HomeMy WebLinkAbout081105CITX OF PORT TOWNSEND
• PLANNING COMMISSION MINU'T'ES
MEETING AND PUBLIC WORKSHOP
Thursday, August 11, 2005
Meeting materials:
1. August 11, 2005 Planning Commission Agenda (continued from August 4)
2. A. 081 t05 Surber a-mail (Boat Haven comments from Pott) with two attachments
B. Port to PC on Boat Haven.doc: Toews memo, 080505, Port of Port Townsend Proposed Revisions
to Draft SMP Boat Haven Language
C. Boat Haven Use Table.drl l.doc
3. Guest List, SMP Public Hearing, August 11, 2005
4. 081205 David King a-mail: Draft Shoreline Master Program
CALL TO ORDER:
Vice-Chair Alice King called the meeting [o order at 7:OOPM.
II. ROLL CALL:
Planning Commission members present were: Harriet Capron, Steve Emery, Alice King, Roger Lizut,
Lies] Slabaugh and Cindy Thayer. George Randels was excused, and Jeff Kelety is on leave of absence.
III. ACCEPTANCE OF AGENDA:
Ms. King stated that the agenda was continued from the previous meeting. It is the fourth public
workshop/heating on the Shoreline Master Program Update for the Planning Commission, with staff
presentations, public testimony, and commission deliberation on the SMP Update.
There was a brief preliminary discussion about the need to add an additional meeting to the schedule for the
SMP Update, This item was deferred to the end of the meeting.
IV. APPROVAL OF MINUTES:
July 14, 2005 Minutes: Mr. Randels had forwarded Ms comments to Ms. King, but several
members seemed not to have received their copies. Therefore, Ms. King deferred approval of the
minutes until the following meeting.
V. NEW BUSINESS
Overview of Shoreline Planning and Port Townsend Shoreline Master Program Update
( Continued from August 4, 2005)
Staff Presentation:
Ms. Surber apologized for the lack of a new agenda, explaining that this meeting would be a continuation
of the August 4 meeting and agenda. A significant stack of update material consisting of SMP revised
chapters, memos, and supporting documentation had been distributed at the previous meetings. For this
meeting, she said the intention was to work through [he page by page review of what had not been
completed the previous week. She said she would confine the staff presentation to a brief review of the
materials the commissioners had received to date.
New material: Ms. Surber distributed paper copies of her a-mail and memo from the Port (EXH 2: A, B,
and C; see Meeting Materials above). This e-mail is hr reference to comments sent previously by the Port.
• Ms. Surber explained that after the Port had submitted their comments on the Boat Haven, and Ms. Surber
had incorporated them into the August 4 Dmft distributed last week, the Port decided to formalize their
Planning Commission Minutes
August 11, 2005 Page 1
comments via this memo. Ms. Surber just wished to make cleaz to the commissioners the reason for the
• additional set of commenu.
She noted the one item that she had not incorporated: Uses and Subdistricts, on page 3 item 6, refers to a
policy in the Main Boat Basin, not the NE Sub-basin. She said that David King had pointed out that the
suggestion would make sense if it referred to the NE sub-basin, but not for the Main Basin.
Also included with the a-mail was the Table for the Boat Haven. Time did not pemut development of the
table by the SAG during their regular process, but it is now ready for review as part of the Boat Haven,
section 5.13.
Web-site Update: Ms. Surber reported that she had sent out an e-mail to the entire SAG distribution
notifying them that the web site had been updated with new information up through the previous meeting.
Following the staff report, Ms. King opened the public testimony portion of the meeting.
Public Testimony
Nancy Dorgan 2137 WashinPton Street Port Townsend. WA
Ms. Dorgan wished [o follow up on her comments from the previous meeting. She said she had done a
seazch on the Point Hudson chapter for the word "resort" that resulted in 12 occurrences of the term. She
read a policy from the SMP text, section 5.4.5: "Encourage and support small scale marine trades in Point
Hudson. Water-dependent and water-related uses are priority uses in Point Hudson". "I would like to read
those words over and over again to capture what I think is a common belief in our community about how
Point Hudson should be used and how it should grow. I think that it is contrary to the notion of using a
large vacant part of Point Hudson for a resort development. I think instead we should be looking a[ using
available land for the creation of jobs in the marine trades, not more tourist facilities. This is a fundamental
• point, but there is policy here that says encourage and support small scale, and I found that important
because today I also read the Boat Haven chapter again, and also in Eric's (Toews) memo, there seemed to
be sort of a focus the Port is pushing on the fact that the Boat Haven is for lazge scale, more intensive
marine dependent uses, sort of the ship yazd (inaudible). I think keeping that policy in mind, and then
reading, again, at Point Hudson, the goal is to encourage and support small scale marine trades, and there
isn't much land there, so how aze you going to do that if you setup this resort concept either in the "back
forty" suggestion or the parade ground, as is currently written. So, I really hope that you pull the whole
resort concept, and we go back to a fundamental support for the trades."
