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CITY OF PORT TOWNSEND
PLANNING COMMISSION MEETING
City Hall Tbird Floor Conference Room
Tbursday, November 2, 2006, 7:00 PM
Meeting Materials:
EXH. 1 Agenda for November 2, 2006
EXH. 2 Excerpt of Ordinance 2928: Section 3 - Revised Method of Measuring Building Height
EXH. 3 Makers Architects, October 25, 2006 Uptown Charette reference materials: Issues, Measures
and Participant Evaluations
EXH.4 DOE letter to Mayor Mark Welch, Port Townsend SMP - Approval of Comprehensive Update,
dated October 27, 2006.
EXH. 5 Summary Report of Single Family Attached Dwellings since 2002, prepared by Scottie Foster
EXH.4 Guest List (None)
I. CALL TO ORDER:
Chair George Randels called the meeting to order at 7:00 PM.
II. ROLL CALL:
The following Planning Commission members were present: Harriet Capron, Steve Emery,
Alice King, George Randels, Julian Ray, and Cindy Thayer.
Liesl Slabaugh and George Unterseher were excused. Mr. Lizut reported that Mr. Unterseher is
recovering from knee replacement surgery, and may also be unable to attend the November 9
meeting.
Staff: Rick Sepler, Planning Director; Leonard Yarberry, DSD Director
III. ACCEPTANCE OF AGENDA:
The agenda was approved as written, all in favor.
IV. APPROVAL OF MINUTES:
Minutes of October 12, 2006: There were no corrections.
11/... Thayer moved that the minutes be approved, as written, and Mr. Lizut seconded. The
minutes of October 12, 2006 were approved, as written, all in favor.
V. GENERAL PUBLIC COMMENT: (None)
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Minutes of November 2, 2006
Page 1 of6
VI. UNFINISHED BUSINESS:
Interim Ordinance Worksbop (continued)
Means of Measuring Building Heigbts - Leonard Yarberry, DSD Director
Mr. Sepler reminded that the entirety of the Interim Ordinance had been broken into pieces and
covered during a series of workshops. He introduced Mr. Yarberry, who was on hand to review
the background and explain the building height measurement issues.
Previous method - Mr. Yarberry began by drawing a generic elevation diagram of a house and
sloped lot. He pointed out how, in the old method of measuring building height, they measured
to the top of a flat roof, or to the midpoint for a hipped roof, i.e., from a reference point to the
highest point of the coping ofa flat roof, or to the average height of the highest gable, whichever
is higher. They measured from the elevation of the highest adjoining sidewalk or ground surface,
unless the vertical distance from that point to the lowest point is greater than 10 feet. (This may
occur on very steep slopes or where intensive land movement or regrading has been done.) In that
case, the height would be determined by measuring from the lowest point plus 10 feet to the top
of the building, as defined above. The ground surface reference point is 5 feet outward from the
building.
Ms. Capron asked why a new method had been sought? Mr. Yarberry said that part ofthe
concern was that the previous method did not adequately limit the height of buildings on slopes.
People would build up or alter part of the site to artificially establish a higher base line.
Interim method - In this method, described in EXH. 2, measurement is made from the average
finished grade. The average finished grade is defined as a reference established by averaging the
grade elevations at the four comers surrounding the building. Mr. Yarberry demonstrated the
pertinent reference points on a similar drawing on the board. The five feet distance from the
building becomes 10 feet. He said that if someone moves that much dirt around, then the
situation can be addressed through SEP A.
The definition of building height in the interim ordinance reads 'The vertical distance from the
average finished grade or the average natural pre-existing grade .. ..". He said he had a concern
about the or clause, and gave an example where a grade is built up. Ms. Thayer asked why
building a berm is allowed at all. There was a discussion about the various scenarios that may
occur, the possible ways in which builders may attempt to gain height, and the difficulty of
determining the natural pre-existing grade in some situations.
Ms. Thayer asked if it is true that builders may not excavate a site until the building permit is
issued, therefore making it possible to measure the original grade or pre-existing elevations. She
also noted that a survey is needed. There was a review of the process that must be followed, and
several Commissioners noted that there seemed to be ample opportunities for enforcing the
height limitation. Mr. Yarberry said he thought there were instances where developers would
attempt to exceed the height limitation by artificially altering the grade under the guise of
landscaping. Mr. Sepler said it was quite common to have neighbors concerned with heights of
new buildings, especially on very steep grades, where depending on the measurement method, a
four story building might be within the height limit. Mr. Yarberry said that the interim method
was changed to address those situations.
