adding this section which reads "Aquaculture use and development to be located landward of ordinary high water shall also comply with the Article 8.3 Commercial and Article 8.5 IndustriaI/Port provisions of this program, as well as other applicable requirements," After discussing whether or not this section is essential, the Board agreed to delete it. Subsection 4(ii) (oreviously 5(ll)) Reads "They involve the use of floating ropes, markers, barges, floats, or similar apparatus on a regular basis or in a rnarmer that substantially obstructs public access, or passage from public facilities such as parks or boat ramps; or they exclude the public from more than one acre of surface water on an ongoing or permanent basis." The Board agreed to change the word "or" to the word "and" between the words ",.. regular basis" and "in a marmer ..." Subsection 5 (ore,'iouslv 6) The Board agreed to change the first reference to "8.2.CA" in this section to reference "8.2.D.3," Subsection 5(jj) (oreviouslv 6(ii)) The first two sentences read "The County shall consider if proposed aquaculture facilities/farms are located to prevent negative effects on ecological functions and processes and Page 7 Commissioners Meeting Minutes: Week of September 23, 2009 ~."" ~' , adjoining land uses, Specifically, net pen facilities shall not be located in migratory corridors or near the mouth of salmon bearing streams." The Board agreed with DCD's recommendation to change these two sentences to read "The County shall consider the location of proposed aquaculture facilities/farms to prevent adverse cumulative effects on ecological functions and processes and adjoining land uses." Subsection 5(xii) (ureviousIv 6(xii) The Board agreed to delete this section which reads "Structures, apparatus and equipment for aquaculture use and development shall be maintained in sound condition. Abandoned or unsafe structures, apparatus and equipment shall be removed by the owner/applicant/proponent in a timely manner." Subsection 6 (nreviously 7) Reads "Prior to issuing a permit for any proposed bottom culture or floating/hanging culture use or development, the County may require, but is not limited to, the following information:" DCD staff recommends adding language so it reads "Prior to issning a permit for any proposed bottom culture or floating/hanging culture use or development, the County may require copies of permits and/or studies required by state and federal agencies to ensure provisions of this program are met, including, but not limited to, the following information:" The Board agreed to accept DCD's proposed language and to change the words "copies of permits" to read ''permit applications." Subsection 6(Y) (nreviously 7) (incorrectly noted as vi) The Board agreed with DCD's recommendation to add this section which reads "Potential impacts to ,mime Is, plants, and water quality due to the discharge of waste water from any upland development." Subsection 6(vi) (\>reviouslY 7) (incorrectly noted as vii) The Board agreed with DCD's recommendation to add this section which reads "Proof of application for an aquatic lands lease from the Washington State Department of Natural Resources (DNR) or proof of lease or ownership ifbed1ands are privately held," Subsection 6(vii) (\>reviously 7) (incorrectly noted as vfu') The Board agreed with DCD's recommendation to add this section which reads "Department of Health (DOH) Shellfish Certification Number," Subsection 6(viii) (nreviouslv 7) (incorrectly noted as ix) The Board agreed with DCD's recommendation to add this section which reads "Department of Fish and Wildlife (DFW) commercial aquatic farm or non- commercial, personal consumption designation." Subsection 6(ix) (nreviousIy 7) (incorrectly noted as x) The Board agreed with DCD's recommendation to add this section which reads "Proof of application for any permits required by the U ,S. Army Corps of Engineers, Department of Health, or other agency." Pal!e 8-12. Title 3 (incorrectl~ noted as 34) Commercial Section F (incorrectly noted as J). Subsection 5 The Board agreed with DCD's recommendation to add this section which reads "Existing non-water dependent and non-water related commercial use or development on shorelines that conform to this program may be permitted to expand landward, but not waterward of existing structures provided the expansion otherwise conforms to this program." PageS Commissioners Meeting Minutes: Week of September 23,2009 ~ Pal!:e 8-12. Title 4 Forest Practices Section B (incorrectlv noted as K1. Subsection 1 The Board agreed with DCD's recommendation to add this new section which reads "Uses and Activities Prohibited Outright"and "1. Forest practices below ordinary high water mark on all shorelines are prohibited." Pal!es 8-14 throul!h 8-19. Title 5 Industrial and Port DeveloDment Section B Subsection 4 The first sentence of this section reads "Conservancy: Low intensity water-dependent and water-related industrial/port use and development may be allowed as a conditional use, subject to policies and regulations of this program." The Board agreed to add the word "Only" before the word "Low" at the beginning