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HomeMy WebLinkAbout041411• CITY OF PORT TOWNSEND MINUTES OF THE PLANNING COMMISSION REGULAR MEETING OF APRIL 14, 2011 CALL TO ORDER The Planning Commission met in regular session the 14th day of April 2011 in the City Council Chambers of City Hall, Chair Julian Ray presiding. The meeting was called to order at 6:30 p.m. ROLL CALL Commissioners present at roll call were Julian Ray, Monica Mick - Hager, Steven Emery, Cate Comerford, and Gee Heckscher with Jerauld Fry, and Sarah Bowman excused. Staff members present were Senior Planner /Planning Manager Judy Surber, and Deputy Clerk Erin Lundgren. ACCEPTANCE OF AGENDA There was consensus to amend the agenda to include the welcoming and introduction of new Planning Commission member Cate Comerford. Motion: Gee Heckscher moved to approve the agenda as amended. Steven Emery seconded. • Vote: motion carried unanimously, 5 -0 by voice vote. Chair Ray welcomed and introduced new Planning Commission member Cate Comerford who provided information on her background. APPROVAL OF MINUTES - MARCH 24, 2011 Motion: Steven Emery moved to approve the minutes of March 24, 2011 as presented. Gee Heckscher seconded. Vote: motion carried unanimously, 4 -0 by voice vote. Cate Comerford abstained. GENERAL PUBLIC COMMENT No public comments were made. NEW BUSINESS Public Hearing: 2011 Comprehensive Plan Docket Chair Ray explained the public hearing procedures and then introduced Senior • Planner /Planning Manager Judy Surber who reviewed the proposed amendments for the 2011 Comprehensive Plan Docket. Planning Commission Meeting Minutes - April 14, 2011 Page 1 of 8 • Ms. Surber stated that there are a total of eight proposed amendments which include the following three amendments that were carried over from the 2008 mid - cycle assessment and do not require approval of the Planning Commission as they were previously approved for docketing: 1) Adding an Emissions Policy; 2) Adding a Housing Action Plan and Housing Action Plan Network (HAPN) Policy; and 3) Expanding the policy and strategies to include public - private partnerships /Public Development as a tool for expanding affordable housing. Proposed amendment #LUP11 -021 was received from Kevin Harris, Quincy Street at the Waterfront, LLC (regarding hotels in the C -III district) and also does not require Planning Commission approval as it is a "formal amendment' and is automatically placed on the docket pursuant to Chapter 20.04 of the Port Townsend Municipal Code (PTMC) and is subject to an application fee. There are four suggested amendments (three proposed by City staff and one by a citizen) which are the subject of this hearing: 1) LUP11 -025, Nomura Property Rezone; 2) LUP11 -026, Cherry Street Rezone; 3) LUP11 -027, Beech Street Rezone; and 4) LUP11 -015, Kah Tai Lagoon Park Policy. Nomura Rezone #LUP11 -025, City of Port Townsend, Proponent: This amendment is to rezone the Nomura property (parcel no. 001034002) located at the southwest corner of F Street and San Juan Avenue. In 2007, one acre of the Nomura property was rezoned from R -II (Single - Family Residential) to CI /MU (Mixed Use). During the 2007 amendment process, the Planning Commission and Council noted that the existing zoning of R -II (Single - Family Residential) radiating out to R -III (Multi - Family • Residential) and then back to R -II (Single - Family Residential) seemed counter- intuitive. It was suggested that this zoning be reversed to increase density adjacent to the mixed -use intersection and decrease density in the area adjacent to the established R -II neighborhood. This proposal is to transpose the R -II and R -III zoning of the Nomura property. Cherry Street Rezone #LUP11 -026, City of Port Townsend, Proponent: The City has identified this City -owned land (parcel no. 001024075 and 001023005), located adjacent to Grace Lutheran Church on the easterly side of Cherry Street, as potentially suitable for development of affordable housing. While the majority of the property is zoned R -II (Single - Family Residential), a portion of the property is zoned P /OS (Parks and Open Space). The proposal is to consolidate the zoning making the entire parcel R -II which is consistent with adjacent properties. Beech Street Rezone #LUP11 -027, City of Port Townsend, Proponent: The City has identified this City -owned land (parcel no. 985204401), located on the westerly side of Beech Street between M and P streets, as potentially suitable for development of affordable housing. The property is zoned P -1 (Public /Infrastructure), while surrounding properties are zoned R -11 (Single - Family Residential). The proposal is to create a dual zone whereby the parcel would convert to R -11 (Single - Family Residential) if surplused or leased. Kah Tai Lagoon Park Policy #LUP11 -015, Rick Jahnke, Proponent: This suggested amendment is to add a new Parks and Recreation Policy to the Land Use Element of • the Comprehensive Plan. The property is described as Kah Tai Lagoon Nature Park Planning Commission Meeting Minutes -April 14, 2011 Page 2 of 8 situated on several parcels adjacent to Kah Tai Lagoon which are owned by both