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Mr. Lizut asked for clarification on the or language ofthe interim ordinance. Mr. Yarberry
suggested that the language about the alternative pre-existing grade could be removed, leaving
simply "the average natural pre-existing grade". Ms. Thayer pointed out that that point should be
flagged to be dealt with in the deliberations.
VII. NEW BUSINESS:
Update on Uptown Charette (Rick Sepler for Judy Surber)
Mr. Sepler explained that Ms. Surber was ill, and that he would brief the Commission about the
Charette. He distributed copies of EXH. 3, a 15 page handout from the Charette, summarizing
background and relevant issues.
Chair Randels, Mr. Ray and Mr. Lizut had attended the Charette. Mr. Sepler said that certain
things were uncontested. He said that most people thought that "uptown worked", that they liked
the mix of things that are there now, and they would like to try to keep what is there now. They
described the present character as "funky".
He said that people differed as to what would or should happen over time, as new development
occurs. There were concerns about traffic and parking, with a range of perspectives on what was
acceptable or troublesome. One particular "trouble spot" was identified and photographed:
parking on Polk Street west of Lawrence St., which is regularly loaded with cars. Mr. Sepler said
that he personally counted 47 cars on one morning. Mr. Sepler surmised that employees oflocal
businesses are using this area to park. Overall, the parking status is not as clear cut as previously
thought. Some business owners said there was ample parking and some homeowners were
disturbed that they could often not find parking space near their own homes. He said that the
discussion was helpful in bringing out both points of view. The solutions may be found in
speaking with business owners, or in road improvements such as installation of curbs and gutters.
Mr. Sepler said there was considerable discussion about both the vitality ofthe district, as well as
its fragility. People were concerned when they saw simulations where selective properties were
improved. He explained the distinctions between primary or pivotal, secondary, and tertiary
properties. There were five properties identified as having improvements that were very low,
actually one to one as compared to the cost ofthe land, and therefore ripe for improvement. He
said that the rule of thumb is that those where the ratio is less than 2:1 are considered likely for
redevelopment. That short list includes the Key City property and the Brandt orthodontics clinic
(4 lots) on Lawrence, the Sturdivant dental clinic on Polk St., half of the Qwest building, and the
vacant Rienstra site. People were concerned with traffic, parking, and the character if everything
was filled out to the extent allowed. On the other hand, many people recognized the presence of
businesses such as Sweet Laurette's as positive to the area, and could foresee other new
commercial entities as equally beneficial.
Mr. Sepler said that another issue was scale. If all the properties were developed, that could
amount to 40 units. However, based on the Aldrich's example, not all units would necessarily
have multiple occupants. One key issue is the nature of the transition between the new buildings
and the adjacent residential areas. Various options were discussed: set height at 35 feet and allow
additional height in exchange for certain public amenities and concessions; set height at 35 feet
maximum; allow 50 feet selectively or only for a certain number of cases. He reported that
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Minutes of November 2,2006 Page 3 of6
attendees said the C-III use table was not appropriate for uptown. Many of those uses, such as an
appliance store, should not be permitted. Mr. Randels said that meant setting up a special
district, and Mr. Sepler agreed that was the tone of the meeting. People wished to restrict other
than neighborhood type businesses. Mr. Randels noted that that may preclude light-industrial
businesses, such as Badd Habit.
Mr. Ray stated that about 60% of the meeting was spent on parking, and the related topic of
alternative transportation. Mr. Sepler listed ideas considered: municipal lots, reinstatement of
off-street parking requirements, allowing ground level parking in higher buildings; establishing a
BID (business improvement district) for collection of in lieu fees to be spent on multimodal
improvements in the district such as flex cars, bike barns, curb/sidewalk improvements. He said
that businesses realize that they need to share in the investments that are required to help the
Uptown area thrive.
Mr. Ray mentioned that parking limit (two hours) enforcement was also discussed with
recognition that this requires some funds for personnel.
Mr. Lizut asked whether or not the situation of the Key City organization was discussed. Mr.
