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HomeMy WebLinkAboutMinutes - BOCCMINUTES GRANT COUNTY SOARD OF COMMISSIONERS MOlVDAY, SEPTEMBER 1, 2008: CLOSED FOR LABOR DAY TUESDAYq SEPTEMBER 2, 2008: 9:0o a.m. — 9:5o a.m. D Nelson, Dept. of Community Development Update io:oo a.m. — io:ao a.m. io:3o a.m. — io:5o a.m. i:3o p.m. — 2:5o p.m. 2:0o p.m. — 2:2o p.m. 2:0o p.m. — 3:0o p.m. L Stqltman, Conservation District Update Open Record Public Hearing, Firearm Control Area along Crab Creek D Pohle, PW Update Open Record Public Hearing, Establishing County Road, Broadway Ave. S, in Mattawa C Carter, WSAC Logo Conference Call 3�3o p.m. — 4:0o p.m. Consent Agenda and Commissioners Work Session 1. Resolution for a Notice of Hearing in the matter of declaring certain county-owned property surplus and ordering the sale thereof; and setting the hearing for September 5, 2008 at 8:0o am. 2. Request from the Juvenile Court to purchase two 32" television monitors in the amount of $i,752.3o using JABG Grant funds 4�3o p.m. — 4:5o p.m. J Strickler, ASC Update and Misc. BOCC Action 1. Vouchers for indigent defense and/or insurance. 2. Professional Services Agreement For Legal Representation of Indigent Individuals in Grant County Superior Court (Adult Felony Only) Full time Contractor, between Grant County and Melissa A. MacDougall, effective September i, 2008 through December gi, 2009. The Grant County Commissioners session was called to order at 9:0o am with all the Commissioners in attendance with the Clerk of the Board. OPEN RECORD PUBLIC HEARING. FIREA.RM CONTROLA REA ALONG CRAB CREEK The Commissioner held an Open Record Public Hearing to take public comment to consider an Ordinance adding a portion of Crab Creelc to the Firearm Control At�ea of Grant County. Glen Gray has a deer farm and is wondering how he is going to slaughter his deer. He believes it is law enforcement issue, not a firearm control issue. Mark Darlington, petitioner for this control area, says he does not have an issue with Mr. Gray shooting his deer, but an issue for the hunters who are shooting at his property. Sharyl Darlington, petitioner for this control area, spolce in favor of the control area. Believes their houses are too close for hunting. Renae Hall, is wondering if this firearm control area is to large an area? Dave Alsup says his property has been hit by gun shots i7 of the ig years he has lived in "Millerville". COMMISSIOIVERS' September 1, 2008 MINUTES Page 2 of �2 Bob Jackson spolce against the area and said that those people who have had their house shot need to go and speak to the person who is shooting. Feels �he issue should be handled by law enforcement. Wendy Thomas, owns 10 acres across from Millerville, would not feel safe if she could not use her firearm to protect herself. Marlc Darlington, rebutted issues, says the problem is hunters who are shooting directly in the direction of houses. Richard Carpenter is against the Ordinance. Says he bought his properiy to hunt and feels that his rights are being talcen away. Says those in favor of the Ordinance should move. Sharyl Darlington, been there 5o years and doesn't want to talce away others rights. She only wants to protect her property. Sherri Pride, does not believe that this is the time to restrict firearms. Bob Jacicson reiterated that he believes that this is a law enforcement issue. Jay Meade, spolce against the Ordinance. Shelly Brown spolze in favor of the Ordinance. She wants to protect her property. Pete Thompson, spoke in favor of the ordinance. Toni Cruz, spoke of pit bulls in the area that have attacked her animals and grandchildren. She does not want her right to bear arms talcen away. Wendy Thomas says that pit bulls are running at large in the area and wants to be able to protect themselves. Undersheriff John Turley spolce of the Ordinance and stated that he does not believe that "complete prohibition of firearms" is the answer. He believes that people should be able to bear arms and believes the issue is hunting and irresponsible hunters. Sherri Pride said the property owners along Crab Creelc should be more engaged. Glen Gray stated that the dogs running loose are a big problem. Richard Carpenter believes that the property owners affected need to handle their own issues. Commissioner