of this section, Subsection 5 The first sentence of this section reads "Shoreline Residential: Water-dependent and water- related industrial/port use and development may be allowed subject to policies and regulations of this program." The Board agreed to add the words "Only low intensity" before the word "Water-clependent" at the beginning of this section. Section C (incorrectly noted as N) Subsection 1 Reads "Where industrial and port use/development is allowed, it shall be located, designed, and constructed in a manner that minimizes adverse impacts on the shoreline and shall include mitigation to ensure no net loss of shoreline ecological functions and processes." The Board agreed with DCD's recommendation to change this section to read "Where industrial and port use/development is allowed, it shall be located, designed, and constructed in a manner that minimizes adverse impacts to shoreline resources and shall include mitigation to ensure no net loss of shoreline ecological functions and processes." Subsection 3 Reads "The County may require an acoustical study and mitigation as needed to address potential noise impacts." The Board agreed with DCD's recommendation to change this section to read "Industrial noise caused by volume, frequency, or rhythm shall be muffled or otherwise controlled, Tsunami, air raid and other public safety warning sirens are exempt from this requirement. No vibration shall be permitted that is discernable without instruments on any adjoining non-industrial/port property. The County may require an acoustical study, vibration assessment, and mitigation as needed to address potential noise or vibration impacts," Subsection 4 Reads "Industrial and port facilities shall minimize direct or reflected glare visible from adjacent properties, streets, or water areas." DCD recommends the language be changed to read "Industrial and port facilties shall minimize direct or reflected glare and noxious odors discernible without instruments from adjacent properties, streets, or water areas. The Board agreed to change this section to read "Industrial and port facilities shall comply with Olympic Region Clean Air Agency (ORCAA) standards." Subsection 5 Reads "Docks, piers, pilings and launching facilities may be permitted accessory to industrial and port development, provided that they serve a water-dependent or water-related use, and comply with Page 9 Commissioners Meeting Minutes: Week of September 23, 2009 e' . \.~ ~ Article 7 section I (Boating Facilities) of this program." The Board agreed with DCD's recommendation to change this section to read "Docks, piers, pilings and launching facilities accessory to industrial and port development may be permitted, provided that they serve a water-dependent or water-related use, and comply with Article 7 section 1 (Boating Facilities) or this program." Section E (incorrectly noted as P) Subsection 2 Reads "When permitted pursuant to 8,5.E.l, non-water-oriented uses shall provide public access and/or restore shoreline ecological functions as follows: i. The County shall determine the type and extent of public access and restoration on a case-by-case basis according to the opportunities and constraints provided by the site." The Board agreed with DCD's recommendation to change this section to read "When permitted pursuant to 8.5 .E.I, non-water-oriented uses shall provide public access and/or restore shoreline ecological functions. The County shall determine the type and extent of public access and restoration on a case-by-case basis according to the opportunities and constraints provided by the site." Subsection 5 Reads "Existing non-water-dependent and non-water-related industrial/port development on shorelines may be permitted to expand landward of existing structures. Waterward expansion of existing non-water-dependent and non-water-related industrial and port development must comply fully with section 8.5,E." The Board agreed with DCD's recommendation to change this section to read "Existing non-water- dependent and non-water-related industrial/port development on shorelines that conforms to this program may be permitted to expand landward, but not waterward of existing structures provided the expansion provided the expansion otherwise conforms to this program." Section F (incorrectly noted as 0) Subsection l(ivl Reads "The storage does not create a significant impediment to navigation or substantially interfere with other water dependent uses; and". The Board agreed with DCD's recommendation to change this section to read "The storage does not create a impediment to navigation or interfere with other water dependent uses; and ..." Section G (incorrectly noted as R) Subsection 2 Reads "Cleaning, surfacing or resurfacing operations occurring over water that may result in the entry of debris into water shall employ tarps temporarily affixed to the hull above the water line. Prior to removing the tarps, the accumulated contents shall be removed and properly disposed of." The Board agreed with DCD's recommendation to add the words "fully intact" before the word "tarps". Pal!es 8-19 throll"b 8-22. Title 6 (incorrectly noted as 