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HomeMy WebLinkAbout091505 MinutesCITY OF PORT TOWNSEND PLANNING COMMISSION MINUTES MEETING AND PUBLIC WORKSHOP Thursday, September 15, 2005 Meeting Materials: EXH I. SMP Chapter 1, Drafr 3, September 15, 2005, with PC changes submitted in advance. EXH 2. SMP Chapter 5, Shoreline Environments Table of Uses, Dmfr 3, September 15, 2005 EXH 3. Additions to Section 5.13 Point Hudson Table of Uses EXH 4. Chapter 8, Specific Use Policies and Development Regulations, Draft 3, September 15, 2005 EXH 5. Toews Memo to Surber, Draft SMP sections 8.7 and 8.8, dated September 14, 2005 EXH 6. Lighthouse Associates Letter to City Council and Planning Commission, Proposed Development on Indian Point, dated September 2, 2005 EXH 7. Updated Comprehensive Plan Pages, September 15, 2005 EXH 8. Agenda -September I5, 2005 EXH 9. Guest List -September 15, 2005 CALL TO ORDER The meeting was called to order at 6:00 PM by Chair Randels. II. ROLL CALL Planning Commission members present were: George Randels, Harriet Capron, Steve Emery, Alice King, Liesl Slabaugh and Cindy Thayer. Roger Lizut was excused, and Jeff Kelety continues to be on leave of absence. III. ACCEPTANCE OF AGENDA Mr. Randels asked if there were any proposed changes to the agenda. There were none. Mr. Randels moved that the agenda be approved, as written. Mr. Emery seconded. All were in favor. IV. APPROVAL OF MINLJ"I'ES Mr. Randels noted that the set of minutes for August 25 had been distributed, and would be reviewed the following week. V. NEW BUSINESS Port Townsend Shoreline Master Program Update Public Hearing (Continued from September 8, 2005 and previous meetings.) Mr. Randels opened this portion of the meeting by stating that the public hearing was continued from previous meetings, and that the roles read at the first meeting remain in effect. He asked commission members to state if any circumstances had changed with regazd to conflicts of interest or other relevant items. There were none. Staff Presentation Judy Surber, Senior Planner, noted that the materials were all labeled with Exhibit numbers. She briefly reviewed the contents of each item, and described the Table versions and Chapter 8 in depth. She noted that Chapters 9 through 13 revisions have not yet been completed, so if Commissioners wish to submit minor edits, that is still possible. Regarding upcoming meetings, September 22 can be used to complete the remaining chapters. September 29 could be used for any overflow from September 22, or as additional working time for staff to do all the associated changes and preparation of Findings and Conclusion, and a transmittal from the SAG. She described tentative plans for October 6 and October 13 to finalize the entire package. Planning Commission Meeting Minutes for September 15, 2005 Page 1 Mr. Randall described the Formula Stores and Statutory Street Vacation schedules. Ms. Thayer announced that she would be out of [own from October 7 to November 1, 2005 Mr. Randall noted two errors he had found in EXH 2 and EXH 3 on Wireless and Macro facilities These will be corrected in the next version. Chapters 1, 6, 7, and 8 will be reviewed in that order. PUBLIC TESTIMONY No one had signed in to speak, in advance; the following speakers came forwazd to make public comments. Mr, Jim Pvamik. Port of Port Townsend, speaking in favor of the option of having art work in the Marina, and about the Transportation category in the Tables. He asked For at least a conditional use option forferry service, rather than prohibited. Further, although the Port has no intention of building another marina in Port Townsend, he does not think the door should be closed on the option, given [hat only moorings could constitute a marina. Joshua Bennum. Port Townsend, spoke of his concerns regazding the development of the shorelines. He said he was adding to his comments at a previous meeting. He urged the commissioners to be very cautious in granting special allowances to developers, especially at Indian Point. He urged them to protect the environment, protect public access, and to not rely on the words of developers whose motives were driven only by profit. Eric Toews, Port Townsend. Mr. Toews spoke about his written recommendations submitted eazlier (EXH 5). He spoke in reference to Chapter 8, page I5, Section 5.13, item 8.2.3. He suggested that more clarity was required, with