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HomeMy WebLinkAbout072811CITY OF PORT TOWNSEND MINUTES OF THE PLANNING COMMISSION MEETING OF JULY 28, 2011 CALL TO ORDER The Planning Commission met in regular session the 28th day of July 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, Cate Comerford, Jerauld Fry, Gee Heckscher, and Steven Emery with Sarah Bowman absent. Staff members present were Senior Planner /Planning Manager Judy Surber, and Deputy Clerk Erin Lundgren. CHANGES TO AGENDA Motion: Steven Emery moved to approve the following change to the agenda: to move the public hearing ahead of general public comment in order to provide the opportunity for general public comment to anyone that may arrive later during the meeting. Jerauld Fry seconded. Vote: motion carried unanimously, 6 -0 by voice vote. APPROVAL OF MINUTES Motion: Jerauld Fry moved to approve the Minutes of July 14, 2011 as submitted. Cate Comerford seconded. Vote: motion carried unanimously, 5 -0 by voice vote. Gee Heckscher abstained. PUBLIC HEARING Proposed 2011 Amendments to the Critical Areas Ordinance and Shoreline Master Program Chair Ray explained the public hearing procedures and then introduced Senior Planner /Planning Manager Judy Surber who reviewed the 2011 proposed amendments to the Critical Areas Ordinance and Shoreline Master Program. Ms. Surber stated that the Planning Commission held a workshop on July 14, 2011 to review the draft ordinance. Most of the amendments are minor Planning Commission Meeting Minutes - July 28, 2011 Page 1 of 5 revisions, however a few are more substantive and relate to a FEMA mandate to comply with the Endangered Species Act (ESA) and the equitable application of buffer and setback requirements for infill development and single platted or unplatted lots. The only changes to this version of the ordinance from the version reviewed at the workshop is the removal of the rationale statements and the insertion of the findings. Chair Ray opened the hearing for public testimony. Hearing no testimony, Chair Ray closed the public testimony portion of the hearing. The following comments and suggested changes were made by the Commission: Page 13, line 5, states "Steep slope means 1. Any area with all three of the following characteristics: a. Slopes steeper than fifteen percent (15 %) which are any area with slopes of 40 percent or steeper that exceed a vertical height of 10 feet ...; b. Hillsides intersecting geological contacts with a relatively permeable sediment overlying a relatively impermeable sediment or bedrock; and c. Springs or ground water seepage." It was questioned whether a slope would be considered steep if there is no evidence of springs or ground water seepage? Ms. Surber confirmed that all three characteristics must be present to be considered a "steep slope" as the term relates to this ordinance. To prevent confusion Ms. Surber suggested changing the language to read "Steep slopes regulated by this ordinance means ..." After further discussion, it was agreed that the languange will be changed to read "Steep slopes, regulated ..." If there is a more accurate geological term that can be used then it can be presented to the City Council during its review of this ordinance. Page 13, line 4, it was suggested that the number "1." be deleted since there is no need to numerate the sentence. Page 13, line 30 ends with the word "and ", but nothing follows. Ms. Surber explained that this ordinance only contains the sections with changes. There is language which follows the word "and" in the existing ordinance. Page 10, line 8 states "i. On four lots or less..." It was questioned if this refers to City lots and if all City lots are the same size? There was confirmation that this section does refer to City lots and that not all City lots are the same size. Ms. Surber clarified that there are no proposed changes to the language in this section which is directly quoted from the existing ordinance, therefore it is not subject to comment at this hearing. If there is concern about the existing language it can be addressed at a future date. Ms. Surber explained that this section relates to the submittal of construction plans and Planning Commission Meeting Minutes - July 28, 2011 Page 2 of 5 the required scale or level of detail, so the statement of "four lots or less" is not a critical number. Page 15, lines 1 -40, address protecting wildlife habitat. It was questioned why there is so much emphasis on wildlife habitat when there is so little of it in the City. It was noted that there are some areas within the City that contain critical wildlife