the • City and the Port of Port Townsend. The Port-owned property is currently leased by the City, however, the lease is due to expire in 2012. The proposal would further clarify existing policy direction regarding the design and management of park facilities to recognize that Kah Tai Lagoon Nature Park is a federally- created and federally - protected park in perpetuity. Ms. Surber explained that in 1981 a National Parks Service Federal Land and Water Conservation Fund Acquistion Grant was awarded for the purpose of consolidating ownership around the lagoon to enable the City to plan and develop a municipal passive park which is now what we know as Kah Tai Lagoon Nature Park. Unfortunately, the records do not clearly define the boundary of the park (known as the 6f3 boundary) and the City and Port are now in disagreement over the boundary. In order to settle the dispute, the National Park Service, Resource Conservation Office will have to determine the park boundary. Once the boundary has been determined, then the legal obligations for the property will be known and the City can establish a policy for complying with those legal obligations. She noted that suggested Comprehensive Plan amendments can only be submitted every few years. Suggested amendments can be considered in 2011, but not again until 2014. While City staff does not want to lose sight of the fact that there are legal obligations that affect land use planning on these parcels around the lagoon, there is no urgency for this amendment until the boundary dispute has been resolved. City staff suggests this amendment be docketed for 2011 and then placed on hold until a boundary determination has been made. • Chair Ray opened the hearing for public testimony. Eric Toews, Planning Analyst for the Port of Port Townsend submitted written comments and spoke against the proposed suggested Comprehensive Plan amendment #LUP11 -015, Kah Tai Lagoon Park Policy, stating that it is untimely, inappropriate and unnecessary. Specifically, the 6f3 boundary is entirely unclear, the original 6f boundary map has been lost, and the Resource Conservation Office (RCO) has not yet rendered a decision as to which Kah Tai properties are within the limits of the original grant restrictions. Additionally, once the RCO determines the 6f3 designation there will be adequate federal safeguards against active park uses, and no Comprehensive Plan amendment would be necessary. Docketing this proposal may prove to be time consuming and costly to both the Port and City, and may lead to a highly politicized legislative process which despite the City's intentions, could result in a final legislative action that is based on emotions and politics, and which unreasonably and unconstitutionally extends passive park restrictions to properties outside the 6f3 park boundary. He urged the Planning Commission to reject staffs recommendation to docket this proposal based upon the lack of need, urgency and appropriateness. Rick Jahnke of Port Townsend spoke in favor of his proposed suggested Comprehensive Plan amendment #LUP11 -015, Kah Tai Lagoon Park Policy. He stated that the announcement for this hearing was published in the Leader and reads • "It is now clear through forensic reconstruction of the records that the Kah Tai Lagoon Nature Park is in fact a federally created and federally protected park in Planning Commission Meeting Minutes - April 14, 2011 Page 3 of 8 perpetuity." Apparently, past records and corporate memory about these federal • restrictions have been lost and were never formally referenced in the Comprehensive Plan when it was written in the mid- 1990's. He is proposing this amendment to insure the Comprehensive Plan acknowledges the existing federal obligations to the Kah Tai Lagoon Nature Park to prevent contractual penalties that can be applied if the City were to illegally convert protected park land to other uses. He feels there is a clear need to clarify this in the Comprehensive Plan. This proposal meets the approval criteria as it is based on new information that was not considered during the Comprehensive Plan adoption process or during any previous annual amendments to the Comprehensive Plan. He agrees with the recommendation of City Staff to docket the proposed amendment with the stipulation that no effort to work on a policy will be put forth by City staff until the boundary has been resolved. Jim Todd of Port Townsend spoke in favor of the proposed suggested Comprehensive Plan amendment #LUP11 -015, Kah Tai Lagoon Park Policy. He stated since March 2010, over 1,440 residents throughout Jefferson County have signed the Friends of Kah Tai petition opposing the use of the Kah Tai Lagoon Nature Park as a site for any project that would diminish the quality of wildlife habitat in the park. The City and the Port signed a contract in 1981 to establish a wildlife park at the Kah Tai Lagoon. Funds from the National Park Service, Resource Conservation Office and private land donations were received with the objective of fulfilling the contract. The City and Port failed to consolidate their holdings under City management as required by the contract. Now the Port is