"And, also in [he Boat Haven chapter, regarding the NE sub-basin or subdistrict, I'm trying to remember the
lean, that is a perfect place foz water-dependent uses. The idea of now using access to the water
(inaudible), to use that space now as a grocery store or a deli, you know we've got the Food Coop, the
Penny Saver just up another block and a half, why in the world we want to take precious waterfront land,
we aze not going to get any more of that, and change the zoning for something like a mixed use thing, for
an office that's not even related. I know that's part of what the Port wants to expand the range of who they
can rent to, but I don't think it's a good use of the city zoning. That's it for tonight. Thank you."
Ms. King: "Thank you."
Eric Toews Cascadia Communit~Planning Services representing the Port of Port Townsend
"Just a couple of quick points of clarification regarding item 6 in the memo that was distributed to you this
evening, that I'd like to make cleaz for the record. I guess the Port was unclear, really, on what the import
of the phrase "though not preferred" would be in this context. I mean it's clear that such a use, a small scale
marina-serving deli, would be considered water-related under the proposed defmitions ofwater-related that
you have before you. Moreover, the use as it's classified is a conditional use, indicating already the fact
• that it is not a preferred use, so given that context, it's a bit unclear what that language was intended to
Planning Commission Minutes
August 11, 2005 Page 2
accomplish and it seemed, frankly, a bit gratuitous, and not adding to the clarity since its already a
• conditional use. And that's it for now. Thank you. "
Ms. King: "No one else indicated that they wished to testify. Does anyone want to change their mind, and
testify at this time.?" There were no others who wished to speak.
Ms. King then stated that the commissioners would begin going through the chapters, page by page. Since
not all were ready to start with Chapter 1, she said they would begin with Chapter 2: Scope, Jurisdiction
and Exemptions. However, she said she encouraged everyone to read Chapter 1, since she had some
changes to propose in it.
Ms. Surber and Mr. Randall discussed whether Mary Winters submittal should be logged as an exhibit " So
faz, last week we logged in an exhibit A, Eric Toews testimony on restaurant size. This would be exhibit B
-- it is actually a memo from Eric Toews." There was a question on whether the Sepler handouts from the
previous week had been numbered as exhibits. Mr. Randall said that staff material was not generally
marked as exhibits. [Recorder's Note: Following this meeting, Ms. Surber decided to mark all materials
for the Planning Commission SMP hearings as exhibits for SMP project archive purposes. The Meeting
Materials item numbers as documented in these minutes will correspond to the SMP exhibits. Full
document references include the Planning Commission SMP Public Hearing date and the item number. ]
There was a brief check to make certain everyone was working from the Aug. 4 draft of Chapter 2.
Namcy Dorgan asked if the new chapters were making it into the Library copy. Ms. Surber said they
should be and that she would follow up with Penny W esterfield on that..
Mc Lizut: "Let me start by making a general comment: George Randels sent a 5 or 6 page a-mail and
asked me to represent his comments, so occasionally I'll be referring to his comments."
•
[The portion of the meeting devoted to SMP draft review is presented in table form, chapter by chapter,
below. Si¢nificant discussion associated with any item follows the table as a numbered note.l
Chanter
2 Location Planning Commision Chanties Comments: Follow -un
Pa e Linelsec.
1 34 ca s for Substantial Develo ment Permit
top Are jet skis illegal? Signage? Legal counsel and IR aze working
out what is enforceable
30 Need consistency for "Written Statement Of
Exemption", not Shoreline Exemption Extended discussion on consistency,
Leans, phrases, and capitalization;
see Note 1 below
2 5 Exempt Developments exempt from a
Substantial Develo went Permit... Are abbreviations OK?; ultimately
need consistenc
Is Leiter of Exemption a term used
elsewhere? See Note 1
10-14 Is sentence cleaz enou h? As revised
2 2 Ca s for SDPs a ain
3 37 Conditional Use and Variance should be
ca italized
2 33 La oon should be ca italized
3 37 Conditional Use and Variance should be
ca italized
3 22 Hydraulic continuity needs a deSnition
define hare, if onl used once
4 20-21 Should be "below' in stead of above
4 15, 1 S Check consistenc on "exem Lion"
5 42 "be re uired to verif that.......