34) Mineral Extraction and Processinl! The Board agreed with DCD's recommendation to change the title of this section from "Mineral Extraction and Processing" to "Mining," Section A Subsection 1 The Board agreed with DCD's recommendation to add this new section which reads "Mining, as defined in Article 2, should be located and conducted so as to provide long-term protection of water quality, fish and wildlife species and habitat, to cause the least amount of disruption to the natural shoreline Page 10 Commissioners Meeting Minutes: Week of September 23,2009 . . , ""'~ ~ .. ",'\<i! character, resources and ecology, and to avoid net loss of ecological functions in accordance with this program and other applicable laws." Subsection 2 The Board agreed with DCD's recommendation to add this new section which reads "Mining should not be located and conducted where unavoidable adverse impacts to other uses or resources equal or outweigh the benefits from mining," Subsection 3 (DreviousIv 1) Reads "Mineral extraction and processing should not interfere with public access or recreation on the shoreline." The Board agreed with DCD's recommendation to change the words "Mineral extraction and processing" to "Mining." Subsection 4 (\Jreviouslv 2) The Board agreed with DCD's recommendation to delete this entire section which reads "Mineral extraction and processing should be located and operated so as to provide long-term protection of water quality, fish and wildlife species, and fish and wildlife habitat." Subsection 5 (previously 3. now 4) Reads "Mineral extraction and processing should only be permitted when the proponent provides appropriate studies and detailed operation plans demonstrating that:" The Board agreed with DCD's recommendation to change the language to read "Mining should only be permitted when the proponent provides appropriate studies and detailed operation plans demonstrating all of the following:,.." Subsection 5(iii) (DreviousIv 3. now 4(fu,)) Reads "The operation will provide all feasible measures to protect aquatic resources and anadromous fisheries from pollution related to mineral extraction and processing including, but not limited to: Sedimentation and siltation; chemical use and spillage, and storage of, disposal of wastes and spoils." The Board agreed with DCD's recommendation to change the language to read "The operation will provide all feasible measures to protect aquatic resources and anadromous fisheries from pollution related to mining including, but not limited to, sedimentation and siltation; chemical and petrochemical use and spil1age, and storage or disposal of wastes and spoils." Subsection 6 (Dreviouslv 4. now S) The Board agreed with DCD's recommendation to change the words "Mineral extraction and processing" to "Mining." Subsection 7 (ureviousIv 5. now 6) The Board agreed with DCD's recommendation to change the words "Mineral extraction and processing" to "Mining." Subsection 8 (previouslv 6. now 71 Reads "Prior to approving mineral extraction and processing activities in shoreline jurisdiction, the applicant/proponent must show that mineral extraction and processing use/development is dependent on a shoreline location, and that demand carmot reasonably be accommodated in operations outside shoreline jurisdiction," DCD recommends the language be changed to read "Mining activities that reqnire a location in shoreline jurisdiction should be preferred over those that can reasonably be accommodated outside shoreline jurisdiction." The Board agreed to delete this entire section, Section B. Subsection 1 and 2 DCD recommends adding this new section and subsections which read as follows: "Uses and Activities Prohibited Outright." and "1. The extraction of quarry rock, sand, gravel, cobbles or other minerals from any marine or freshwater lake shoreline for any commercial or industrial Page 11 Commissioners Meeting Minutes: Week of September 23, 2009 e o . , ~.~'- pmpose is prohibited." and "2. All mining use and development waterward of the ordinary high water mark on any stream/river shoreline is prohibited." The Board agreed to change subsection 1 to read "Commercial and industrial extraction and processing of quarry rock, sand, gravel, cobbles or other minerals along any marine or freshwater lake shoreline, or waterward of the ordinary high water mark on any stream/river shoreline are prohibited," The Board also agreed to delete subsection 2, Section C (previouslv B) Subsection 1 Reads "Priority Aquatic: Mineral extraction and processing use and development are prohibited," The Board agreed with DCD's recommendation to change the words "Mineral extraction and processing" to "Mining." Subsection 2 Reads "Aquatic: Mineral extraction and processing use and development may be allowed as a conditional use subject to the policies and regulations of this master program, subject to the use and development regulations of the abutting upland shoreline environment designation." DCD recommends the language be changed to read "Aquatic: Mining use and development, except extraction, along marine and lake shores may be allowed as a conditional use subject to the policies