Carter rnoved to close the public comment portion of the hearing, Commissioner Allison seconded and the motion passed unanimously. Cominissioner Stevens added to the record, z letters received from Clarence and Darlene Dybing and from Carol and Mark Stiles who are in opposition to the Ordinance. Commissioner Allison noted that at the bottom of the petition, its states that the petitioners are requesting a"hunting ban" and that the Department of Fish and Wildlife should be involved. Commissioner Stevens noted that the original petition did not include the large area that is being considered today. Fish and Wildlife should be included. Commissioner Allison read the exemptions for use of firearms as stated in the existing Ordinance. The Commissioners showed the map of the proposed area and the properiy owners in attendance showed where they were lived. Undersheriff Turley stated that the way development is moving in the area is the reason why the Sheriffs Office proposed such a large firearm control area. Commissioner Allison moved to deny the proposed firearm control area Ordinance as presented. Commissioner Carter seconded and �he motion passed unanimously. D POHLE. PUBLIC WORKS UI'DATE The Commissioners approved and signed a Land Use Agreement No. i999o28g (Supplement No, i) between Grant County and the Department of Energy Bonneville Power Administration to include the construction, use, and maintenance of a i4' asphalt access road. OPEN RECORD PUBLIC HEARING. ESTABLISHII�TG COUNTY ROAD, BROADWAY AVE S} IllT MATTAWA The Commissioners held an Open Record Public Hearing to consider the establishment of a County Rd in Mattawa — Broadway Ave. S. Derek Pohle, Public Works Director discussed the proposal. Jim Harmon spoke about his property and its land use designation. He owns a wrecking yard in the area. He states that the road is poorly maintained and it should be paved. Discussion ensued. It was deterrnined that Mr. Harmon's issue did not have relevance to today's hearing. Commissioner Allison moved to close the public comment portion of �he hearing, Commissioner Carter seconded and the motion passed unanimously. Commissioner Carter moved to approve the road as presented, Commissioner Allison seconded and the motion passed unanimously. The hearing adjourned. (Resolution leTo. o8-o7i-CC) CONSENT AGENDA: COMMISSIONERS' September 1, 2008 MINUTES Page g of 12 Commissioner Carter moved to approve the Consent Agenda, Commissioner Allison seconded and the motion passed with unanimously, as presented below: COMMISSIONERS' OFFICE: Commissioners Office Vouchers Special Occasion License application for Moses Lalce J.E.T.S. Wrestling Team,1g96 Fairway Dr., Moses Lalce, WA 988g�, from the Washington State Liquor Control Board. EMERGENCYMANAGEMENT Proclamation declaring September 2008 National Preparedness Month and NOAA Weather Radio Awareness Month. COMMISSIONERS WORK SESSION The Commissioners approved and signed item 1 and assigned it Resolution No. 08-o�2-CC. The Commissioners approved item 2 as listed above. J STRICI�LER, ASC UPDATE AND MISC. SOCC ACTION The Commissioners approved and signed items i and a as listed above. As there was no further business to come before the Board the session was continued until September 3, 2008. WEDNESDAY, SEPTEMSER3, 2oo8c 9:0o a.m. — 9:5o a.m. 10:0o p.m. — 2:0o p.m 10:0o a.m, —1i:oo a.m. i:go p.m. — i:4o p.m. 3:0o p.m. — g:io p.m. 4:0o p.m. — 4:2o p.m. 4:go p.m. — 4:5o p.m. 7:0o p.m. — 8:3o p.m. B West, Fairgrounds Update R Stevens at Leg Steering Ctte Meeting (Sea-Tac) C Carter at Canvassing Board (Elections) Closed Record Public Hearing, Eric Huber Preliminary Plat Open Record Public Hearing, Prosecuting Attorney and Fairgrounds Budget Extensions Open Record Public Hearing, CDBG General Purpose Grant Informational Meeting Re�cheduled J Potts, Legislative Update PLANNING COMMISSION CLOSED RECORD PUBLIC HEARING. ERIC HUBER PRELIMINARY PLAT COMMISSIONER,S' Septernber i, 2008 MINiTTES Page 4 of i2 The Commissioners held a Closed Record Public Hearing regarding a preliminary subdivision application from Eric Huber to subdivide 3.56 acres into six single family residential lots in the Urban Residential2 zoning district. The site fronts on the north side of Fairway Dr, east of West Shore Drive and