Planning Commission Minutes
August 11, 2005 Page 3
•
L_J
5 D. 3. This is waitin for state a royal, ri ht?
5 23, 24 Substantial development and conditional
use erntit should be ca s
5 27 - Afrer "land", what is all that punctuation?
Artifact of track than es -- will o awa
6 No. 5 Why is it included? (agricultural practices) Staff will check on this.
Staff will check on this; PCOM would like
to delete as an exem lion if ossible.
6 I S Change ESA to CAO Search and replace for whole
document
6 30-40 GR via RL: Objection to waiting for state See page 5, no 3
approval and for undue involvement in local See Note 2 below
administrative processes; PC accepted
ex lanation
6 23 "for the use of his or her fami "
6 37 Add "and" after comma, just before "long
term
7 No. 11 Why is the specific date of September 8,
1975 used here?
There was some speculation bu[ no
definitive reason.
11 bower case for ovemor
7 8 Chan e to "existin and in use..."
30 Add comma after 2° "activi
35 Add comma afer 'urisdiction
8 14 Should be renumbered to F.
1--12 Reformat, indent, check numberin
32 Delete opening heading "Resolving...
re lations."
Chapter 2 Table Notes:
1. Exemption means "exempt from a Substantial Development Permit". The following will be the terms used,
without variations, throughout this chapter and other SMP chapters: Letter of Exemption, Substantial
Development Permit, Shoreline Conditional Use Peanit, and Shoreline Variance. The Sept 6 SMP drafr should
reflect these changes.
2. Mr. Randall responded by saying that normally communities do not expand the exemptions allowed under the
RCWs and the WACs. Here we have described some situations in fairly high detail; we have expanded them
and in some cases, made them more restrictive. An example is no. 3 on page 5, construction of soft bank
revetment. Instead of an automatic exemption for single family residences for armoring, we say it's exempt if
you do soft bank revetment. For number 8: the state does not list it as an exemption at all. A few yeazs ago, we
said that some activities, such as movie filming or other events, aze so temporary that [hey can be exempted
with conditions). The Department of Ecology was only comfortable allowing this if they got a courtesy call, so
this language was added at the request of Ecology. It does not ask for written permission; it is one day turn-
azound on a telephone consultation. The intention is to make it easier for staff to manage and to protect the
public. DOE is supportive but needs to be included. Ms. Surber noted another example -the seasonal Kayak
Rentals at Fort Worden. Each case carries criteria with it: is it blocking access, is it creating noise, or is it a
serious nuisance in any way? Mr. Randall said he believed that the exemptions are the essence of Chapter 2,
and need to reflect the philosophy of the Commission on behalf of the community. Commissioners accepted the
explanation and proposed arrangement as reasonable and as having addressing their concerns.
Chapter 4: Shoreline Master Program Elements
Ms. Surber noted that this chapter reads like more like a Comp Plan, and in some cases there is policy or language
• lifred right out of the Comp Plan. As time permits, the staff is revisiting the consistency among various regulations:
Planning Commission Minutes
August 11, 2005 Page a
the SMP, all the development regulations and Comp plans, eta It maybe that more policy from the Comp Plan may
• be moved into the SMP, if it fits specifically [o shorelines.
Ms. King: "I found it confusing that this chapter refers to a circulation element, for example, but there is no chapter
that deals with that in more depth, as there are for other elements. So, are they actually references to sections of the
Comp Plan?"
C
r1
U
Ms. Surber: "The WACs actually specify what elements you have to address in this chapter, and then it maybe that
those general goals and policies have their own chapter, or they may just be addressed throughout."
Ms. King: "I would like to see at least reminders, in addition to the specific chapters that refer people back to
chapter 4 for this general information, because the material in chapter 4 applies to everything am I correct?"
Ms. Surber: "If you were doing an amendment to the Shoreline Master Plan, these are the guiding principles for the
entire document, and the SMP should reflect these. However, in doing an individual project, you would not
necessarily use this chapter, as you would check the development regulations. If there was any question about a
condition based on a specific regulation, you might look back to policies and goals to support yourself."