essentially ignoring their contractual obligations by insisting that the land along Sims Way was not part of the original park. The Kah Tai Lagoon • Nature Park needs to be protected from development such as Make Waves Aquatic Center. The future of this park has been unsettled for 30 years and it is time to set the record straight. He asked the Planning Commission to docket this comprehensive plan amendment. Rosemary Sikes of Port Townsend and President of Admiralty Audubon submitted written comments and spoke in favor of the proposed suggested Comprehensive Plan amendment #LUP11 -015, Kah Tai Lagoon Park Policy. She feels it is important to act now, because the next opportunity for this amendment to be considered is 2014. Admiralty Audubon and the Friends of Kah Tai hired an attorney for a legal opinion on this matter. Analysis by the attorney shows that new information obtained from the historical records subjects public land surrounding Kah Tai Lagoon to protection in perpetuity because of the Land and Water Conservation Fund Grant which was co- sponsored by the City and the Port in 1981. Both public entities are obligated to fulfill their contractual agreement. It is important that the City's Comprehensive Plan reflect the federal level of protection afforded Kah Tai Lagoon Nature Park for future planning purposes. She also referenced the Environmental Impact Assessment (EIA) accompanying the 1981 grant application and the 1986 City of Port of Townsend Comprehensive Parks and Recreation Plan which clearly show the intent to create this nature park. Brenda McMillan of Port Townsend spoke in favor of the proposed suggested Comprehensive Plan amendment #LUP11 -015, Kah Tai Lagoon Park Policy stating • that it is important that this amendment be recorded now so it does not get lost. The fact that the boundary is being disputed by the City and Port does not have any Planning Commission Meeting Minutes - April 14, 2011 Page 4 of 8 bearing on the Planning Commission's decision on whether or not to accept the • amendment. Teri Nomura of Port Townsend spoke in favor of the proposed Comprehensive Plan amendment #LUP11 -025, Nomura property Rezone. She stated that in 2007, at the request of the City, she went through the process to change the zoning of the corner portion of the Nomura property to commercial /mixed use. This amendment to transpose the lower density zoning (R -II) with the higher density zoning (R -III) is appropriate in order to put the higher density zoning adjacent to the commercial /mixed use zoning. She has no objection to this zoning change and feels it is important that the City move forward with this amendment. Mary McDowell of Port Townsend spoke in favor of the proposed suggested Comprehensive Plan amendment #LUD11 -015, Kah Tai Lagoon Park Policy. She conducted research on the documents and newspaper articles from the 1980's. She urged the Planning Commission to docket this amendment for consideration by the City Council and not disregard the voices of the past and the voices today. David Hero of Port Townsend spoke against the proposed suggested Comprehensive Plan amendment #LUP11 -015, Kah Tai Lagoon Park Policy. He stated that he attended all the meetings where the creation of this park was discussed. He was strongly opposed to strip development along Sims Way and he wanted the park. He believes in protecting the natural aspects of the park, however, he questions if it is necessary for the City to waste time and resources on making this the law, when it • already is the law. Once the park boundary is defined, the federal law protects it. No further laws are necessary. He feels it is a waste of time to put amendments in the Comprehensive Plan that basically say "if it is illegal, we won't do it." He asked the Planning Commission to put this away and get on with more important business. Julie Jaman of Port Townsend spoke in favor of the proposed suggested Comprehensive Plan amendment #LUP11 -015, Kah Tai Lagoon Park Policy. She is a member of the Friends of Kah Tai and she takes umbrage to the comment that this is a waste of the City's time. It is a backwards slap to the hundreds of people who put in thousands of hours around this park. It is incredible to her that anyone would think it is not worth the time to finally clarify it in our Comprehensive Plan. She feels this is a really good move to make. Just because the law is the law, does not take care of institutional memory. It is time to give it a real home in the Comprehensive Plan and in our community. Kah Tai Lagoon Nature Park is a fabulous place. It is our version of Central Park and there is nothing like it. It is irreplaceable and it needs to be identified and protected in perpetuity. Ms. Surber pointed out that Mr. Jahnke provided comments during his oral testimony that the Planning Commission may want to incorporate into its findings with regard to the need and appropriateness. Specifically, he referred to institutional memory and the fact that the City did lose track of this at one point in time. This amendment will ensure that this does not happen again. It is important that the City does not lose sight of the federal designations