Sepler referred to an 18 month time frame (for the parking requirements) and explained the
notion of development based expectations, which is one of the keys used to assess takings. If, for
example, a 35 foot maximum height is established and Key City CaIUlot implement its intended
use, their case might be as follows. They could sue the City for a partial taking, showing that the
decision to purchase the property was based on an expectation of 50 feet, and that the use cannot
be implemented otherwise. He said that the court mayor may not find in their favor, and may
rule that they must find another way.to do it. He said that, to their credit, Key City has been
working with offices and churches in the area about use of their lots in off hours, and are
conveying that they wish to be good neighbors. However, the objections that were voiced at the
Charette were based on traffic and parking considerations.
Mr. Emery brought up the idea of residential zone permit parking, as in Seattle. Mr. Sepler said
that was brought up but still carries the issue of enforcement and expense. He referred to the U.
District example which issued stickers for customers. Those not patronizing their businesses were
ticketed. He noted that this method must be done thoughtfully, so as not to impede business
activity instead of supporting it.
Regarding the Farmer's Market, which has been so successful that it is outgrowing its space,
residents are supportive, but find the weekly parking/traffic problems inconvenient. Memorial
Field was suggested as an alternative location.
Mr. Sepler said that he would mail out the simulations. He urged Planning Commissioners to
attend the next meeting (January 23), and anticipate receiving the "marching orders" to follow,
which is likely to include a parking approach, some revision to the use table, and possibly bulk
and scale.
Update on SMP Status (Rick Sepler for Judy Surber)
Mr. Sepler distributed the SMP approval letter from DOE, EXH. 4. He described the process to
be followed. In order to actuate the plan, the City must make required changes to the document.
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The plan is to hold a public hearing on the changes, as early as November 30, 2006. The
Planning Commission is scheduled to review the DOE recommendations at their November 9
meeting.
Ms. Thayer was pleased with the specific recognition in the letter of Ms. Surber and her
leadership on the SMP Plan. Mr. Sepler agreed that she had done a fine job, as had the Planning
Commission.
He reported that Ms. Surber had spent many hours on the draft letter, constructed a matrix, and
consulted with many people to answer open questions. Her intention had been to walk through
the issues with the Planning Commission at this meeting, but was unable to attend due to i1Iness.
Mr. Randels asked ifthere were any controversial or difficult issues. Mr. Sepler mentioned that
there were issues related to existing historic pier sheds and heights of buildings on pier sheds.
An application from the Surf is not yet vested, and it may be useful to look at that language. He
said there were a number of other items about which she had consulted with City Attorney, John
Watts.
Mr. Emery asked about the status of the Indian Point development. Mr. Sepler and Mr. Yarberry
noted that the concept for that project is based on the SMP Update, and they are seeking to start
the review of their plan and design at this time. It was reported that the site clean up has been
completed, but the developer is awaiting review and approval by DOE.
VIII. UPCOMING MEETINGS
a. November 9, 2006 - SMP Workshop
b. November 30, 2006 - The intention for this meeting is to deal with a workshop on
Bedrooms as a Measure of Density in R-III and R-IV Districts. Mr. Sepler said that due to the
extent of public interest, he would schedule this at the Fire Hall and have all materials mailed out
a week in advance. A portion of the agenda will be devoted to the SMP hearing.
In addition, he proposed having the Interim Ordinance Public Hearing on December 21 to be
followed by a Planning Commission Holiday Party. Mr. Randels asked about December 7 as an
alternative, but that date had been held for a Planning Commission Training session. It was
agreed that the December 21 would be acceptable.
IX. COMMUNICATIONS
Mr. Sepler distributed EXH. 5, the summary report of the multiplexes that have been built. After
some discussion, Mr. Yarberry suggested that a more detailed report could be prepared by using
census codes, and Mr. Sepler said he would follow up on that.
Mr. Emery advised that he would be serving as City Council video recording operator on
November 9, so would be absent from the Planning Commission Meeting. He also informed that
he had submitted a letter to City Council expressing his willingness to be reappointed to the
Commission for another term.
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Ms. Thayer reported that she had also submitted her letter of resignation, indicating she would be
stepping down from the Planning Commission after 15 years. There were many expressions of
regrets and appreciation from fellow Commissioners.
X. ADJOURNMENT
Ms. Thayer moved and Mr. Ray seconded that the meeting be adjourned, and all were in favor.
Chair Rande/s adjourned the meeting at 8:05 PM.
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George Rarldels, Chair
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Gait Bernhard, Recorder
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