south of Mae Valley Rd, West of Moses Lake. The property is located in a portion of the NE quarter of S 30, T ig N, R 28 E, W M(Parcel no. i�-o85-5000). Commissioner Allison moved to uphold the Planning Commission recommendation and approve the application as presented, recognizing the io Conditions of Approval and � Findings of Fact. Commissioner Carter seconded and the motion passed with 2 Commissioners in attendance. The hearing adjourned. (Resolution No. o8-o7g-CC) OPEN RECORD PUBLIC HEARING, PROSECUTING A'I°TORNEY'S OFFICE AND FAIRGROUNDS BUDGET EXTENSIONS The Commissioners held an Open Record Public Hearing regarding the following budget extension requests: Grant County Fairgrounds Fund #ooi, Department #i42 in the amount of $105,000.0o for an operating transfer out; Grant County Fairgrounds Fund #1r6, Department #159 in the amount of $io5,000.0o for an operating transfer in for salaries and wages; Prosecuting Attorney's Office Fund # i2o, Department # i62 in the amount of $4�500.0o to purchase 2laptop computers and a video camera for their Crime Victim/Witness Unit. Commissioner Allison moved to close the public comment portion of the hearing, Commissioner Carter seconded and the motion passed with 2 Commissioners in attendance. Commissioner Allison moved to adopt the budget extension as presented, Commissioner Carter seconded and the motion passed with 2 Commissioners in attendance. The hearing adjourned. (Resolution No, 08-o74-CC) MISCELLANEOUS ITEMS The Commissioners signed the Personnel Action Request (PAR) for the salary, wage, and/or position changes for Barbara J. Vasquez, Commissioners Office. The Commissioners signed the Grant County Payroll Picic-up sheet for August, 2008. As of this date, the Board, by a majority vote, does approve for payment those vouchers certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified by the auditing officer as required by RCW 42.24.090, in the amounts of $i�o,i9i.go and $5i,,o21.2i, as recorded on a listing and made available to the Board. As there was no further business to come before the Board the session was continued until September 5, 2008. THURSDAY, SEPTEMSER 4, 2008: �:oo a.m. — 8:0o a.m. 9:0o a.rn. — io:oo a.m. 9:0o a.m. — i2:oo p.m. 1i:oo a.m. —1i:go a.m. L Allison at Moses Lalee Response Team (Moses Lalce) Cancelled L Allison at KBSN Radio C Carter at Mattawa High School S Hallstrom, Appeal Discussions COMMISSIONERS' September 1, 2008 MINUTES Page 5 of iz 1:go p.m. — g:go p.m. R Stevens at EW Area Ageing / Council of Governments Meeting (Wenatchee) FItIDAY, SEPTEMSER 5, 2008: 8:0o a.m. — 8:2o a.m. Open Record Public Hearing, Declaring County Property Surplus for Auction 8:go a.m. — 5:0o p.m. Open Record Public Hearing 2008 Comprehensive Plan Amendments The session was continued at 9:0o am with all the Commissioners in attendance with the Clerlc of the Board. OPEN RECORD PUBLIC HEARING DECLARING COUNTY PROPER'd'Y SURPLUS FOR AUCTION The Commissioners held an Open Record Public Hearing to declare certain county-owned equipment and merchandise surplus and ordering the sale and auction of same. Lists were given by the WSU Extension Office, Technology Services, Grant Mental Healthcare, and Sheriffs Office. Commissioner Allison moved to close the public comment portion of the hearing, Commissioner Stevens seconded and the motion passed with z Commissioners in attendance. Commissioner Allison moved to declare the listed equipment as surplus and as presented, Commissioner Stevens seconded and the motion passed with 2 Commissioners in attendance. The hearing adjourned. (Resolution No. 08-o75-CC) OPEN RECORD PUBLIC HEARING, 2008 COMPREHENSIVE PLAN AMENDMENTS The Commissioners held an Open Record Public Hearing for the 2008 Comprehensive Plan Amendments. Damien Hooper stated that the Schulteis and Noor Said amendments are not going to be heard today. Also, the REC Silicon application was withdrawn. As of March 3i, 2008, twenty-one applications were received and forwarded to the Planning Commission for review and recommendation. Today, there are i8 amendments for review. BEARIIVG SEA �44 C/O VIC J�-11�TSEN FILE #08-�068 This request is for an Urban Growth area boundary amendment for the City of Moses Lake to include this site of approx. 