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Home My WebLink About04111996 Min Ag . . . City of Port Towusend PlSIInnlng ·Comml$SiOD . 540 Waite Scœet. Port Towasead. W A. 98368 360/385-3000 FAX 360/385-4290 PLANNING COMMISSION AGENDA Workshop Meeting April 11, 1996 I. ROLL CALL ll. COMMUNICATIONS: Current mail . m. OLD BUSINESS A. ESHB 1724 Regulatory Reform Act 1. Staff Report, (Dave Robison and Timothy McMàhan) 2. Commission Discussion V. NEW BUSINESS VI. ANNOUNCEMENTS: Next Scheduled Mee?ngs April 18 Special Public Hearing on the Draft Comprehensive PIan * Public testimony on the Capital Facilities and Utilities Elements April 24 Special Meeting * Consideration and discussion of testimony from 4/18/96 hearing; if needed Aj)ril 25 Scott & Kathy Walker, Variance Application #9602-05 (ThayerlWelch) Brad Hoover - Port Townsend Inn, Conditional Use Permit Application #9603-01 (EnarsonlBoles) Regulatory Reform Public Hearing VIT. ADJOURN " . . . .. City of Port Towusend Plsanning 'CommlqiOD 540 Water Street. Port Towusend. WA. 98368 360138'-3000 FAX 3601385-4290 PLANNING COMMISSION MINUTES April 11, 1996 Workshop Meeting I. ROLL CALL The meeting was called to order at 7:03 p.m. by Chair Lois Sherwood. Other members in attendance were Linda Clifton, Karen Erickson, Cindy Thayer and John Boles. Lisa Enarson and Mark Welch were excused. Staff members present were Dave Robison, Tim McMahan and Sheila Spears. Mayor Julie McCulloch and Councilmembers Ian Keith and Kate Jenks were also in attendance. n. COMMUNICATIONS III. OLD BUSINESS A. ESHB 1724 Regulatory Reform Act 1. Staff Report, (Dave Robison and Timothy McMahan) Robison gave an overview of Regulatory Reform and reviewed draft 5 of the Regulatory Reform Work Group Proposed Ordinance. Under Regulatory Reform a consolidated permit procedure must be established integrating environmental analysis (SEP A) with project review. A master use permit application form will'also be developed. A flow chart was distributed diagramming the 120 day permit process. SEP A determinations will continue to be made by the Building & Community Development (BCD) Director. SEP A appeals will be heard by the Planning Commission on Type ill permits. SEP A appeals on Type II permits will be heard by the City Council. When a master use permit application is submitted, the Director will assign a type, (I - IV). It would be reviewed at the highest level if there is more than one element to the application, (e.g., PUD, Subdivision and Variance). The ordinance strives to require a mandatory preapplication conference with a fee attached, Presently a lot of staff time is spent on preapplications and then they never come back. This will help recoup some of the staff time spent. The· second stage in the process would be a voluntary pre-submission conference to sit down with staff and see that all the needed documents accompany the application. . . . Planning Commission Minutes April 11, 1996 Page 2 0/4 After an application is submitted staff conducts a preliminary review and issues a letter of completeness or identifies information required to make the application complete. This determination must be made within 28 days of the application. If additional information is requested by the City, staff issues a letter of completeness within 14 days of submittal of the new information. Once the application is deemed complete, the 120 day clock begins, and a Notice of Application is published and posted on the site. The comment period is 20 days; 30 days if it involves a shorelines permit. If the project requires Historic Preservation Commission (HPC) review, a mandatory public meeting is held to assess the project's consistency with design guidelines. The HPC recommendation is incorporated into the staff report. HPC review must be completed within 45 days. The HPC has requested that it would be more productive to have an HPC member sit in on the preapplication conferences for major projects (in the historic downtown). The proposed ordinance changes the HPC's role from a quasi-judicial commission to a committee that makes recommendations, This is part of complying with the mandate to have only one decision-making body and one public hearing. The City issues a SEP A threshold determination allowing for a 15 day comment and appeal period. If the determination is for an Environmental Impact Statement (EIS) the 120 day permit review clock stops. A determination of significance (DS) stops the clock for 365 days. Notice of public hearing must occur 10 to 45 days before the