CHAPTER4
Page Line or Planning Commission Issue or Change Comments
section
1 28 Strike out second general; insert a comma after
location; strike out and, and leave comma after
grounds on ]ne 32. "To address the proposed
general distribution, and location, extent ....., and
rounds, and other cafe ories of other ...."
2 16 ........of the area, and aze compatible with the
surroundin azeas.
General AK: Suggest that for each policy, identify the See Note 1 below; also, this
and major thrust and place that verb at the beginning of would make SMP policies
throughou the sentence. As example, 4.2.1 should read more consistent with the
t "Maximize water-dependent........., instead of Comp Plan.
utilize ......to maximize"
2 Pol 4.2.1 Maximize ...
Po14.2.2 Encoura e...
Po14.2.3 Foster ....
Po14.2.4 Protect... , in desi nin new residential ...
Po1.4.2.5 Ensure public safety....by appropriately locating,
designing, and operating all activities, development,
and redevelo ment.
3 3 Goal rewrite: after Ms. Thayer attempted a revision,
Ms. Capron suggested that since the goal was taken
verbatim from the Comp Plan, it should be left was
written. A reed.
4 PoL4.3.2 Chan e to "Give riorit ......
Po14.3.3 Delete the word To and ca italize Stren then
4.3.3
10 and 13 Correct the indentations for i. and ii.
13 Stazt with "Promote ....., b workin with ....".
16 Encoura e ..... of the ,not a, NW Maritime Center
5 Po14.4.2 Minimize im acts...
Pol 4.5.1 Fix this -seems to be a stra prase in it??
6 Pol. 4.5.5 Provide.. ;Chan e bic cles [o c clists
Pol. 4.5.6 V ublic access o ortunities b rovidin
Po14.5.9 Stet on numberin and Ensure that ....
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August 11, 2005 Page 5
i
7 Po14.6.1 Increase o rhmities.... in coordination with...
Po14.6.2 Provide...
Line 21 Am errand to "and"
Po14.7.2 Locate, design ..... development so as not to
de ade .
4.8 Typo in improvements; reformat and redo italics
P ore
8 2 To achieve No Net Loss and strive... status at the
time of ado lion of the master ro am.
7 Im lement
14 Provide incentives to restoration by implementing Randels: this is not permitted
tools which may include, but are not limited to:.... in the CAO just passed, and
if it is important, then why
allow tam erin with it?
19; 4.8.4 Crafr a preferential tax incentive incoordination Randels' notes: tax relief
with the county through the Public Benefit ... incentives are inappropriate
and should be deleted; not the
province of SMP; needs to be
addressed by City Council,
not Planning Conrntission.
See also Note 2
24, 4.8.5 Employ Adaptive Management Techniques - Staff was asked to include a
Monitor and analyze ....; comma after anticipated ( definition of Adaptive
line 28) Management and to
wordsmith this policy, if
need be.
9 6, 4.9.1 Foster a greater appreciation for the importance
....activities by encouraging educational projects
and ro ams.
Chapter 4 Table Notes:
1. After some discussion about the extent of rewriting that maybe necessary to make these changes throughout,
the group agreed in principle, but had difficulty arriving at a practical way to rewrite policies, share those
revisions, and agree upon them. There was also the concern about the added time, considering the already tight
schedule for completing this review and other SMP project tasks. When called upon for an opinion based on his
experience, Mr. Toews said he would lean towazd having staff make the changes for the commission to review.
Ms. King said she would be willing to bend somewhat on the consistency, provided that for each policy, the
language reflects the thmst or main idea intended. Mr. Randall and Ms. Surber agreed to take on the
responsibility. Ms. King was asked to read more examples of the type of revision she recommended, and did
so.
2. Mr. Lizut read from Mr. Randels notes regarding his opposition to inclusion of 4.8.4 and other similaz policies.
There was discussion including the point made by Mr. Randall that there aze precedents such as tax exemptions
for historic preservation. He also noted that tax exemptions are one of the (few) things that can be done to
encourage, i.e. put real force in the plan. There was a motion by Ms. Thayer to retain Policy 4.8.4, and a
provisional vote resulting in a 6/0/0 (unanimous) decision to retain the policy.