3i� acres and re-designate the site from Rural Remote and Rural Tndustrial to Urban Industrial, Urban Commercial and Residential Low Density. The subject area is located in a portion of S 30, T 2o N, R 28 E, W M(Parcel no.1�-1024-000) near the southern-most intersection of Neppel Rd and Highway i�. Commissioner Allison moved to close the public comment portion of the hearing, Commissioner Carter seconded and the motion passed unanimously. Commissioner Allison moved to uphold the Planning Commission recommendation recognizing the 9 Findings of Fact, Commissioner Carter seconded and the motion passed unanimously. ML DEVELOPMENT, INC. FILE #07-4882 The subject area is approx. ioo acres in size with a Comp Plan Land Use Designation of Rural Residential 1. The applicant has submitted an application requesting the subject property be included within the boundary of the City of Moses Lalce Urban Growth Area and a site specific land use re-designation to Residential, Medium Density. COMMISSIONERS' September 1, 2008 MINUTES Page 6 of 12 The property is located at the northern end of West Shore Dr in a portion of S 6, T i9 N, R 2H E, W M (Parcel no.1�-oi�2-oo0). Larry Angel was here at the hearing to answer any questions the Board may have. Commissioner Carter moved to close the public comment portion of the hearing, Commissioner Allison seconded and the motion passed unanimously. Commissioner Allison moved to uphold the Planning Commission recommendation recognizing the 9 Findings of Fact, Commissioner Carter seconded and the motion passed unanimously. NORTH POINT HOLDINGS LI,C g84 FILE #oZ48A4 The subject area is approx. g84 acres in size with a Comprehensive Plan Land Use Designation of Rural Residential x. The applicant is requesting the property be included within the boundary of the City of Moses Lalce Urban Growth Area and a site specific land use re-designation to Residential, Low Density, Larry Angel was here at the hearing to answer any questions the Board may have. Commissioner Carter moved to close the public comment portion of the hearing, Commissioner Allison seconded and the motion passed unanimously. Commissioner Allison moved to uphold the Planning Commission recommendation recognizing the 9 Findings of Fact, Commissioner Carter seconded and the motion passed unanimously. ROBERT SCHIFFNER FILE# o�-48ni The subject area is approx. 8o acres in size with a Comprehensive Plan Land Use Designation of Rural Residential i. The applicant has submitted an application requesting the subject property be included within the boundary of the City of Moses Lake Urban Growth Area and a site specific land use re- designation to Residential. Low Density. The subject area is generally located north and west of the northern terminus of West Shore Dr in a portion of S 6, T i9 N, R 2� E, W M(Parcel no. i�-or7o-oo0). Commissioner Carter moved to close the public comment portion of the hearing, Commissioner Allison seconded and the motion passed unanimously. Commissioner Allison moved to uphold the Planning Commission recommendation recognizing the 9 Findings of Fact, Commissioner Carter seconded and the motion passed unanirnously. MARGARET SCHIFFNER FILE #o7-48A2 The Subject are is approx.g2o acres in size with a Comprehensive Plan Land Use Designation of Rural Residential i. The applicant has submitted an application requesting the subject property be included within the boundary of the City of Moses lalce Urban Growth Area and a site specific land use re- designation to Residential, Low Density. The subject area is generally located south of the Panorama Heights neighborhood and east of Rd E NE in a portion of S 1, T i9 N, R 2� E, W M(Parcel no. i6-i353-o00). Kim Foster, ASPI Group, wanted to be on the record supporting this application. COMMISSIONERS' September 1, 2008 MINUTES Page � of i2 Larry Angel stated that he is here to answer any questions. Commissioner Carter moved to close the public comment portion of the hearing, Commissioner Allison seconded and the motion passed unanimously. Commissioner Allison moved to uphold the Planning Commission recommendation recognizing the 9 Findings of Fact, Commissioner Carter seconded and the motion passed unanimously. REC SOLAR GRADE SILICON, LLC — WITHDRAWN SiJN RANCH, INC. JOHN ENRIGHT FILE #07-4888 The subject area is approx. iio acres in