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HomeMy WebLinkAbout110311CITY OF PORT TOWNSEND MINUTES OF THE PLANNING COMMISSION SPECIAL MEETING OF NOVEMBER 3, 2011 CALL TO ORDER The Planning Commission met in special session the 3rd day of November 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, Sarah Bowman, and Steven Emery. Staff members present were Development Services Department Director Rick Sepler, Senior Planner /Planning Manager Judy Surber, Public Works Director Ken Clow, Parks and Recreation Manager Jeremy Bubnick, and Deputy Clerk Erin Lundgren. CHANGES TO AGENDA There were no changes to the agenda. APPROVAL OF MINUTES: OCTOBER 13, 2011 Commissioner Heckscher noted the following correction to page 2 under "Nomura Rezone (LUP11- 025)" in the second sentence of the second paragraph the word "be" needs to be placed between the words "will' and "provided." Motion: Steven Emery-moved to approve the minutes of October 13, 2011 as corrected. Cate Comerford seconded. Vote: motion carried unanimously, 5 -0 by voice vote. Sarah Bowman and Jerauld Fry abstained. GENERAL PUBLIC COMMENT Peter Badame commented on the need for providing playground and recreational facilities for children in the Castle Hill area west of Sheridan Avenue. A few years ago he and his wife purchased property next to their home, and with the assistance of neighbors they built a playground which has since become a neighborhood park and a place that has brought their neighbors together. He asked about the process to change the zoning of certain property from residential to open space? Chair Ray explained that specific questions about process should be directed to the Development Services Department staff who can provide guidance and give clear and concise answers. Planning Commission Special Meeting Minutes - November 3, 2011 Page 1 of 7 2011 COMPREHENSIVE PLAN AMENDMENTS - GROUP II (DISCUSSION ONLY - NO ACTION REQUIRED) Senior Planner /Planning Manager Judy Surber reviewed the staff report on the 2011 Comprehensive Plan Docket - Group II dated October 27, 2011 and revised October 31, 2011. She explained that all the items in Group II relate to parks and recreation or specifically relate to Kah Tai Lagoon Park. The staff report outlines the criteria which must be used as a basis for the Planning Commission's recommendations which will be forwarded to the City Council. The two site- specific amendments relating to the Kah Tai Lagoon Park not only must meet this criteria, but they are also subject to an additional set of criteria also outlined in the report. Additionally, alternative options for each amendment have been included. The purpose of this meeting is to provide information to the Planning Commission. While the Commissioners may ask clarifying questions, request additional information or suggest additional alternative options, there will be no public testimony, deliberations, decisions or action taken at this meeting. Some of the items are quasi - judicial matters and the Commission was advised to be cognizant of that fact. Review under the State Environmental Policy Act (SEPA) regulations will be conducted in the near future and will allow for public comment which is anticipated to begin November 16, 2011. A public hearing on all of the Comprehensive Plan amendments is tentatively scheduled for December 1, 2011. Add Two New Comprehensive Plan Parks, Recreation and Open Space Goals and Related Policies Regarding Administration & Operations, Budget & Funding Ms. Surber stated that during the update to the Parks and Recreation Functional Plan, goals and policies were established relating to administration and operations, as well as to budget and funding. There are no issues with these amendments. If approved, they will be included in both the Comprehensive Plan and the Parks and Recreation Functional Plan. Parks and Recreation Manager Jeremy Bubnick explained that he worked with the Parks, Recreation and Tree Advisory Board to establish these goals and policies which define the administration and operations of the plan in more detail. Additionally, specific budget goals and policies were created to address sustainable funding for the future. In response to a question about how the economic benefit to the community will be measured, Mr. Bubnick replied that while it is known that parks and recreation /special events have an economic benefit to the community, the means or method to measure that benefit have yet to be determined. Kah Tai Lagoon Park Policy - (LUP11 -015) Ms. Surber explained that this "quasi- judicial" amendment is being proposed by the Friends of Kah Tai (Rick Jahnke, authorized representative). The amendment is to add a new parks and recreation policy to the Land Use Element of the Comprehensive Plan, Planning Commission Special