and regulations of this master program, subject to the use and development regulations of the abutting upland shoreline environment designation." The Board agreed to change the language to read "Aquatic: Mining use and development are prohibited." Subsection 3 Reads "Natural: Mineral extraction and processing use and development are prohibited," The Board agreed with DCD recommendation to change the words "Mineral extraction and processing" to "Mining." The Board also agreed to add language to the end of the section which reads "... except for transportation of minerals by road," Subsection 4 Reads "Conservancy: Mineral extraction and processing use and development may be allowed as a conditional use subject to the policies and regulations of this master program." DCD recommends changing the words "Mineral extraction and processing" to "Mining." The Board agreed with DCD's recommended language change and also agreed to add language to the end of the section which reads ".., except for transportation of minerals by road." Subsection 5 Reads "Shoreline Residential: Mineral extraction and processing use and development are prohibited." DCD recommends changing the words "Mineral extraction and processing" to "Mining." The Board agreed with DCD's recommended language change and also agreed to add language to the end of the section which reads "... except for transportation of minerals by road," Subsection 6 Reads "High Intensity: Mineral extraction and processing use and development may be allowed as a conditional use." The Board agreed with DCD's recommendation to change the words "Mineral extraction and processing" to "Mining_" Section D (Dreviouslv C) Subsection 1 The Board agreed with DCD's recommendation to delete this section which reads "The extraction of quarry rock, sand, gravel, and/or cobbles from any marine or freshwater lake shoreline for any commercial or industrial pmpose is prohibited." Page 12 Commissioners Meeting Minutes: Week of September 23, 2009 Subsection 2 The Board agreed with DCD's recommendation to delete this section which reads "Mineral extraction and processing within an active charmeI or waterward of the ordinary high water mark of a river are prohibited," Subsection 1 (previously 3) Reads "All mineral extraction activities shall be conducted to ensure compliance with the Washington State Surface Mining Act (RCW 78.44), with JCC Chapter 18,20.240 and with the no net loss provisions of this program.." The Board agreed with DCD's recommendation to change the words "mineral extraction" to "mining" and to add references to JCC Chapters "18.30.70 and 18.40.73" after the reference to "18.20,240." Subsection 2 (nreviouslv 4) The first sentence of this section reads "The regulations contained in this section shall apply to the extraction, primary processing and transport ofnatura11y occurring materials." The Board agreed with DCD's recommendation to change this sentence to read "As defined in Article 2, the regulations contained in this section shall apply to all mining operations, including the extraction, primary processing and transport of naturally occurring materials." Subsection 3 (New) DCD recommends this new section be added which reads "Prior to approving mining activities in shoreline jurisdiction, the applicant/proponent shall demonstrate that the mining use/development is dependent on a shoreline location, and that demand carmot reasonably be accommodated in operations outside shoreline jurisdiction." The Board agreed to delete this section, Subsection 4 ("Qreviouslv 5. now 3) Reads "No material or equipment shall be placed in water bodies, critical areas, or floodways and shall be stored so as to prevent erosion or seepage to surface and ground waters." The Board agreed with DCD's recommendation to add the words "(such as mining overburden, debris and tailings) after the words "No material." Subsection 5 (nreviouslv 6. now 4) The first sentence of this section reads "To minimi7.e noise and other adverse impacts, a buffer of at least one hundred (100) feet wide shall be maintained between any mining site, including accessory facilities, and adjacent properties not used for mining operations." The Board agreed with DCD's recommendation to add the words ", dust, vibration, glare" after the words "To minimi7.e noise." Subsection 6 ("Qreviously 7. now 5) The last sentence of this section reads "Approved reclamation prograrns shall be initiated within sixty (60) days following the completion of the mineral extraction operations." The Board agreed with DCD's recommendation to add language to the end of the sentence which reads ",.. in consultation with Washington Department ofNatunal Resources," Pae:e8 8-25 throu~ 8-29. Title 8 Residential Section A Subsection 3 The Board agreed with DCD's recommendation to add this new section which reads "All residential use and development should be properly managed to avoid damage to the shoreline environment and prevent cnmulative impacts associated with shoreline arrnoring, overwater structures, stormwater runoff, septic system, introduction of pollutants, and vegetation clearing." pagel3 Commissioners Meeting Minutes: Week of September 23, 2009 Subsection 4 The Board agreed with DCD's recommendation to add this new section which reads ''New residential development should be limited to densities that are consistent with the Jefferson County Comprehensive Plan goals and policies, zoning restrictions, and this program. The density per acre of development should be appropriate to local natural and cultural features," Subsection 5 ("reviously 3) Reads "Clustering of dwelling units and accessory structure should be implemented to preserve natural features, minimize physical impacts and reduce utility and road construction and maintenance costs." The Board agreed with DCD' s recommendation to change the language to read "Low impact development practices and clustering of dwelling units and accessory structures should be implemented as appropriate to preserve natural features, rn;n;m;7.e physical impacts and reduce utility and road construction and maintenance costs." Subsection 6 (nreviouslv 4) Reads ''New residential development should be plarmed and built in a marmer that avoids the need for structural shore arrnoring and flood hazard reduction. The Board agreed with DCD's recommendation to add language to the end of the section which reads "in accordance with Article 7 section 5 (Flood Control Structures) and section 7 (Shoreline Stabilization) of this program and other applicable plans and laws." Section B The Board agreed with DCD's recommendation to add this new section which reads "B. Uses and Activities Prohibited Outright." The Board also agreed to add the proposed new subsections 1 through 4 which read as follows: "1. In-water, overwater or floating residences or accessory dwelling units, including structures located in or on marshes, bogs, swamps, lagoons, tidelands, ecologically sensitive areas or open water areas, are prohibited. 2. Residential development that can be reasonably expected to require structural shore arrnoring during the useful life of the structure or within one hundred (100) years, whichever is greater, is prohibited. 3. Residential development within a charmel migration zone or floodway that can be reasonably expected to require structural flood protection during the useful life of the structure or within one hundred (100) years, whichever is greater, is prohibited. 4. Land division and boundary line adjustments in shoreline jurisdiction are prohibited when such actions will result in lot configurations that are likely to require: a. Significant vegetation removal; b. Structural shore arrnoring; c, Shoreline modification for erosion control; d. Flood hazard protection; e. or result in a net loss of shoreline ecological functions and processes at the time of development of the subdivision and/or during the useful life of the development or within one hundred (100) years, whichever is greater." Section C (nreviouslv B) Subsection 3 Reads ''Natural: Residential development consisting of one (1) single-family residence per existing legal lot of record may be allowed as a conditional use." The Board agreed with DCD's recommendation to add language to the end of this section which reads "Accessory dwelling units shall be prohibited." Section D ("reviousIv C) Subsection 2 The Board agreed with DCD's recommendation to delete this section which reads "The following types of residential development shall be prohibited: i. Residential structures located on marshes, bogs, swamps, lagoons, tidelands, ecologically sensitive areas or water areas subject to this master program; Page 14 Commissioners Meeting Minutes: Week of September 23,2009 ii. Residential structures located upon geologically hazardous areas or floodways; iii. Overwater or floating residential developments." Subsection 3 The Board agreed with DCD's recommendation to delete this section which reads "The following types of land division shall be prohibited in shoreline jurisdiction: i. When structural shore armoring or flood hazard reduction would be req,uired to create buildable land; or ii. When it is reasonably forseeable that future development would require structural shoreline armoring or flood control during the useful life of the development or one hundred (100) years, whichever is greater." Subsection 4 (now 2) Reads "The buffer requirements in Article 6 of this program apply to residences, except that docks, floats, and pedestrian beach access structures and other water-dependent and water- related structures accessory to residential use may be permitted to encroach into the buffer in accordance with the applicable provisions of this program." The Board agreed with DCD's recommendation to add language after the words "..,apply to residences," which reads "normal appurtences, and accessory dwelling units." Subsection 5 The Board agreed with DCD's recommendation to delete this entire section which reads "Subdivision of property shall not be allowed in a configuration that will require significant vegetation removal or shoreline modification, or result in a net loss of shoreline ecological functions and processes at the time of development of the subdivision and/or use of each new parcel." Subsection 4 (new) DCD recommends