size with a Comprehensive Plan Land Use Designation of Rural Residential i. The applicant has submitted an application requesting the subject property be included within the boundary of the City of Moses Lake Urban Growth Area and a site specific land use re- designation to Residential, Low Density. The Department of Transportation submitted comments on their traffic concerns in the area. The subject area is generally located north and south of Rd g NE and west of Rd F NE in a portion of S ig and 24, T i9 N, R 2� E, W M(Parcel nos. i5-o570-001, i6-i42o-o00, i6-1421-000, i6-i422-o00, i6-i428- 000, i6-r429-o00, i6-i495-o01, g1-24o8-000, and i6-14�4-000). Howard Wagner, agent, in attendance to answer questions. Commissioner Carter moved to close the public comment portion of the hearing, Commissioner Allison seconded and the motion passed unanimously. Commissioner Allison moved to uphold the Planning Commission recommendation recognizing the 9 Findings of Fact, Commissioner Carter seconded and the motion passed unanimously. VAUGHl� HLTNSAKER FILE #08-507� The subject area is approx. 5o acres in size with a Comprehensive Plan Land Use Designation of Rural Residential 1. The applicant is requesting the property be included within the boundary of the City of Moses Lake Urban Growth Area and a site specific land use re-designation to Residential, Low Density. The subject area is generally located south of Winesap Rd and west of Malaga Dr NE in a portion of S i9, T i9 N, R 28 E, W M(Parcel no. 14-i69i-ooi, i�-o756-001, i4-i69i-000,14-�693-000, and 14-�6gg-ooi). Larry Angel discussed the issue regarding "islands" and submitted letters from neighbors in the area. Commissioner Carter moved to close the public comment portion of the hearing, Commissioner Allison seconded and the motion passed unanimously. Commissionar Allison moved to uphold the Planning Commission recommendation recognizing the 9 Findings of Fact, Commissioner Carter seconded and the motion passed unanimously. C�IARLES AND PHYLLIS LYEBERT FILE #o7-48A6 The subject area is approx. 29 acres in size with a Comprehensive Plan Land Use Designation of Rural Residential i. The applicant is requesting to be included within the boundary of the City of Moses Lalce Urban Growth Area and a site specific land use re-designation to Residential, Low Density. COMMISSIONERS' Septembe� i, 2008 MINUTES Page 8 of i2 The subject area is generally located south of Mae Valley Rd and west of Rd F NE in a portion of S z5, T i9 N, R 2� E, W M(Parcel no. i6-152�-000). Larry Angel stated he is here to answer any questions. Commissioner Carter moved to close the public comment portion of the hearing, Commissioner Allison seconded and the motion passed unanimously. Commissioner Allison moved to uphold the Planning Commission recommendation recognizing the 9 Findings of Fact, Commissioner Carter seconded and the motion passed unanimously. GRANT COUNTY PUD AND RON BAKER FILE #o8-tio7a The subject area is approx. 2i.5 acres in size with a Comprehensive Plan Land Use Designation of Rural Residential2 and Rural Commercial. The applicant is requesting that the property be included within the boundary of the City of Moses Lake Urban Growth Area and a site specific land use re-designation to Residential, Low Density. The subject area is generally located at Stratford Rd and Kinder Rd in a portion of S ii, T i9 N, R 28 E, W M(Parcel no.17-0499-000, i7-o5go-oo6, ii-o682-000 ,ix-o684-000, and 1i-o686-000). Staff stated that a portion of the site is vacant and is owned by Ron Baker. The PUD and Mr. Baker are in the process of negotiating a purchase and sale agreement for Mr. Baker's parcel, Tn their application materials, the PUD has requested that the Planning Commission consider a condition of approval for this request that the PUD obtain title ownership of the site within one year of the Grant County Commissioners approval of this application, otherwise the Ron Baker property falls out of the UGA and retains its current land use designation of Rural Residential2 and Rural Commercial as shown on the mapping contained in the application. This is a condition that has been utilized in previous years when an applicant has not yet secured title ownership of a property involved in the Comprehensive Plan amendment cycle. Commissioner Carter moved to close the public comment portion of the hearing, Commissioner Allison seconded and the motion passed unanimously. Commissioner Allison moved to uphold the Planning Commission recommendation recognizing the 1 Condition of Approval and the 9 Findings of Fact, Commissioner Carter seconded and the motion passed unanimously. Commissioner Allison noted for the record the hard worlc of Planning Dept staff and the Planning Commission. CITY OF SOAP LAKE FILE #o�-48n8 The subject area is approx. 