Meeting Minutes - November 3, 2011 Page 2 of 7 The Comprehensive Plan currently contains a policy (Policy 4.5) which directs the City to "maximize environmental protection" on park land. While the existing policy provides general direction for all parks, the proposed policy is specific to Kah Tai Lagoon Nature Park and is exclusive in function and is in perpetuity. Specifically, the proposed amendment is to add policy 4.5.1 which states: "Extend maximum environmental protection in perpetuity for the exclusive open space, wildlife habitat, and passive outdoor recreation functions within Kah Tai Lagoon Nature Park." There are several exhibits attached to the staff report that relate to this proposal. Exhibit 1 shows the Kah Tai Lagoon Nature Park ownership: the property shown in green is owned by the City, while the property shown in blue is owned by the Port of Port Townsend (Port) and is currently being leased by the City. The lease is due to expire in July 2012. All of the property shown in green and blue is currently zoned as Parks and Open Space (P /OS). This zoning designation applies to all existing parks and recreation areas owned by the State, County, or City, as well as to City -owned or controlled lands which provide valuable natural and open space functions. While the P /OS zoning designation currently applies to the property being leased by the City from the Port, once the lease expires and the property reverts back to the Port's private ownership, the Port could apply to have the property rezoned. If the Port applies to have the property rezoned, staff would review the merits of the application and consider whether or not the 6f3 legal obligations apply to the property. Exhibit 2 is titled "Kah Tai Park Background" and describes the 6f3 boundary as the area of property subject to the legal obligations that came with being awarded a Federal Land and Water Conservation Fund Acquisition Grant in 1981. The City and Port were co- sponsors of the grant and both agencies signed the grant agreement. Currently, the City and Port have different opinions as to the 6f3 boundary and whether or not it includes the Port-owned property. The National Park Service (NPS) recently issued a letter stating that the 6f3 boundary does include the Port-owned property. The Port has filed a lawsuit contesting the final boundary determination by the NPS. Therefore, the Court will decide the issue. While the outcome of the Court's decision will affect how the City addresses the Port-owned property, the 6f3 boundary does apply to the City -owned property. Additionally, the Shoreline Master Program (SMP) shows that the City -owned portion of the property is designated "Natural" which is the most protective shoreline designation under the SMP and is also the most limiting in uses as it reflects the sensitivity of migratory waterfowl for this location. The portion of the Port-owned property within the shoreline designation boundary (within 200 feet of the ordinary high -water mark) is designated "Conservancy" and allows for some uses, however, not all of the Port-owned property is located within the shoreline designation boundary. The portion of the Port- owned property which is not covered by the shoreline designation would be governed by the underlying zoning designation. Ms. Surber noted that Kah Tai Lagoon Nature Park is located within or in close proximity to critical areas that are seismically hazardous, frequently flooded, wetland habitat and priority habitat for wildlife. Any future development within these critical areas or their respective buffers would require review under the City's Critical Areas Ordinance. Planning Commission Special Meeting Minutes - November 3, 2011 Page 3 of 7 The 1986 Comprehensive Parks and Recreation Plan describes what types of uses were envisioned for Kah Tai Lagoon Nature Park and is based on results of a 1975 survey and a 1979 questionnaire. It shows that there was not only a strong emphasis on preserving and protecting waterfowl nesting areas and the sensitivity of wildlife, but also for providing walking and jogging trails, handicapped access, observation stations and an interpretive center. This criteria was carried forward into the 1991 Comprehensive Parks and Recreation Plan and the 1999 Comprehensive Parks, Recreation and Open Space Plan. Regarding the proposal by a local non - profit organization "MAKE WAVES" to develop an aquatic center on the Port-owned property, Ms. Surber stated that no applications have been submitted to the City for this proposal. If an application is received it will be subject to the City's current development regulations which include review under SEPA, and the Critical Areas Ordinance. The results of the 2010 community survey and community meeting are outlined in Exhibit 2. There is