CHAPTER 5
Page Line or
section Planning Commission Issue or Change Comments
1 17 Should it be Boat Haven Marina District? Or Boat
Haven Marina and Marine Trades District? Change to Boat Haven I
District I
36 No ca s for Re ula[ion(s)
2 5 Shoreline Master uidelines should be Ca s
22 Same
Last Here and at other places in Chapter 6, check use of Staff should check and
Planning Commission Minutes
August ] 1, 2005 Page 6
•
aza h italics robabl remove italics
Numberin Should treat shoreline environments
2 BHMT to Boat Haven
3 6 Guidelines lower case
40 D artment of Ecolo ,comma
4 25 Seawazd to waterwazd; no, cant do due to WACs
5 5.5.1. First pazagaph should be 5.5.1; then new policy
5.5.2, Reco ize [he order of use...
Public On the azea designated, Puget sound does not start ]S: clarified the difference
comment until Kitsap Coun[y....Admiralty Inlet... between the old and new
from SMP; she said we have kept
audience only the items that apply to
this 'urisdiction
New 5.5.1 Reco 'ze....
Confusion as to meaning; use of the word result is
erthe WACs
5.5.2 Ensure....
5 Question about Extreme low tide etc ; JR explained From GR memo
the references were to two different things; RL
a eed to leave as it was
15-17 Suggestion to remove italics was rebutted by JS; but
added {section 5.5 above}
also should sa seawazd
Section JS interjected to explain the policies on New Over- Check that uses of the upper
5.6 water structures: no restaurant decks, but OK if floors of the historic over-
Aquatic remodel; balcony on upper stories OK; secondary water structures is properly
egess on back of building; use must be consistent addressed
with the zonin
6 5.6.1 Limit....
5.6.2 Pemu[....on existin over-water stmctures
New POL No, move to Reuse
27 Needs the endin arenthesis; Actuall OK as is
6 & 7 Policy 5.6.2 and 5.6.5 seem to be the same; take out
line 30ff on a e 6
5.6.3 Add "cantilevered" decks
5.6.3 75 read the full text after alteration and it was
a roved
5.6.4 Limit.... and encoura a ...; et rid of should
7 5.6.5 Refurbish....is there another policy in there; maybe Are the sub headings all
Minor ex ansion sentence should be under 5.6.6 necess ?
7 Top of Uses etc. should be Bold italics
ae
Line 10, Develop in coordination with... a moorage float
5.6.7
Line 12- Strike "boat" and use "vessel" here and elsewhere
13 Use "commercial tour vessel" instead of anise
15 Move under environmental protection and renumber
to 5.6.11; reword to "remove abandoned over-
water structures"
Chan e bullets to letters a, b, c
28 Reword: Locate and design...to minimize... to be
com atible;...
33, 5.6.9 Desi nand mono e...
Planning Commission Minutes
August I1, 2005 Page 7
•
45 Add drillin , after minin : "Mini[[ , drillin ..
8 Is Aquaculture permitted? It is addressed in Chapter JS: See Chapter 8, page 8 line
8; put under allowed uses, with a reference to 9: specifies kinds of
Chapter 8 Aquaculture, page 7, line 21
Should be under 5.6.2.; move the language forward fish pens aze prohibited
under A uatic
9 43 Should we list the Fort Worden Pier, specifically?
JS: The Fort is its own national Historic District, so
it should be mentioned
10 38 Add: be o en to the ublic
24 Add the word historic, e.g. Quincy St. dock Note that Chapter 141ists
Should not be indented removing it as a restoration
ro'ect
11 36 Ci ma re uire securi be ond...; strike "a"
5.6.18 at Item labeled as Policy should be DR; should not be
bottom of hanging by itself; also check numbering
a e
Height limit: suggestion to reword and delete
comma after overntttent-o erated
VI. Old Business
There was no old business.
VH. Communications
There were no Communications items.
• VIII. Upcoming Meetines
8/25/05: Public Heazing -- Shoreline Master Program Update to start at 6:00 PM if re-notice arrangements
can be made in sufficient time.
9/01 /O5: Public Hearing --Shoreline Master Program Update, to start at 6:00 PM
IX. ADJOURNMENT
Ms. Thayer moved that the meeting be adjourned, Mr. Emery seconded. Ms. King adjourned the meeting
at 8:43 PM
f
e King Vice Chdir
i 0 ~ 1 //!~f/K'7/'iN./
Gail Bernhazd, Meeting Recorder
i
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