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HomeMy WebLinkAbout061412 CITY OF PORT TOWNSEND MINUTES OF THE PLANNING COMMISSION MEETING OF JUNE 1412012 CALL TO ORDER The City of Port Townsend Planning Commission met in regular session the fourteenth day of June 2012 in Council Chambers, 540 Water Street. Chair Steven Emery called the meeting to order at 6:30 p.m. ROLL CALL Commissioners present at roll call were Monica Mick-Hager, Jerauld Fry, Gee Heckscher, and Steven Emery with Sarah Bowman absent. Staff members present were Public Services Director Rick Sepler, City Clerk Pam Kolacy, and Planning Manager Judy Surber. CHANGES TO AGENDA Motion: Jerauld Fry moved to approve the agenda as presented. Monica Mick- Hager seconded. Vote: motion carried unanimously, 4-0 by voice vote. APPROVAL OF MINUTES: FEBRUARY 23, APRIL 12, MAY 10 Motion: Jerauld Fry moved to approve the minutes of February 23, 2012. Monica Mick-Hager seconded. Vote: motion carried unanimously, 3-0 by voice vote. Motion: Jerauld Fry moved to approve the minutes of April 12, 2012 Monica Mick-Hager seconded. Vote: motion carried unanimously, 3-0 by voice vote. Motion: Jerauld Fry moved to approve the minutes of May 10, 2012. Monica Mick-Hager seconded. Vote: motion carried unanimously, 4-0 by voice vote. GENERAL PUBLIC COMMENT There was no general public comment. PUBLIC HEARING DELIBERATIONS RE: AMENDMENTS TO NONCONFORMING USE PROVISIONS (PTMC CHAPTER 17.88 AND 20.01 Public Services Director Rick Sepler stated that the recommended settlement agreement between the City and the Port has been included in the meeting materials and Commissioners may ask questions and comment on the document Planning Commission Meeting June 14, 2012 Page 1 of 4 but it is beyond the scope of the decisions to be made at tonight's public hearing. The specific issue before the Commission is the proposed changes to zoning regulations in the Boat Haven. Planning Manager Judy Surber reviewed general information on non-conforming uses. She stated that until 1997 changes to non-conforming uses were allowed by the Port Townsend Municipal Code as long as they were not more intensive than the existing use. Recently, the Development Services Department realized this change had been made and upon receiving some inquiries, decided to re-visit this decision. She noted the City-wide amendment allowing a legal nonconforming use to be changed to another similar or less intensive use subject to a Type I administrative process is one that the staff had been looking at prior to the current City and Port proposal. Research has shown that many other cities have similar regulations. The two amendments brought forward with the settlement agreement that apply only to Boat Haven would allow limited expansion of nonconforming uses and would allow existing nonconforming uses in the Boat Haven District to be expanded within limits prescribed by the municipal code. Staff has suggested a cap of 1500 square feet for each legal nonconforming use. At this time there are four nonconforming uses in the Boat Haven but one is moving out so only three would be able to take advantage of the changes. The Findings include a reference to the settlement agreement and the fact that the Port's shipyard would function more effectively by moving these non-conforming uses away from marine-related uses so that the marine-related uses can be better served by the haul-out. In addition, findings note that the 2008 economic recession represents changed circumstances since adoption of the 1996 Comprehensive Plan and the proposed amendments allow greater flexibility which would facilitate economic development while still providing appropriate safeguards to ensure health and safety and community character. A minor revision to PTMC 20.01 is included to add nonconforming change of use as a Type I permit and Nonconforming Relocation/Expansion as a Type II permit. Public comment Eric Toews, Planner for the Port of Port Townsend said that the Port is wholeheartedly in favor of the amendments proposed. He went through the primary points in the findings and conclusions showing the Port's support of each of them. He added that allowing relocation helps to further protect and support existing businesses while assuring that no additional non-conforming uses will be allowed and that shoreline use will be maintained. Planning Commission Meeting June 14, 2012 Page 2 of 4 Sue Ohlson of Sunrise Coffee in Port Townsend, stated that much of their earnings are given back to the local community and non-profits. The coffee company was founded 17 years ago. They love being part of the local boatyard and their business has been growing even during the current economic downturn. She added that they would like to continue growing their business in a larger location within the Port. There was no further public comment and Chair Emery closed the public comment portion of the hearing. In response to questions, Ms. Surber stated that there are currently three non- conforming uses in the M(2)(A) zone which is affected by the proposed regulations. Staff clarified the location of the former Port Townsend Lumberyard which is now used for Port storage, and answered several questions about other locations within the Port. "Maintenance of traffic circulation" was defined by staff in regard to the street vacations proposed. Basically, that means that sites must still be accessible after street vacations have been completed. Discussion ensued about the potential "allowed commercial uses" of the docks after the transfer to the Port. Mr. Sepler noted that the concern was also raised by Council and Port Commissioners. He stated there are significant limitations on use under the shoreline plan. Temporary uses such as a fish and chips stand would be allowed. Water dependent uses such as a ferry terminal could be done but would be subject to a permit process through both the city and the state. The rights to uses the City has would be the same for the Port. The Shoreline Master Plan is focused on continuing public access. Mr. Toews added that the types of uses allowed under the Shoreline Plan are the types that would encourage pedestrian activity and use of the facilities. There would be no incentive or desire by the Port to bar pedestrian access. It was noted that the Port Townsend Brewery is currently an approved use in the Boat Haven. Current non-conforming uses are PT Furniture Clinic, Skookum, and Sunrise Coffee. Motion: Jerauld Fry moved recommend that City Council adopt revisions to the nonconforming use provisions in Chapter 17.88 and 20.01 as set forth in the attached draft ordinance. Gee Heckscher seconded. Vote: motion carried unanimously, 4-0 by voice vote. UNFINISHED BUSINESS NEXT MEETING: TO BE DETERMINED Planning Commission Meeting June 14, 2012 Page 3 of 4 The date of the next meeting remains to be determined but it is likely that it will be in August. Commissioners asked that once a date is determined they be notified as far ahead as possible for scheduling purposes. ADJOURN Motion: Jerauld Fry moved to adjourn Gee Heckscher seconded. Vote: motion carried unanimously, 4-0 by voice vote. Attest: i £ iuv r Planning COmmissiori it P City Clerk's Office Planning Commission Meeting June 14, 2012 Page 4 of 4