hearing. One of staffs concerns is whether or not we can meet these deadlines with only a weekly newspaper for legal notice. There is no penalty for the first year if the 120 day timeline is not met. The Planning Commission holds the open record hearing and makes a recommendation on the application, DEIS or appeal of DNS/MDNS if applicable. The Planning Commission recommendation can be appealed prior to the decision meeting of the City Council within 10 days. City Council holds a closed record hearing for concurrence or decision on the Planning Commission recommendation. No public testimony is taken. City Council can add new conditions, revise conditions or alter Planning Commission recommendations, and can also remand to the Planning Commission for more work. Judicial appeal of a Council permit decision must be moo within 21 days. If the permit is conditioned, the·HPC reviews the final design plans for building style, material composition, colors, signage and landscaping. Note: the clock stops during any period during which the applicant has been requested to correct plans, perform required studies, or provide additional required information (the clock starts running when the applicant satisfies the request for information or 14 days after the information is provided, whichever is earliest. . . . Planning Commission Minutes April 11, 1996 Page 3 0/4 2. Commission Discussion Question was asked whether or not the same staff person who presents to the Planning Commission would also present before City Council. Robison said that is quite likely with backup by himself and the City Attorney. Also, on major projects, the City Attorney andlor BCD Director will be at more of the Planning Commission hearings. Since there is only one open record hearing, public testimony has to be thoroughly reflected in the staff report/minutes to Council; this is the current practice. Council cannot consider information that comes after the Planning Commission open hearing. Those letters would be inappropriate for council to review. Clarification was made as to who parties of record are. Discussion with the City Attorney focused on whether or not receiving proper notice of adjacent property owners is an appealable issue. Staff recommends that notice be mailed only to those within 200 feet of the perimeter of a proposal, except for Shorelines which requires 300 feet. Question was asked whether or not a SEP A DNS could be changed by the Planning Commission to a scoped EIS. McMahan responded that the responsible official (BCD Director) is presumed to have certain expertise and has worked extensively with the applicant and his decision carries a lot of weight. McMahan's view is that if there hasn't been an appeal of the SEP A determination, the Planning Commission will not be in the position of overriding the responsible official's SEP A determination. Planning Commission went through the draft ordinance page by page and made comments and recommendations to staff for changes in the draft. The changes will be incorporated into a new draft to be reviewed by the Planning Commission at its hearing on 4/25196. Staff will summarize the draft ordinance and clarify the differences at the hearing between the current practice and new procedures in the ordinance. Also, staff will point out any changes made from the current draft. Staff asked that Planning Commission relay any corrections, additions or concerns during the next week so that they can be incorporated into the draft ordinance to be reviewed at the 4/25196 hearing. VI. ANNOUNCEMENTS: Next Scheduled Meetings April 18 Special Public Hearing on the Draft Comprehensive Plan * Public testimony on the Capital Facilities and Utilities Elements . . . ... , Planning Commission Minutes April 11 , 1996 Page 40/4 April 24 Special Meeting * Consideration and discussion of testimony from 4/18/96 hearing, if needed April 25 Scott & Kathy Walker, Variance Application #9602-05 (ThayerlWelch) Brad Hoover - Port Townsend Inn, Conditional Use Permit Application #9603-01 (Enarson/Boles) Regulatory Reform Public Hearing VIT. ADJOURN Motion to adjourn was made by Cindy Thayer and seco~ by Karen Erickson. All were in favor. The meeting adjourned at 9:40 p.m. ~' . / rJ _ '(~:l~£V~[a>i~~ Sheila Spears Community Development Assistant · · ~,~--'---"---- · Guest List Meeting of: (J r. f1 ,1##/)$& Co 4-«/55/0/y Purpose: ReaU¿Æ'()~ Y Þ=-OR fif 4.JoIlKSffolJ Date: cflÍ¡!CJø Name (please print) Address T estimonv? YES NO \7 A-\,t\ 'IS Q Ye-e. 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