strong emphasis on open space, nature paths, trails and wildlife corridors. Ms. Surber pointed out the list of the top five needs /dreams that were identified by the participants at the community meeting and she noted that dream #2 is to develop a multi- purpose aquatic center and dream #3 is to keep Kah Tai Lagoon Nature Park designated as open space and for the City to secure the Port property. Clarifying questions were answered as Ms. Surber reviewed the issues and options for the Planning Commission's consideration. She noted that there needs to be clarification of what area is included within Kah Tai Lagoon Nature Park. The park policies which are currently in the Comprehensive Plan reference "City parks" only and do not specifically reference "Kah Tai Lagoon Nature Park." City parks are either City -owned or City - controlled property. Currently, Kah Tai Lagoon Nature Park consists of property that is City -owned and City - controlled (property leased from the Port). When the lease between the City and Port expires the Port property will no longer be City - controlled. Therefore, the language needs be clear whether or not the Port property is included. Development Services Department Director Rick Sepler explained that the reason this application is being considered when there is pending litigation, is because the decision of the National Park Service is in effect until such time as a court takes action to overturn the decision. No "stay" or "injunction" has been granted to stop any proceedings. As such, staff continues to process the proposed amendment. The purpose of the Planning Commission's public hearing on this amendment is to determine if it is appropriate for the Comprehensive Plan. Kah Tai Lagoon Park Policy Alternative Language - (LUP11 -055) Ms. Surber explained that given the stated purpose of the original Comprehensive Plan amendment application submitted by the Friends of Kah Tai, staff developed suggested alternative language that specifically documents the legal obligations that apply to the parcels within the 6f3 boundary. The suggested alternative language will prevent the Planning Commission Special Meeting Minutes - November 3, 2011 Page 4 of 7 legal obligations from being forgotten and will allow for reference to the appropriate manuals and ensure compliance in the future. Specifically, the suggested alternative language for policy 4.5.1 states: "Extend maximum environmental protection in perpetuity for the exclusive open space, wildlife habitat, and passive outdoor recreation functions within Kah Tai Lagoon Nature Park." After reviewing the issues and alternative options, Ms. Surber answered clarifying questions. Amend the Comprehensive Plan to Clarify the Relationship Between Comprehensive Plans & Functional Plans Ms. Surber explained that this amendment clarifies that the adoption of a functional plan is not required to go through the Comprehensive Plan amendment process, provided that the functional plan implements and is consistent with the goals and policies of the Comprehensive Plan. The reason for this proposed amendment is that during the recent update to the Parks, Recreation and Open Space Functional Plan, there were questions about the City's procedural approach. Specifically, it was argued that the Parks Plan update should be processed as a Comprehensive Plan amendment. Though staff maintains, and the Department of Commerce concurs that a Comprehensive Plan amendment is not required, staff felt that a Comprehensive Plan amendment would be the most expeditious way to move forward with the Parks, Recreation and Open Space Functional Plan. There are no issues with this proposed amendment. The alternative option is not to take any action which could expose the City to future challenges. Recent concerns have made it evident that the City should explicitly document its existing process for updating functional plans. Adoption of Amendments to the Port Townsend Parks, Recreation and Open Space Functional Plan (LUP11 -034) Ms. Surber stated that Mr. Bubnick has been working on this plan with the Parks, Recreation and Tree Advisory Board. She noted that the plan is also posted on the City's website. Mr. Bubnick stated that this Parks, Recreation and Open Space Functional Plan replaces the 1999 plan and represents the City's vision, goals and objectives for the development of parks and open space in Port Townsend for the next six years and beyond. The overall objective of the plan is to develop park and recreation facilities and programs which are responsive to the needs and interests of the Port Townsend residents. Updating the plan will maintain the City's eligibility for state and federal grant funding administered by the Washington State Recreation and Conservation Office (RCO). The specific elements of