34i acres in size with a Comprehensive Plan Land Use Designation of Rural Residential 1. The City is requesting that the subject properties be included within the boundary of the City of Soap Lake Urban Growth Area and a site specific land use re-designation to Residential, Low Density for the majority of the area and one parcel to be designated urban Commercial. Staff spoke of a petition received in opposition of this application. The area is generally located east of Highway i� just north of the existing City limits and west of the Bureau of Reclamation canal in a portion of S ig and i8, T 22 N, R 2� E, W M(Parcel nos.16-i898-o00,16-1899-006, 81-6382-02, 8i-6gg2-14, i6-i899-o03, 16-1899-001, 3�- i99i-000, 31-�990-000, g1-1989-000, 16-1894-000, i6-o968-000, i6-o969-001, and i6-i898-o00). Curt Sheppard, brought with him a petition requesting denial of this application. He mentioned that i2o acres of the property is an old landfill and if disturbed could be an issue with wells. COMMISSIONERS' September 1, 2008 MINUTES Page 9 of i2 The area residents are upset because the City never contracted them to give them an idea of what they are planning to do with the land. Lyle Nicolette, lives in Soap Lalce, spolce in opposition of the application. Mathew Hanson, Alliance Consulting, representing the City, states that the Mayor of Soap Lalee has no intention of annexing the residential properties. Fredericic Slough, Developer of the property in Soap Lake, says that he knows most of the property owners in the area and believes that none of the property owners in the area are in favor of this application. He believes this is talcing property rights away from the owners and he thinlcs it puts a large burden of proof on the petitioner for this to prove that it is something that is eminently avoiding a disaster for the petitioner or for public safety. He does not thinlc it can be just an idea or a scheme that �hey have to add this and he wanted to refute the idea of it being necessary to be in compliance with the GMA. He stated to add to your buildable property inventory you don't add developed property for that purpose. These are 2 acre estates with $400,000.0o houses on it. The property owners have invested their life savings and futures into these properties because of the views. In the inventory area, it has cliffs and rock bluffs, it perfectly describes Soap Lake Terrace. It is not developable ground and has already been developed to the highest use. The owners are going to be damaged by this scherne because they are not going to know what the purpose of forcing it into the GMA is going to be, there will be rumors which will run down property prices. Trying to sell these homes would not be easy. There has been a small increase in building in Soap Lalce. He states that there is 207 acres of developable land inside the City right now. Commissioner Stevens aslced if a problem with selling land in Soap Lalce is due to the faet that the land owners do not want to sell. Mr. Slough stated that Samis Co. is now starting to sell their land, approx. 6 lots per year. Wayne Hovde, Mayor of Soap Lalee, says its impossible for the City to Annex the homes in the area. Spoke in favor of the application. Discussion ensued. Mathew Hanson, Alliance Consulting, discussed the 2025 population projections by the state. Commissioner Carter moved to close the public comment portion of the hearing, Commissioner Allison seconded and the motion passed unanimously. Discussion ensued. Commissioner Allison moved to continue this hearing until more information is received, Sept i8, at 10:0o am, Commissioner Carter seconded and the motion passed unanimously. JOSEPH AND DEBBIE BYRD FILE #08-5o6c� The subject property consists of one parcel totaling approx. 