habitat which needs to be preserved. Ms. Surber explained that the City is required by law to protect certain federal and state listed threatened or endagered species. Beyond that the City can choose to do more by protecting priority species which it has done in certain areas. This ordinance will require a habitat plan where certain wildlife habitat exists. For instance, Eagle Management Plans do not typically prohibit construction, they usually place limitations on when construction can occur in order to restrict construction activity during a nesting period. Page 15, line 9, states "... The assessment shall be:..." It was questioned if the word "be" should be "include ?" Ms. Surber replied that the language comes from the FEMA model ordinance and she believes the accurate word is "be." Page 15, line 21, the word "determine" contains a hyphen. Ms. Surber stated that is an error and she will correct it. Page 15, lines 20 and 40 refer to FEMA Region "X." Ms. Surber will replace "X" with the actual FEMA Region number. Page 19, line 23, the term "anadromous" fish habitat is used. It was questioned what the term means? Ms. Surber stated that the term describes a fish which spends a portion of its life in fresh water and a portion of its life in salt water. During the workshop held two weeks earlier, it was recommended to Mr. Sepler that a definition for this term be included with the working definitions being established. Page 5, line 25, it was suggested that the strike -out of the word "a" be removed so it reads "... If a shoreline permit ..." Ms. Surber stated she will make the proposed change. Page 21, line 6 states "... unless otherwise waived by the Director." It was questioned if the Director can waive plans for any reason? Ms. Surber replied that the ordinance gives the Director the authority to waive special studies. Page 16, line 2, it was suggested that the word "qualifying" be changed to "qualify." Ms. Surber stated she will make the proposed change. Page 20, lines 10 -16, refer to slope characteristics. A question was posed regarding why the ordinance doesn't address the effects on property from wind and storms. Ms. Surber explained that usually an episodic event Planning Commission Meeting Minutes - July 28, 2011 Page 3 of 5 is based on the fact that during a storm there is a considerable amount of water entering the soils that are weakended due to the saturation. It was noted that the issue of stormwater runoff is addressed on page 20, lines 21 through 24. Ms. Surber stated that the language on page 20 relating to steep slopes will assist her in developing language for the definition of "steep slope" as previously discussed. At the conclusion of the hearing there was consensus to move forward with a vote on the ordinance and that no further review is necessary. With no further discussion, Chair Ray closed the public hearing. Motion: Gee Heckscher moved to approve the proposed amendments to the Shoreline Master Program and Critical Areas Ordinance with the findings as corrected and recommend that the City Council adopt the amendments to the ordinance. Steven Emery seconded. Vote: motion carried unanimously, 6 -0 by voice vote. GENERAL PUBLIC COMMENT (LIMITED TO 3 MINUTES PER PERSON - FOR ITEMS NOT ON THE AGENDA) There were no public comments. None UNFINISHED BUSINESS UPCOMING MEETINGS Ms. Surber reported that it is unlikely the Planning Commission will have a meeting in August due to the fact that Development Services Department Director Rick Sepler is still waiting to receive the economic information from the economist consultant company Spinnaker Strategies which will assist him with the Howard Street Overlay project. The next scheduled meeting is September 22, 2011 which will be a workshop on the Comprehensive Plan Amendments. Three members stated that they are unavailable for the September 22nd meeting. After discussing alternative dates, Ms. Surber stated that she will work with the City Clerk and electronically poll each member to find another date for the meeting. A public hearing on the Comprehensive Plan Amendments is scheduled for October 13, 2011. Ms. Surber stated that due to the numerous amount of items Planning Commission Meeting Minutes - July 28, 2011 Page 4 of 5 on the docket and their complexity, more than one hearing may need to be held. /_11186111001 Motion: Gee Heckscher moved to adjourn the meeting at 7:27 p.m. Cate Comerford seconded. Vote: motion carried unanimously, 6 -0 by voice vote. Attest: Planning Commission Chair f�A ." t4d-. A(.VQ� ity Clerks 15ff ce Planning Commission Meeting Minutes - July 28, 2011 Page 5 of 5