regazd to signs. He called for a delineation of vistas, and said that the text would benefit from direct reference to the zoning code with regard to the basis for height limitation policies. Marv Winters. Port Attorney Ms. Winters talked through and explained material that had been submitted in writing. She suggested a specific word addition to 8.12.4 on page 25, adding the word `piers'. She also encouraged specific references back to the PTMC, and other relevant sections of the SMP. Ms. Winters restated and shared Mr. Pvaznik's preference for flexibility, and for no[ prohibiting any new marina in Port Townsend. Staff Resgonse: Ms. Surber gave a brief response, explaining the background on the ferry service provisions. She wished to differentiate between the level of state ferry system versus passenger femes. She said there would be an appendix incorporating a list of public vistas in the fmal draft, when the full list has been verified. She also spoke of an upcoming meeting with DOE where the pros and cons of incorporating sections of the PTMC would be explored. She explained that all the eazly adopters were struggling with these issues of the linkage between [he SMP and local regulations. Planning Commission Deliberation: Commissioners completed a page by page review of Chapter 1, EXH 2 and 3 (Tables), and Chapter 6. They went on to review Chapters I1, 12 and 13. Tables of specific edits are incorporated into these minutes below. Cha ter 1 Introduction ,Draft 3, dated Se tember 15, 2005 PAGE Line EdiUCorrection Comments Planning Commission Meeting Minutes for September 15, 2005 Page 2 1 25 ...re uirements is miss elled 3 12 ... than a to their utilization OK as is 5 10 No than e 6 12 Put comma inside quote; add localities after rrst 36 Subcommittees - strike a ostro he 7 37-39 ...includes the Puget Sound and all of the Original language confusing; was land that falls within 200 feet of the it right from WACs?; GR ordinary high water mark of the Puget suggested this language OR put it Sound, and its associated wetlands. in quotes. Revisit it, if it is a WAC uote! 17 ...a Planning Commission Hearing encompassing a series of meetings from date to date z 5 the Ci of Port Townsend .. the Ci is 9 7 ...uses/development maybe required to AK: didn't like the sentence obtain a Substantial Development Permit, a JS -Yes, we aze using Letter of Shoreline Conditional Use Permit, a Exemption Shoreline Variance or a Letter of Exem tion. 17 A Shoreline Substantial Development Permit, or a Letter of Exemption is .... ; strike unless exem t and In eneral 10 Remove the underline for ALL; strike the extra eriod The following is the table relating to 5.13, partly exVacted from the Chapter 5, Table of Uses, on page 51. EXH. 3 Additions to Section 5.13 Point Hudson Table of Uses Pa e 1 Artwork Perritted, both major and minor in Point JS will merge into existing table Hudson East (PHE), Maritime Heritage and is researching the pazameters (MHC); C/U for Major in Marina; Permitted for Major and Minor classification for mirror in Marina Artwork Footprint, height should be Major investi ated; JS - draft a definition Artwork Same Minor X Will be used for Prohibited, to make consistent with the Zonis Tables 2 Transpor Pedestrian passenger only for ferries Add passenger only on page 56; tation P instead of X for PHE 3 Personal Mr. Randall's changes will be Wireless added Mr. Randels asked that any additional changes noticed by Commissioners be raised at the following meeting. EXH 2. SMP Chapter 5, Shoreline Enviromnents Table of Uses, Draft 3, September 15, 2005 Ms. Surber noted that the only changes over the previous version were to delete the columns For Boat Haven and Point Hudson, as they now have their own tables. Planning Commission Meeting Minutes for September 15, 2005 Page 3 Cha ter 5, Shoreline Environments Table of Uses, Draft 3, Se tember 15, 2005 Pa e Cate o Edit/Cortection Comment 1 Line 6 Process as conditional uses Paragraph Avoid denying all reasonable use of Is this consistent with AK's takings 2; lines private property, in violation of language; this is Settle's language; 9110 constitutional ... OR incorporate AK check AK's previous language lan a e here 10 Dro son re lations 3 Artwork X for Natural Major C/U for Conservancy and Aquatic P for all others 2 Artwork X for Natural Minor P for others 4 Will replace the footnotes page with a Shouldn't footnote 