2i acres with a Comprehensive Plan Land Use Designation of Agricultural Resource (Irrigated). The application is requesting a Site Specific Land Use Re-Designation to Rural Residential 1. The property is located on the south side of Rd 2o NE approx. one mile west of Adrian Rd; and is a portion of S 2�, T 22 N, R 2� E, W M(Parcel no. 2o-oo5i-ooi) Todd Lollcus, agent, says that the soil in the area is poor. Cornmissioner Carter moved to close the public comment portion of the hearing, Commissioner Allison seconded and the motion passed unanimously. Commissioner Allison moved to uphold the Planning Commission recommendation recognizing the i2 Findings of Fact, Commissioner Carter seconded and the motion passed unanimously. COMMISSIONERS' September 1, 2008 MINUTES Page io of i2 GEORGE CODDINGTON FILE #08-50�0 The property consists of two parcels totaling approx. 36 acres with a Comprehensive Plan Land Use Designation of Agricultural Resource (Irrigated). The application is requesting a Site Specific Land Use Re-Designation to Rural Residential i. The property is located approx. 3 miles southwest of the City of George on the west side of Rd S SW; and is a portion of S 24, T i8 N, R 23 E, W M(Parcel nos. i5-o45i-000 and 15-0450-000). John Thomason spoke in opposition of the proposal. He is a farmer in the area and states that the ground is prime ground for mint growing. Todd Lollcus, Agent, stated there is no development proposed at this tirne and if there was, a wetland survey would need to be done. It is contiguous with other RR1lands so it is not "spot zoning". John Thomason stated that he believes that changing the zoning is an "aggressive action" and that there must be some sort of development plan. Commissioner Stevens mentioned that this is only a land use re-designation hearing, �hat if development is planned in the future it would have to go through the process. Commissioner Carter moved to close the public comment portion of the hearing, Commissioner Allison seconded and the motion passed unanimously. Commissioner Allison moved to uphold the Planning Commission recommendation recognizing the i2 Findings of Fact, Commissioner Carter seconded. Discussion ensued. The motion passed unanimously. FRENCHMAN HILLS ESTATES —LARRY MYRICK FILE #08-,�071 The subject property consists of one parcel totaling approx. 90 acres with a Comprehensive Plan Land Use Designation of Agricultural Resource. The application is requesting a Site Specific Land Use Re- Designation to Rural Residential i. The location is approx, ii miles west of the Royal City on the east side of Highway 26; and is in a portion of 3i/1�/24; 1/16/23; 6/i�/2g E(Parcel nos. 15-0990-000, i5-o23o-oio, and i5-o9o�-002). Staff stated that currently the applicant does not own parcel no. 15-0990-00o but have submitted a copy of the real estate purchase and sale agreement for the site. The Planning Commission forwards this to the Board of County Commissioners with a vote of 4 to 3 to deny. Planning Department Staff recommend approval, Larry Myricle, applicant, stated that he is the legal owner of the access ground to the parcel. Commissioner Carter moved to close the public comment portion of the hearing, Commissioner Allison seconded and the motion passed unanimously. Commissioner Carter moved to deny the Planning Commission recommendation and approve the application as presented, recognizing the 12 Findings of Fact and contingent upon the purchase of parcel no. 15-0990-000, Commissioner Allison seconded. Discussion ensued. The motion passed unanimously. STEVEN AND SUSAN GILBERT FILE #oS-5o�2 The property consists of one parcel totaling approx. 27 acres with a Comprehensive Plan Land Use Designation of Agricultural Resource. The application is requesting a Site Specific Land Use Re- Designation to Rural Residential 1. COMMISSIONERS' September 1, 2008 MINUTES Page ii of 12 The area is located approx. � miles east of Royal City and is adjacent to the Royal Camp LAMIRD . The site is located in a portion of S i�, T 2� N, R 31 E, W M(Parcel no. 2i-1o6o-000). This application is forwarded to the Board with a recommendation to Deny by the Planning Commission and the Planning Department. Robert Reed, Knudson Land Surveying, spolce in favor of the application and recommends approval. He states