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CITY OF PORT TOWNSEND
PLANNING COMMISSION MINUTES
MEETING AND PUBLIC HEARING
JUNE 22, 2006 7:00 PM
Fire Hall
Meeting Materials:
EXH. 1 Letter dated May 30, 2006 from Matt Elder, Shannon-Elder Yachts,
LLC to Rick Sepler RE: Zoning Text Amendment Request
EXH. 2 Point Hudson Vicinity Zoning Map, Revision 1.9, 12/152003
EXH. 3 SEP A Checklist, June 6, 2006 - Shannon-Elder Proposed Code Amendments,
Attaclnnent A
EXH. 4 Notice of Land Use Application, Pending SEPA Threshold Determination,
Planning Commission Workshop and Public Hearing, Shannon-Elder Yachts,
LLC (LUP06-0075)
EXH. 5 Draft of proposed ordinance, amending Table 17. 22.020
EXH. 6 Letter dated June 21, 2006 from Dave Robison, Northwest Maritime Center to
Port Townsend City Couocil and Planning Commission RE: Proposed
Amendments to Title 17 (LUP 06-075)
EXH.7 Letter dated June 22, 2006 from Larry Crockett, Port of Port Townsend to
Planning Commission RE: Text Amendment to C-II Zoned Property
EXH. 8 Staff Report dated June 19,2006 from Judy Surber to Planning Commission
RE: Public Hearing on Proposed Amendments to Title 17 (Zoning) Shannon-
Elder Yachts, LLC (LUP 06-075)
EXH. 9 Agenda, Planning Commission Hearing, June 22, 2006
EXH. 10 Guest List, Planning Commission Hearing, June 22, 2006
I. CALL TO ORDER
Chair Randels called the meeting to order at 7:00 PM.
II. ROLL CALL
Planning Commission members present were: Harriet Capron, Steve Emery, Alice King,
Roger Lizut, George Randels, Liesl Slabaugh and George Unterseher. Cindy Thayer was
excused.
III. ACCEPTANCE OF AGENDA
Mr. Rande/s moved that the agenda be accepted, as written. Afr. Lizut seconded, and the
minutes were approved, all in favor.
IV. APPROVAL OF MINUTES
Chair Randels stated that there were two sets of minutes to approve, May 25 and Juoe 8,
2006. He said that for the purpose of this meeting, the Juoe 8 set (Workshop - Shannon-
Elder proposed amendment) should be processed. He suggested that the draft be sent
Planning Commission Meeting
Minutes - June 22, 2006
Page 1 of5
along to the City Council as written, and that the May 25 minutes be deferred uotil the
end ofthe hearing after the other business.
V. GENERAL PUBLIC COMMENT
There was no public comment at this time.
VI. UNFINISHED BUSINESS
Public Hearing on Proposed Amendments to Title 17 (Zoning)
Shannon Elder Yachts, LLC (LUP 06-075)
Chair Randels began by reading the rules for public hearings and public testimony in their
entirety. He then asked if any Commissioner had any interest, financial or property, to disclose in
connection with this matter. Mr. Emery responded that although he was not legally required to do
so, in the interest of full disclosure he would make a statement. He said that he had been
employed by Fleet Marine for almost 10 years in the 1990's. However, it had been more than six
years since he had been employed there, and he had no ownership or other financial interest in
this matter. Chair Randels said that in his opinion that was perfectly fine and did not constitute a
conflict of interest.
Staff Presentation:
For the record, Ms. Judy Surber, staff planner, stated her name and position with the City of Port
Townsend. She said that the item before the Commission was a proposal by Shannon-Elder
Yachts, LLC along with the property owners of Fleet Marine, Gary and Nadine Jonientz, to
amend a use table in the City zoning code. The amendment, specifically, is to add boat building,
repair, maintenance and storage to be an allowed use in C-II and C-III zoning districts that are
contiguous with Point Hudson's M-IIB zone. She referred to EXH 2, a zoning map included in
the hearing packets. She pointed out that C-II , General Commercial, is color-coded Red, and C-
III, Historic Commercial, is Pink, while Point Hudson is Dark Green. There was a workshop for
the Planning Commission on June 8, 2006, and as written in the minutes the meeting materials
included five exhibits that pertained to this matter. She said that extra copies were available.
Paper copies were also available for the staff report (EXH. 8) that had been e-mailed with
attaclnnents on Monday, June 19. That packet included a letter from Shannon-Elder Yachts dated
May 30 (EXH I), the Point Hudson vicinity map just covered (EXH 2), the SEP A checklist (EXH
3), SEPA notice (EXH 4) and the draft ordinance (EXH 5). She said that the SEPA notice has the
comment period ending on Juoe 26, and staff proposes to issue a threshold determination on June
28. This item is scheduled for a hearing and first reading of the ordinance in City Council on July
3.. Adoption could happen as early as July 17.