8 apply to the column on the ri ht whole tale o 7 7 Footnote includes bus stops and bus From Mary Winters comment shelters comment 8 Wireless Safety versus aesthetics; all agreed that the JS recommends that we address it Z00 feet from shoreline is not a problem with the Wireless Ordinance for a tower to be installed at Fort Worden 6 Comma after the patens and then which; make actions lural 9 Footnote Add adverse impact 10 Footnote Add, to the effect "shall be allowed only Has this been checked? Incorporate 13 after more benign options have been tried the concept into the footnotes, as without success." well. Page Reference Shoreline Administrator Check page numbering numbe to map, r 1?? line 3 Mr. Randels suggested that before leaving Chapter 5, perhaps the new marina issue should be discussed. There were two speakers for the Port that voiced a strong preference for leaving the option of new marinas open. Commissioners recalled that, according to Ms. Surber and Ms. Thayer, the SAG had specifically considered this question, and made the recommendation that new marinas were prohibited. Ms. Slabaugh said that should be respected. Ms. Surber pointed out that there were very few opportunities, except on the southern shoreline where there aze already two marinas. There was discussion about the 6 or boats requirement, [he process needed for Comp Plan amendments, eel grass, and [he absence of any particulaz need or interest. Ms. Capron asked why we couldn't disagree with the SAG? She was willing to believe Mr. Pvarnik knew what he was talking about. Ms. Surber spoke in favor of the Commissioners providing the vision, and identifying areas based on the land use, the land use patterns, the environmental considerations, where water-dependent uses aze appropriate. In order to identify another location, it should be done through awell-developed plan. Ms.Thayer asked for a straw vote. Ms. Surber noted that there were some inconsistencies between the table and the text that would need to be accommodated in the motion. Mr. Randels said someone would need to make a motion to allow new marinas in order to have a vote. Ms. Capron said she would prefer to just drop this issue. Mr. Randels asked Ms. Surber to follow up on the table/text change she had mentioned. Mr. Randels called for a five minute break, before moving on to Chapter 6, Ms. Thayer stated, just for the record, that Mr. Bennum did not buy a house from her 13 years ago, as he had stated earlier in the meeting. Planning Comtnission Meeting Minutes for September 15, 2005 Page 4 Cha ter 6, Au ust 4, 2005 Draft Pa e Line EdiUCorrection Comments 1 19 ...within the shoreline 'wisdiction.... 28 ...no-net-loss JS: will check the uidelines 2 3 ... in the Critical Areas cha ter IS ...final] it resents.... 3 2 ...shall not should Policies 016.3.3 .ecos stem-wide h en 6.3.2 .. lan, and/or ad'ust or rescribe... 4 ... an invento of the .... Check if bullets OK ...a contin enc lan 29 ....effects... lwal 22 Shoreline Administrator 5 bullets GR: aze these less than the CAO? AK: no-net-loss specific to wetlands? GR: will e-mail Jeff General Check definitions; will add PFC -properly functionin condition Per Jerry Gorsline -had asked for definitions via JS 11 .. lan should be lwal 32 6.3.7 Comma should remain 6.3.6 Should sa RCW 84 Per Je Gorsline 6 6.3.9 ..after accomplished, or has a longer time horizon. Wh aze these in al ha order? 6.4.1 Shoreline Administrator 27 Add a ro riate, delete related 6.4.2 Add comma after limitations 7 6.4.3 Shoreline Administrator 6.4.6 ..sediment erosion, transport and de osition in lace of Per Jerry Gorsline PCOM sa s leave it as it was 8 6.4.8 BMP Common term -- kee it 6.4.9 Include an exception for fog horns, and the like JS will do 9 6.4.13 Add adverse before im acts ]0 6.4.16 ..interference with 6.4.18 Shorelme Administrator Do seazch and r lace 11 6.5.1 ..habitats should say habitat conservation areas Jerry Gorsline 6.5.2 ..locate and deli n 6.5.3 Rewrite; no ro er endin GR will follow u with JR 12 6.6.1 Delete the h hen 6.6.2 Delete the hyphen before public and after e and facilities Maybe strikeouts 6.6.1 Provide reproduction, rearing and mi rato 13 6.6.4. Rewrite: Avoid induect impacts on critical saltwater habitats by appropriately locating and designing development beyond the standazd setback. 