Minutes 1-3-07 - Pierce County Home Page

Chairperson Barkla stated we’ll take a 3 minute recess to return at 10:02 P.M. Barkla
reconvened the meeting at 10:06 P.M.
Pichotta - In regard to Section 240-76 which is the zoning code and lists the criteria with which
the committee may use to review proposed conditional use permits. There is a list, a number of
things which aid in the review of the proposed project against the above criteria, the land
management committee may evaluate the following specific criteria but shall not be limited
thereto; it lists a number of issues; including whether or not it would adversely affect property,
similar to other uses, consistency with plans, sanitary waste disposal, safe vehicular and
pedestrian access. Attorney Bill Thiel was consulted regarding this section and whether or not
any one of these are adequate to deny a conditional use permit request. Basically these are things
the committee should look at in a big picture kind of way in which to gauge the appropriateness
of the project as a whole. Any one of them is not likely significant enough to warrant denial of a
conditional use permit. My prior point regarding the fact that a conditional use permit is a
permanent use that has the potential for offsite impacts, and can only be denied if they can’t be
mitigated is the standard. The case law that was provided during the public hearing was regarding
a proposed mine in an environmentally sensitive area with very shallow ground water. The
concerns were that if there was a spill it would very quickly be drawn into the groundwater. In
that case there clearly was a problem relating to public health and safety. Sanden -There have
been approximately a dozen mining projects approved in the past since I started on this
committee and I do not recall a town referral to deny. Is it in consideration for the size and off
site impacts? What makes this one different? Pichotta – suggested that the size of mine,
proximity to residential development and Hwy 94, and the history of the Miller quarry where a
blast a few years ago knocked a whole wall into the river were likely reasons for increased
concern. Sanden - I would suggest that we ask for an environmental assessment and attempt to
address all the concerns of the people here tonight and still let the process move forward.
Nellessen - We need to consider the safety of the buyers of Jim Weber’s home. Holst - There are
still some unanswered questions. I don’t feel we know enough about this site to make a decision.
Sanden moves to defer action until an environmental assessment has been completed/Holst
Seconds.
Rich Purdy, Supervisor District 3, You may want to give them some specific guidelines to draft
their impact statement. Chairperson Barkla, we will defer to staff for guidance. Mr. Small - What
type of criteria are you interested in? Holst - My concerns would be endangered plant species,
rare flora and fauna. Pichotta -What we would be looking for is a document that looks at flora
and fauna, the groundwater depth, a snapshot of the conditions on the site, information so the
committee would have a tool to gauge whether the concerns identified are valid and can be
alleviated. Mr. Sonnentag - Other than the endangered species, I’m not sure what is unanswered.
I think most of these would be DNR permits. Could we ask you to reconsider and put that as one
of the conditions? If there is any endangered species we couldn’t proceed. We have time limits on
the option to purchase. Who do we get to do the environmental impact? Sanden - You will want