Two additional exhibits have been received and passed out at this meeting: a letter of support
from the Northwest Maritime Center (EXH 6), and a letter of support from the Port of the Port of
Port Townsend.(EXH 7). To date, no comments considered germane to the SEP A threshold have
been received.
Ms. Surber reviewed the contents of the staff report. It briefly covers the proposal and the SEP A
review, and concludes with a staff recommendation supporting the draft ordinance. The only
revision to the staff report is that in the draft ordinance, the notes specifically state "limited to
commercially zoned properties immediately contiguous to the M-II B zoning district" (in the
right-most cohunn of the table). That would include the property in C-III that is the site of the
Planning Commission Meeting
Minutes - June 22, 2006
Page 2 of5
Swan Hotel, and the property that is the site of the Rienstra/Monroe Street Clinic and Key City
Players. However, the published public notice states that the area is limited to Blocks 4 and 93 of
the original town site, which is specifically the Northwest Maritime Center property and the Fleet
Marine property. She said that staff's proposal would be that "commercially zoned properties
...... to M-IIB zoning" in the note to the table be stricken and replaced with "Blocks 4 and 93".
That is consistent with the public notice that was published and also more consistent with the
envisioned uses of the properties zoned C-II and C-III.
Chair Randels asked if there were any questions for staff from the Commissioners, and there were
none.
Public Testimony:
Chair Randels invited those who had signed in to speak.
Matt Elder, 330 Arden Street. Port Hadlock, W A (Co-owner, Shannon-Elder. LLC)
Mr. Elder thanked the Commission for considering this proposal, and for accommodating changes
to the schedule. He said that he would not reiterate what had been discussed at the Workshop, but
would try to respond to some ofthe concerns that had been raised about environmental issues,
particularly air quality. He said that he would try to describe the processes that they would be
using and then answer any questions that remained. Mr. Elder said that the regulating agency for
six Washington counties is ORCAA, Olympic Region Clean Air Agency. As a fiberglass
product manufacturer, Shannon-Elder is subject to monitoring and enforcement, and is in the
process of undergoing a review with ORCAA, based on recently established guidelines that are
more stringent than formerly. Based on that review under new standards, his company will be a
test case of sorts, and ORCAA will make a determination as to what level of manufacturing is
permitted, as well as the types of technology and methods that must be employed to maintain
acceptable air quality. Mr. Elder said that this is a fairly stringent standard and process, with lots
of paper work and oversight. He restated his commitment to doing whatever is necessary to meet
all regulations and maintain high air quality.
Mr. Elder added that many people have a sense of the boat-building process, but may not be
familiar with technological advances, such as the closed molding system. In effect, resins and
other compounds are injected or infused into a mold, so that the escape of pollutants or hazardous
substances into the surrounding environment is minimized.
[Note: The following is a description taken from the ORCAA web site.
The Olympic Region Clean Air Agency (ORCAA) is one of seven regional air pollution control agencies
located throughout Washington State. ORCAA is a local agency of government having regulatory and
enforcement authority in and for Clallam, Grays Harbor, Jefferson, Mason, Pacific, and Thurston counties of
Washington State. It was established in 1968 after passage of the Clean Air Washington Act (RCW 70.94).
The agency is responsible for enforcing federal, state and local air pollution standards and governing air
pollutant emissions from new and existing sources.]
Chair Randels asked that questions be held uotil the end of public the testimony period.
Mary Winters, 213 Tavlor Street. Port Townsend. W A (Attorney, Shannon-Elder,LLCl
Ms. Winters said that she would not reiterate the items already covered at the Workshop. She
said she would like to remind the Commission of two things. 'The first is that the biggest
purpose for us to be here is to allow a new business and manufacturer to be able to expand in the
future, if they wish. This is a significant investment, and to do that with some assurance that a
business at capacity maybe won't be like that (at that level) forever, or it wouldn't be prudent
from a business perspective. Given that, the second thing is that through the Shoreline Master
Planning Commission Meeting
Minutes - June 22, 2006
Page 3 of5
Program planning process, from my years with the City, I've had a lot of involvement with Fleet
Marine over the years, and I really cannot think of a better buyer for what the City has desired,
what the trades have desired, and now the Northwest Maritime Center, what is consistent with the
Maritime Center, what the current property owners would like to see, and for the future. So, I
would encourage you to take that all into consideration for your decision. And, that we have no
objection to staff's amendment to the language of the ordinance, that note. We were aware of
that; we had accepted all the language, but I think Judy's (change) is better. We knew that there
probably wasn't an issue with the Swan Hotel or any of the other businesses, but to be more
specific is wise."