6.6,1 Do we need and after a, b and c -- NO Planning Commission Meeting Minutes for September 15, 2005 Page 5 14 6.6.2 JS: leave it, does sa somethin new Delete b. - alread covered in a. ?? 15 6.6.5 waterwazd is one word 6.6.5 e No chan e: oint s Ours has one; could be 2 6.7.1 Should be a DR not olic - Check and renumber 16 Add the dia am, if one can be found 17 6.7.4 ..result in no net loss...; dro not and a ESA chan e to CAO Check all DRs and numbers 18 6.7.1 tow; what does the CAO say? Is 50 feet correct GR will check with JR 18 6.7.4 b. No change Long discussion about buffers and "stupid as your neighbor rule"; setbacks; averaging;geotech re orts and n to clan 6.7.3 S azate a and b with ; or 20 Make all the DRs boldface 6.7.7 ..set back should be two words 21 6.7.9 No change Aren't b. and c. redundant? No and rest of this was ex lamed 6.9 IS this the best definition Is this the only situation where a wetland can exist? JS will double- check ,for exam le a bo ?etc line 41 Add a comma after wetlands 22 6.8.2 H henate in-kind 6.8.4 ..local, state and federal 23 6.8.5 ..includin schools; delete to DR intro DR intro, CAO not ESA 6.8.2, 39 PTMC 1905 e. Critical Areas Ordinance 24 Whole subsection Topic of alteration of wetlands and buffers AK: questioning whether the policies and DRs are properly organized GR -what is the point of b. -even if the impact is unavoidable?? JS will check and GR include in memo toJR There was a brief discussion and check of earlier versions to deterntine if Chapter 7 had been reviewed, and completed. There was agreement that the August 4 version contained Plamring Commission edits. For Chapter 8, Mr. Randels pointed out that there were two staff versions of Chapter 8 (latest was September 15), and one PordToews version to review simultaneously. Ms. Surber reminded that Mr. Toews had stated that Ms. Surber had accurately included or covered the Port suggestions in her version. Cha ter 8 S tember 15, 2005 Drafr Pa a Section Edits/Corrections Comments 8.1 Development and/or use proposals may There was discussion about the involve... intention to employ user-friendly language. Commissioners strongly recommended consistency throu out the document. 8.2 Intro, ...business or service 6 8.2.2 No change Who decides compatibility for si ? Planning Commission Meeting Minutes for September 15, 2005 Page 6 Ms. Thayer raised the point of how difficult it was to work on this chapter, given the extent of changes, including all the start-with-verb changes, and the need to refer [o a new version just received. Ms. Slabaugh added that she had wanted alI along to focus more on the substance than the detail edits. This was Followed by an airing and review of goals and process. Mr. Randels asked what work could be accomplished if Chapter 8 were deferred until Commissioners had time to read the latest version. Ms. Surber and Mr. Randels agreed that Chapters 9 and ] 0 should be deferred. Cha ter 11 Jul 21, 2005 Draft Pa e Line Edit/Correction Comments 2 10-16 Delete the second sentence. Two identical sentences? 21 No change Change present to presently a licable? 25 ... the are not it is 11.3.1, 32 ...that existed rior to the catastro he 37 ..unless an extension is granted for just cause. Add provision for extension 3 21, 22 Chan a which to that were, that do eneral Ca s for Ci throu hout 15 ...variance no ca s 30 ..in Section 11.4.1 above 40 Date reference OK 11.3.6 Too big, but can be bigger JS: Check this ??? 4 4-6 ...consistent with the City's current en ineerin desi n standards. 13 Same chan e 22 Owned by [he same legal entity?? Or some lan ua a meanin common ownershi 23 ..create, not crate Cha ter 12 Jul 21, 2005 Drafr Pa e Line Edits/Corrections Comments 2 3 reasonably spent 5 ..costs 8 Dro ma fast use; costs; add word suit JS: has other hrase to add 12.4.2 No change now; GR will consult John Watts GR: great concerns about this rovision; risk of liti ation There were no changes to Chapter 13, at this time. VI. OLD BUSINESS There was no old business. VII. COMMUNICATIONS There were no communication items. VIII. UPCOMING MEETINGS 09/22/05: Public Rearing -- Shoreline Master Program Update, to start at 6:00 PM LY. ADJOURNMENT Ms. Thayer made a motion to adjourn. Mr. Emery seconded. All were in favor. Chair Randels adjourned the meeting at 9.'28 PM Planning Commission Meeting Minutes for September 15, 2005 Page 7 Gai Bernhard, Meeting Recorder Planning Commission Meeting Minutes for September 15, 2005 Page 8 George itandels, Chair