the plan include: an analysis of the City's population and setting; an analysis of the inventory of the City's existing parks, open space and recreation facilities; an overview of the current parks and recreation division operations; and an assessment of the community parks and recreation programs and facility needs. It also contains Planning Commission Special Meeting Minutes - November 3, 2011 Page 5 of 7 recommendations for acquisitions and development/improvement of parks, recreation and open space within the City and a recommendation for funding and implementing the plan. The process for updating the plan began in the spring of 2010. Staff worked with a consultant and the Parks, Recreation and Tree Advisory Board to begin compiling the program and facility inventory and the community profile. He pointed out that the 2009 Comprehensive Plan outlines a level of service standard of 7.6 acres per 1,000 residents. Based on the City's population of approximately 9,100 residents, the City must have 69.2 acres of park land to meet that level of service. Currently, the City's inventory consists of 115.9 acres of park land which includes the portion of the Kah Tai Lagoon Nature Park property owned by the Port of Port Townsend, as well as the unopened rights -of -way. Excluding the Port's property, based on the lease expiring in July 2012, the City still has an overall inventory of 86.9 acres which meets the level of service standard for park lands. However, in looking at projected population figures, there will be a deficiency of approximately 14 acres by the year 2024. Some of the projects in this plan that are recommended for implementation will help address that shortfall. Mr. Bubnick stated that in 2010 a community parks and recreation survey was sent to 2,250 random households within the City and 562 of those surveys were returned. A youth recreation survey was also conducted and a community meeting was held to obtain input from citizens. After gathering all the data, a demands and needs assessment was created and used as a basis for developing the implementation of the plan and the subsequent Capital Improvement Program. He noted that care was taken to put together a realistic plan of action, while taking into account the economic situation and financial strain facing most public agencies. He acknowledged that not every recommendation may be accomplished within the six year duration of this plan. However, as funding remains scarce, diligent work will be conducted to leverage local funding against possible matching grants. Donations of labor, funds and land will also be explored to fulfill the needs of the community. The plan also lists different options and strategies to aid in the completion of the recommendations. The first draft of the Parks, Recreation and Open Space Functional Plan was completed and approved by the Parks, Recreation and Tree Advisory Board in May 2011. Since that time, there have been numerous public comments and suggestions which staff reviewed and used as a basis for revising the plan. The draft plan for consideration shows the revisions in "track changes" with text strike outs and underlines. Staff responded to clarifying questions. In the staff report under "Issues & Options" it is noted that Kah Tai Lagoon is listed in the Capital Facilities & Utilities Element - Current Facilities as follows: "Kah Tai Lagoon 40 Open space /wildlife park ..." It was questioned what "40" refers to? Ms. Surber replied she believes it refers to "40 acres ", but she will check to confirm. In closing, the following suggestions were made: 1) Sather Park be noted as being a wildlife habitat which is a limitation for the park; and 2) remove the sequential numbering from the Capital Improvement Project Table because the projects are not listed by priority. Mr. Sepler explained that the members will have the opportunity to suggest Planning Commission Special Meeting Minutes - November 3, 2011 Page 6 of 7 revisions to the plan after the Planning Commission takes public comment at the hearing. He asked the members to bring their proposals to the hearing, at which time they can be considered by the Planning Commission. Ms. Surber added that staff's response to public comments will be included in the Commission's packets for the hearing scheduled on December 1, 2011. None UNFINISHED BUSINESS UPCOMING MEETINGS Thursday, November 10, 2011 (Cancelled) Thursday, December 1, 2011 - Public Hearing re: 2011 Comprehensive Plan Amendments Thursday, December 8, 2011 (Tentative) ADJOURN Motion: Steven Emery moved to adjourn the meeting at 7:59 p.m. Cate Comerford seconded. Vote: motion carried unanimously, 7 -0 by voice vote. Attest: Planning Commission Chair City Clerk's O ice Planning Commission Special Meeting Minutes - November 3, 2011 Page 7 of 7