that the irrigation on the land is one of the poorest that exists. He believes that it does have prime soil but it is not prime land. Comrnissioner Carter moved to close the public comment portion of the hearing, Commissioner Allison seconded and the motion passed unanimously. Discussion ensued. Commissioner Carter moved to deny the Planning Commission recommendation and Planning Department and approve the application as presented, recognizing the i2 Findings of Fact. Cornmissioner Allison seconded. Discussion ensued. The motion passed unanimously. VERN AND MARILEE GRIFFITH FILE #�o7-�q1� The subject properiy consists of four parcels totaling approx. 6o acres with a Comprehensive Plan Land Use Designation of Agricultural Resource. The application is for a Site Specific Land Use Re-Designation to Rural Residential i. The property is located east of Rd J NE just north of the Stratford community and is a portion of S z, T 22 N, R 28 E, W M(Parcel nos. 17-ii83-oo0, i�-ii79-oo5, i�-ii79-oo6, and 1�-ri79-oo�). Commissioner Carter moved to close the public comment portion of the hearing, Commissioner Allison seconded and the motion passed unanimously. Commissioner Allison moved to uphold the Planning Cornmission recommendation and approve the application as presented, recognizing the i2 Findings of Fact. Commissioner Allison seconded. The motion passed unanimously. WILHELM AND KIMBERLY SCHULTS, ET AL FILE #08-�077 The property consists of eleven parcels totaling approx 6oi acres with a Comprehensive Plan Land Use Designation of Agricultural Resource. The applicant has submitted an application requesting a Site Specific Land Use Re-Designation to Rural Residential i. The subject property is located approx. 8 miles west of the City of Moses Lalce on the east side of Hiawatha Rd and south of Rd 4 NE; and is a portion of S 16, T 19 N, R z� E, and S i5, T 19 N, R 27 E, W M (Parcel nos. This application is forwarded to the Board with a recommendation to Deny by the Planning Commission and the Planning Department due to good agriculture soil and that it is currently being farmed. Chuck Yarborough Senior discussed the project and discussed another project like this that was approved. He does not understand why this application was denied. Todd Lollcus spolce of possible elustering of houses in the area. Chuck Yarborough Jr. stated that this property is prime developable land. Commissioner Carter moved to close the public comment portion of the hearing, Commissioner Allison seconded and the motion passed unanimously. COMMISSIONERS' September i, 2008 MINUTES Page 12 of 12 For discussion, Commissioner Allison moved to deny the Planning Commission recommendation and approve the application as presented, recognizing that Planning Staff will have to draft the 12 Findings of Fact in the affirmative. Commissioner Allison amended his motion to include that the Board recommends clustering wherever possible. Commissioner Carter seconded. The motion passed unanimously. KEVIN WEBER FILE #o8-tio78 The property consists of a portion of one parcel totaling approx. 4o acres with a Comprehensive Plan Land Use Designation of Agricultural Resource. The application is for the establishment of a mineral Resource Overlay for a portion of the subject site. The property is located approx. 8.5 miles south of the City of Ephrata on the north side of Rd 9 NW; and is a portion of S i5, T 2o N, R 25 E, W M(Parcel no. 15-19o�-oox). Commissioner Carter moved to close the public comment portion of the hearing, Commissioner Allison seconded and the motion passed unanimously. For discussion, Commissioner Allison moved to uphold the Planning Commission recommendation and approve the application as presented, recognizing the 1g Findings of Fact. Commissioner Carter seconded. The motion passed unanimously. Since application CITY OF SOAP LAKE FILE #o7-48g8 has been continued to September i8, 2008 at 10:0o am, this hearing was adjourned to that date. As there was no further business to come before the Board the session was continued until September 8, 2008. SATURDAY, SEPTEMBER 6, 2008: g:oo a.m. — i2:oo p.m. GR�ANT COUNTY SURPLUS AUCTION (FAIRGROUNDS) Signed this i=-� °`"' day of�;�d,Vj� , 2009. OF COUNTY COMMISSIONERS Cindy Ca�te�, Chair Car . la�n� Swartz � � ���,�- -- Richard Stevens