adding this new section which reads "Proposals for multi-story residential development greater than thirty-five (35) feet above average greade must include an analysis of how the structure would impact the views of surrounding residents. If the proposed residence would block or significantly compromise the view of a substantial number of residences on adjoining areas, the County shall limit the height to thirty-five (35) feet, or require design revisions or relocation to prevent the loss of views to neighboring properties," The Board agreed to add the language recommended by DCD with the following change: The words "When zoning regulations allow" will be added to before the word "Proposals" at the beginning of this section. Subsection 5 (new) The Board agreed with DCD's recommendation to add this new section which reads "New multi-unit residential development, including subdivision ofland into more than four (4) parcels, shall provide public open space equal to at least thirty percent (30%) of the total subdivision area for use by development residents and the public. The County may alter the threshold or waive this requirement if public access is infeasible due to incompatibility uses, safety, impacts to shoreline ecology or legal limitations, The County may require alternatives to on-site physical access if on-site physical access is infeasible for the reasons noted." Subsection 6 Reads "New or expanded subdivisions and plarmed unit developments comprised of four (4) or more lots or nnits shall provide public access to publicly owned shorelines or public water bodies unless:..," The Board agreed with DCD's recommendation to add language before the word "New" at the beginning of this section which reads "As per Article 6 of this program," Page 15 Commissioners Meeting Minutes: Week of September 23, 2009 Subsection 8 The Board agreed with DCD's recommendation to add this new section which reads "When required for multi-lot/multi-unit residential development, public access/open space shall equal at least thirty percent (30%) of the subdivision area. The County may require a lesser amount or may waive this requirement if public access is infeasible due to incompatible uses, risks to health or safety, impacts to shoreline ecology or legal1irnitations. In such cases, the County may require alternatives to on-site physical access is infeasible for the reasons noted." Section E Subsection 1 Reads "Accessory dwelling units may be permitted when the primary residential use is allowed pursuant to, and only when, other provisions of this program are met. In-water or overwater residences/dwelling units shall be prohibited." The Board agreed with DCD's recommendation to delete the last sentence which reads "In-water or overwater residences/dwelling units shall be prohibited." Subsection 3 The Board agreed with DCD's recommendation to add this new section which reads "A single water-dependent boathouse, as defined in Article 2, accessory to single family residential development may be allowed with a conditioual use permit and in accordance with Article 6 section l.E.4.iii and other provisions of this program." Paees 8-29 throu!!h 8-31. Title 9 Silms Section A Subsection 6 The Board agreed with DCD's recommendation to delete the space between the words "view points" so that it reads as a single word "viewpoints." Pages 8-31 throul!h 8-35. Title 10 (incorrectlv noted as 36) Trans"(lOrtation Section A Subsection 11 Reads "Public transportation facilities should employ pervious materials and other appropriate low impact development techniques where soils and geologic conditions are suitable and where such measure couId measurably reduce storrnwater runoff." The Board agreed to delete the words "Public transportation" from the beginning of this section. Section B The Board agreed with DCD's recommendation to add this new section which reads "B. Uses and Activities Prohibited Outright." The Board also agreed to add the proposed new subsections 1 and 2 which read as follows: "1, Parking as a primary use shall be prohibited within shoreline jurisdiction, 2, Parking is prohibited on structures located in- or over-water," The Board will continue SMP deliberations on Monday, September 28, 2009 at 10:40 a.m. Page 16 Commissioners Meeting Minutes: Week of September 23, 2009 NOTICE OF ADJOURNMENT: Commissioner Johnson moved to adjourn the meeting at 6:03 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 Austin seconded the motion which carried by a unanimous vote. MEETING ADJDURNED -- --~-- /-:;~ r t.. .'~ ;~~~-__ V_""_' SEAL: ."v/,' j"--' . ...... ~ - . '. ._....., <lI '/1: \~ ....'" -t:-I: '--- ~'- '-, ~ ','iJ:. \ ~/-~- '''-' ;...'\' ---;,. r,>:;.::~ "..i-. ..0.\\ ''''1'' , ,,;1ffi~'r.' "6> . ..' .\' "..c.c.c.':-"....._.".".....,."~'.. . .' .... .' . , 1,:.-,.-,. "'-'_" _:,:;.,.,:-, < . . '. . )' - ":lil,lf'd:-.:-'.t. _ ,.:I!I . . - -I I if,.<, 1>F i'::J", . ,', &a "\ ,., -". ,,~' -~\~:~~_ j - ,~~ !/l , " , ..to;f>..... . . ~ 41 , ~. . ik~~+~~ ""$../ ,.. 'R ,,1 ',,;, ~.",' . ATIEsi{ ";0; ~C"3 J~~ E&~~~e~~rL- Clerk of the Board JEFFERSON COUNTY BOARD OF COMMISSIONERS ~~d~ Phil Johnso Jolm ~_"" Page 17