Chair Randels thanked the speakers for their comments. He asked if any Commissioner had
questions for either ofthem. Mr. Emery, referring back to his experience with older techniques,
added that the expense of the resins was also a consideration, and since containment methods
minimized waste, they were also cost- beneficial, as well as environmentally superior.
Chair Randels then closed the public testimony portion of the hearing.
Planning Commission Deliberation:
Chair Randels said that this proposal certainly appears to be a good thing for Port Townsend. He
said that he thought that what the Commission had heard from the staff and the proponents was
correct. He said that he hoped that Shannon-Elder would be able to fulfill its aspirations, and that
that would be a real plus for the community.
Ms. King said that she wished to emphasize the importance of considering whether or not this
text amendment is a good idea in and of itself, separate and distinct from any specific proposal.
She said that it is either a good idea to add this use, or it isn't. Specific proposals, specific
situations, arise and disappear. An action or idea should be appropriate and good, in and of itself,
and not based on the specific instance. She said that she thought this was a step in the right
direction. However, she would pose the question, "What is the downside of applying this to all
C-II and C-III City zones?". She added that she did not mean the downtown, but wished to know
where the other like zones were located, and what would be the effect there.
Mr. Randels said that one of the things that had been discussed was the environmental
considerations, i.e. air-quality and noise, and that we don't have input from all those
neighborhoods. Ms. Surber said that staff had certainly looked at the access to haul-out facilities,
and whether it made logical sense to allow these uses in areas without supporting facilities. Ms.
King said she was concemed with how narrow this was. Ms. Slabaugh asked if Ms. King would
prefer that this be blanket C-II. Ms. King said no, she would not say that, but that this is spot
rezoning, or a "spot text amendment". Ms. Surber said that there are other C-II, General
Commercial, areas throughout the City besides the stretch between Boat Haven and Washington
State Ferries. Ms. King said that there are other boat building instances, e.g. Cecil-Lange, which
is located in residential area; she said that it had been there for a very long time, although she did
not know its current status. She noted that it was possible to have a boat building shop that is not
in an industrial area. She did not oppose the amendment, saying that it was a step in the right
direction. Ms. King said that she had simply wished to raise the issue and make the point that, in
so far as possible, such an amendment should have general value and applicability, rather than be
based on a very specific instance.
There were no further questions or comments from Planning Commission members.
Planning Commission Meeting
Minutes - June 22, 2006
Page 4 of 5
Mr. Randels moved for adoption of the proposed ordinance, with the change that Ms. Surber had
outlined (in the note to Table 17.22.020, "limited to Block 4 and Block 93"). Ms. Kingpointed
out that the change must be made in more than one place. She said, "Actually the M-IlB zoning
is cited in three dif.frrent places ~ it's in the text. " Mr. Randels: "So, that change should occur
wherever it appears in the draft." Ms. Surber concurred. Mr. Emery seconded the motion, as
amended. There was no further discussion.
The motion for adoption of the proposed amendment was unanimously approved: 7/0/0
(7 infavor, none opposed, with no abstentions).
Minutes Avvroval (continuation of IV. Above)
Mr. Randels asked if anyone had corrections to the May 25 minutes. Mr. Randels said that he
had some minor items that he would pass on to the recorder.
Mr. Emery moved that the minutes be approved. Mr. Randels seconded. Minutes of,\1ay 25, 2006
were approved, all in favor.
VII. NEW BUSINESS
There was no new business.
VIII. UPCOMING MEETINGS
Chair Randels asked if Ms. Surber if she had any new information on the schedule. She said she
had nothing specific, but that Mr. Sepler would be returning on July 13. The key item in the
queue is the Work Plan and following up on the joint meeting with CDLU. Chair Randels said
that the next regularly scheduled date, being July 13, did not seem practical for Mr. Sepler, and it
was not convenient for him either. He asked ifthere would be a problem to switch the date to
July 20, and return to the regular schedule by having the next meeting on July 27. Ms. King said
that she would not be available on July 20, but had no objections if the change was otherwise
convenient. Ms. ,Slabaugh said she would be absent on July 27. Ms. Surber will pass on that
option to Mr. Sepler.
IX. COMMUNICATIONS
None.
X. ADJOURNMENT
Mr. Lizut moved that the meeting be adjourned, which was seconded by Mr. Emery. All were in
favor, with none apposed. Chair Randels adjourned the hearing at 7:29 PM.
4/ ~
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Gail Bernhard, Recorder
Planning Commission Meeting
Minutes - June 22, 2006
Page 5 of 5