in order to avoid penalties. If the law is the law, and • it applies to the property, then perhaps there is no harm in adding that language to the Comprehensive Plan. She noted that once the boundary is determined, adding Planning Commission Meeting Minutes -April 14, 2011 Page 5 of 8 language to the Comprehensive Plan will not take much time provided that there is • agreement and no controversy. Eric Toews, Planning Analyst for the Port of Port Townsend clarified a point about process and the Port Townsend Municipal Code (PTMC). It is true that if the suggested Comprehensive Plan amendment for the Kah Tai Lagoon Park Policy is not docketed in 2011, then the Planning Commission will not have an opportunity to hear the matter again until 2014. However, amendments to the PTMC, particularly the zoning code, which relate to this site, can be taken up by the City at any point in time. Once the 6f3 designation is delineated by the Resource Conservation Office, any use restrictions that may be inconsistent with that designation can be addressed at any time without recourse to the time limitation set forth in Chapter 20.04 PTMC. David Hero of Port Townsend clarified that the issue is not that everyone forgot about the agreement they signed back in 1981, the issue is that there is a dispute about what was agreed to in 1981. The argument that passing this amendment will make it so we don't forget again is irrelevant, because the dispute is not that they agreed to it and then forgot, the dispute is that they did not agree to it in the first place. That is why the issue is being decided by the Resource Conservation Office. It is a legal question. Rick Jahnke of Port Townsend referenced an email dated March 22, 2011 from City Manager David Timmons to the Resource Conservation Office that was copied to the . City Council regarding the arguments that have been put forth as to why the Port land should not be included in the 6f boundary. Much of that involves the lease of the land between the Port and City. Chair Ray asked Mr. Jahnke to provide clarification without bringing up new information. Mr. Jahnke continued by clarifiying that it is a matter of forgotten, not a matter of disagreement. In Mr. Timmons' email previously mentioned, he states "The subsequent lease has no bearing on the 6f determination." Hearing no further testimony, Chair Ray closed public testimony portion of the hearing. Commission Deliberation and Action After deliberations on each amendment, the Commission took the following action. Motion: Monica Mick -Hager moved to approve recommending to the City Council that the Nomura Property Rezone amendment #LUP11 -025 be included on the 2011 Comprehensive Plan Docket. Steven Emery seconded. Vote: motion carried unanimously, 4 -0 by voice vote. Cate Comerford abstained. is Motion: Gee Heckscher moved to approve recommending to the City Council Planning Commission Meeting Minutes - April 14, 2011 Page 6 of 8 that the Cherry Street Rezone amendment #LUP11 -026 be included on the 2011 Comprehensive Plan Docket. Monica Mick -Hager seconded. Vote: motion carried unanimously, 4 -0 by voice vote. Cate Comerford abstained. Motion: Steven Emery moved to approve recommending to the City Council that the Beech Street Rezone amendment #LUP11 -027 be included on the 2011 Comprehensive Plan Docket. Monica Mick -Hager seconded. Vote: motion carried unanimously, 4 -0 by voice vote. Cate Comerford abstained. Motion: Monica Mick -Hager moved to approve recommending to the City Council that the Kah Tai Lagoon Park Policy suggested amendment #LUP11 -015 be included on the 2011 Comprehensive Plan Docket. Gee Heckscher seconded. After discussion and clarification of the action being requested of the Planning Commission, Chair Ray called for a vote on the motion. Vote: motion carried unanimously, 4 -0 by voice vote. Cate Comerford abstained. OLD BUSINESS Update on Howard Street Corridor Land Use Process (Judy Surber, Planning Manager) Ms. Surber reported that the City has retained the services of Consultant BergerABAM for work on the Howard Street corridor land use process which primarily includes the design of Howard Street between Upper Sims Way and Discovery Road, and also includes a schematic design for extending Howard Street to 20th Street. A meeting with City staff and consultant representatives was held this week and it is anticipated that an update on the design will be given during the Planning Commission meeting scheduled for May 26, 2011. UPCOMING MEETINGS April 28, 2011 (Cancelled) May 12, 2011 (Cancelled) May 26, 2011 - Staff Report on Howard Street Corridor Land Use Process COMMUNICATIONS • Commissioner Emery commented on radioactive isotopes being found in surface water and he suggested there be a public announcement on how Port Townsend's water Planning Commission Meeting Minutes -April 14, 2011 Page 7 of 8 system is being protected. ADJOURNMENT Motion: Gee Heckscher moved to adjourn the meeting at 8:17 p.m. Cate Comerford seconded. Vote: motion carried unanimously, 5 -0 by voice vote. Attest: City Clerk's Office 0 40 Planning Commission Chair Planning Commission Meeting Minutes - April 14, 2011 Page 8 of 8